Land Use Bylaw No. 352 (consolidated to Bylaw 434, July 2025)
Cowley, Alberta
· adopted 1998-09-01
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VILLAGE OF COWLEY
LAND USE BYLAW
NO. 352
Prepared by the
September 1998
(Consolidated to Bylaw 434, July 2025)
Village of Cowley Land Use Bylaw No. 352 Amendments - Page 1
Village of Cowley Land Use Bylaw No. 352 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
370
"Public Institutional - PI" to "General Residential - R1"
Lot 10, Block 3, Plan 1559I
19-Apr-2004
376
"Highway and General Commercial - C2" to "General
Residential - R1"
Portion of Lot 16, Block 2, Plan 7810351
20-Mar-2007
380
"Transitional/Urban Reserve - TUR" to "Direct Control -
DC"
Lot 3, Block 12, Plan 0812201
16-Sep-2008
instructed
by Planner
Mike Burla
"Parks and Open Space - POS" to "General Residential -
R1"
"Parks and Open Space - POS" to No Zoning
Lots 23-34, Block 10 & Lots 108, Block 11,
Plan 8610628
Portion of lane and Chinook Crescent in
Plan 8610628
1-Nov-2018
New Land Use Districts Map changing all Village street names to numbers
2-Mar-2020
431
Addition of definition for Recreational vehicle in Section
1.
Amend definitions for Dwelling Unit and Single Family
Dwelling in Section 1.
Addition of Outside Storage to General Industrial and
Warehousing - I as a Discretionary Use.
Amend Schedule 5 to include use restrictions and
development requirements for 5.8 Recreational Vehicle.
13-Jan-2025
432
"Parks and Open Space - POS" to "Direct Control 1 -
DC1"
Amend Schedule 1 to include Direct Control 1 to Land
Use Districts.
Addition of Direct Control 1 Land Use District to
Schedule 2.
Lot 3, Block G, Plan 5529AA
13-Jan-2025
434
"Parks and Open Space - POS" to "General Residential -
R1"
Lot 11, Block 3, Plan 1559I
14-July-2025
TABLE OF CONTENTS
Page
1.
DEFINITIONS ....................................................................................................................
1
2.
DESIGNATED OFFICER / DEVELOPMENT OFFICER ........................................................ 18
3.
MUNICIPAL DEVELOPMENT AUTHORITY (MDA) ............................................................. 18
4.
LAND USE DISTRICTS ..................................................................................................... 18
5.
DEVELOPMENT PERMIT APPLICATIONS ......................................................................... 19
6.
PERMITTED USE APPLICATIONS .................................................................................... 19
7.
DISCRETIONARY USE APPLICATIONS ............................................................................ 19
8.
NOTIFICATION .................................................................................................................. 19
9.
PROVISION OF SERVICES .............................................................................................. 20
10. NOTIFICATION DEVELOPMENT PERMIT ISSUED............................................................ 20
11. VALIDITY OF A DEVELOPMENT PERMIT ........................................................................ 20
12. REAPPLICATION ............................................................................................................... 20
13. COMMENCEMENT OF DEVELOPMENT ............................................................................ 21
14. TRANSFER OF DEVELOPMENT PERMIT ......................................................................... 21
15. WAIVERS OF BYLAW PROVISIONS ................................................................................ 21
16. DEEMED REFUSAL / FAILURE TO RENDER DECISION .................................................. 21
17. ADDITIONAL DEVELOPMENT REFERRALS ...................................................................... 21
18. ADDITIONAL CONDITIONS OF APPROVAL...................................................................... 21
19. NUMBER OF DWELLING UNITS ON A PARCEL ............................................................. 22
20. DEVELOPMENT AGREEMENTS ........................................................................................ 22
21. ADDITIONAL APPLICATION INFORMATION REQUIREMENTS ......................................... 22
22. DEVELOPMENT PERMIT SUSPENSION OR CANCELLATION .......................................... 22
23. STOP ORDERS ................................................................................................................ 22
24. APPEALS .......................................................................................................................... 22
25. NON-CONFORMING BUILDINGS AND USES ................................................................... 22
26. DEVELOPMENT IN MUNICIPALITY GENERALLY ............................................................. 23
27. PENALTIES ....................................................................................................................... 23
28. SIMILAR USES ................................................................................................................. 23
29. LAND USE REDESIGNATIONS ......................................................................................... 23
30. SCHEDULES ..................................................................................................................... 23
31. AMENDMENT OR REPEAL OF BYLAW ........................................................................... 23
32. ADOPTION OF BYLAW .................................................................................................... 23
Schedule 1
-
LAND USE DISTRICTS AND MAP ............................................................. 25
Schedule 2
-
LAND USE DISTRICT REGULATIONS
General Residential - R1 ..................................................................... 27
Mobile Home Residential - R2 ............................................................ 33
Downtown/Retail Commercial - C1 ..................................................... 37
Highway and General Commercial - C2 ............................................. 41
General Industrial and Warehousing - I .............................................. 47
Parks and Open Space - POS ............................................................ 53
Page
Public and Institutional - PI ................................................................. 57
Transitional/Urban Reserve - TUR ..................................................... 61
Direct Control - DC .............................................................................. 65
Direct Control 1 - DC1 ......................................................................... 69
Schedule 3
-
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................. 73
Schedule 4
-
FORMS AND APPLICATIONS ..................................................................... 75
FORM A - Application for a Development Permit .............................. 77
FORM B - Notice of Decision (Discretionary Use or
Non-Complying Applications) .............................................. 79
FORM C - Development Permit (Permitted Complying Applications) ..... 81
FORM D - Development Permit (Discretionary Use or
Non-Complying Applications) .............................................. 83
FORM E - Notice of Subdivision and Development Authority Meeting 85
FORM F - Notice of Subdivision and Development Appeal
Board Hearing ................................................................. 87
FORM G - Notice of Decision of Subdivision and Development
Appeal Board.................................................................. 89
FORM H - Agreement for Time Extension ......................................... 91
FORM I - Stop Order ........................................................................ 93
FORM J - Application for a Land Use Bylaw Amendment ................ 95
FORM K - Application for a Home Occupation.................................. 97
FORM L - Application for a Temporary Development Permit ........... 99
Schedule 5
-
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
Part 5.1 - General Rules for All Districts .......................................... 101
Part 5.2 - Accessory Structures ....................................................... 103
Part 5.3 - Mobile Homes .................................................................. 104
Part 5.4 - Natural Resource Extractive Uses ................................... 110
Part 5.5 - Noxious or Hazardous Industries ..................................... 111
Part 5.6 - Signs and Billboards ........................................................ 112
Part 5.7 - Wind Energy Conversion Systems .................................. 123
Part 5.8 - Recreational Vehicles ...................................................... 125
Schedule 6
-
LANDSCAPING AND SCREENING .............................................................. 127
Schedule 7
-
ACCESS AND OFF-STREET PARKING AND LOADING ............................ 129
Schedule 8
-
SECURITIES ................................................................................................ 139
Schedule 9
-
HOME OCCUPATIONS ................................................................................ 141
Schedule 10
-
FEE SCHEDULE ......................................................................................... 143
SIGNATURE PAGE ............................................................................................................... 145
DEVELOPMENT AUTHORITY BYLAW NO. 341
SUBDIVISION AUTHORITY BYLAW NO. 345
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW NO. 415
Village of Cowley Land Use Bylaw No. 352
Page 1
VILLAGE OF COWLEY
IN THE PROVINCE OF ALBERTA
LAND USE BYLAW NO. 352
The Council of the Village of Cowley enacts as follows:
BEING A BYLAW OF THE VILLAGE OF COWLEY, IN THE PROVINCE OF ALBERTA, TO
REGULATE THE USE AND DEVELOPMENT OF LAND AND BUILDINGS.
This bylaw may be cited as "The Village of Cowley Land Use Bylaw".
In this bylaw, words used in the singular include the plural,
and words using the masculine gender include the feminine gender.
1.
DEFINITIONS
In this bylaw:
Accessory building means any building:
(a) which is separate from the principal building on the lot on which both are located and
the use of which the designated officer decides is normally subordinate and incidental
to that of the principal building; or
(b) the use of which the designated officer decides is normally subordinate and incidental
to that of the principal use of the site on which it is located.
Accessory use means a use of a building or site which the designated officer decides is
normally subordinate and incidental to the principal use of the building or site.
Act means the Municipal Government Act, Statutes of Alberta, 1994, Chapter M-26.1, as
amended.
Amenity area means an area or areas within the boundaries of a project intended for
recreational purposes. These may include landscaped areas, patios, balconies, swimming
pools and similar uses.
Amusement facility means development for amusement pastimes and may incorporate
eating or drinking facilities as an accessory use.
Animal care service, large means development used for the care, treatment, boarding,
breeding or training of animals and livestock within or outside buildings and includes the
supplementary sale of associated products. This use includes veterinary offices or hospitals,
animal shelters, boarding and breeding kennels, facilities for impounding and quarantining
animals and related research facilities.
Animal care service, small means development for the on-site treatment or grooming of small
animals such as household pets, where on-site accommodation is not normally provided and
where all care and confinement facilities are enclosed within a building. This use includes
off-site treatment of animals or livestock of any size and the supplementary sale of
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Village of Cowley Land Use Bylaw No. 352
associated products. Examples include pet grooming salons, pet clinics and veterinary
offices.
Apartment dwelling means a building or a portion of a building which contains three or more
dwelling units and where the primary access to each unit is provided through a common or
shared entryway. This use also includes eightplexes or any building containing more than
six dwelling units, where each unit is provided with its own primary access to the outside.
Approved use means a use of land and/or building for which a development permit has been
issued by the designated officer or the Municipal Development Authority.
Apron means a flat-surfaced area that surrounds and lies adjacent to a mobile home pad.
Area redevelopment plan means a statutory plan in accordance with the Act and the
municipal development plan for the purpose of all or any of the following:
(a) preserving or improving land and buildings in the area;
(b) rehabilitating buildings in the area;
(c) removing buildings from the area;
(d) constructing or replacing buildings in the area;
(e) establishing, improving or relocating public roadways, public utilities or other services in
the area;
(f)
any other development in the area.
Area structure plan means a statutory plan in accordance with the Act and the municipal
development plan for the purpose of providing a framework for subsequent subdivision and
development of an area of land in the municipality.
As required by the Municipal Development Authority means that a standard or requirement of
the land use bylaw may be varied but not completely waived.
Auction mart means a use of land or buildings for the auctioning and related temporary
storage of household effects, goods and equipment, except livestock.
Auto body and paint shop means a premise where the bodies, but not other parts of motor
vehicles, are repaired, and where motor vehicle bodies and other metal machines,
components or articles may be painted.
Auto sales and service means an enclosed building within which motor vehicles and parts are
displayed for sale, and may include a new or used automobile sales lot, and may also
include auto repairs, except for body work and painting.
Basement means any storey of a building of which the ceiling level is less than 1.8 m (6 ft.)
above the average finished surface level of the surrounding ground.
Bed and breakfast means a home occupation which provides short-term accommodation,
generally not exceeding one week, to the travelling public, tourists or members of the
general public.
Berm means a dyke-like form used to separate incompatible areas or functions, or
constructed to protect the site or district from vehicular road or other noise.
Village of Cowley Land Use Bylaw No. 352
Page 3
Boarding house means a building (other than a hotel or motel) containing not more than 15
sleeping rooms where meals or lodging for five or more persons are provided for
compensation pursuant to previous arrangements or agreements.
Buffer means a row of trees, hedges, shrubs or berm planted or constructed to provide
visual screening and separation between uses, buildings, sites or districts.
Buildable area means that portion of a lot or parcel which remains after all setbacks,
minimum yard dimensions and separation distances have been deducted.
Building has the same meaning as it has in the Act.
Building height means the vertical distance between grade and the highest point of a
building excluding an elevator housing, a roof stairway entrance, a ventilating fan, a skylight,
a steeple, a chimney, a smoke stack, a fire wall or a parapet wall and a flagpole or similar
device not structurally essential to the building.
Building inspector means the person or persons appointed by the municipality to be the chief
building inspector in and for the Village of Cowley.
Carport means a partially enclosed structure intended for the shelter of one or more motor
vehicles.
Child care service means a development providing provincially-approved care or education
without overnight accommodation for more than six children at one time.
Club and fraternal organization means development for the assembly of members of non-
profit clubs or organizations.
Commercial logging means the removal of existing timber stands within the municipality
whereby the logs are removed from the site to be processed at a different location into
dimensional lumber or other wood byproducts.
Commercial vehicle "A" means a vehicle not exceeding a rated load capacity of 907
kilograms (one ton), that is used for commercial or industrial purposes.
Commercial vehicle "B" means a vehicle exceeding a rated load capacity of 907 kilograms
(one ton), that is used for commercial or industrial purposes.
Common wall means a vertical separation completely dividing a portion of a building from the
remainder of the building and creating in effect a building which, from its roof to its lowest
level, is separate and complete unto itself for its intended purpose, such wall being owned by
one party but jointly used by two parties, one or both of whom is entitled to such use by prior
arrangement.
Community facilities means community halls, public libraries, parks, playgrounds, schools,
hospitals, shopping, medical and dental clinics and other similar facilities.
Comprehensive development means planned residential development having a high standard
of design, a variety of accommodation, and adequate amenity provisions.
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Village of Cowley Land Use Bylaw No. 352
Condominium means a building or structure where there exists a type of ownership of
individual units, generally in a multi-unit development or project where the owner possesses
an interest as a tenant in common with other owners.
Construction supply and contractors means the use of land or buildings for the operation of a
building trade or service or a materials supplier to the construction industry.
Council means the Council of the Village of Cowley in the Province of Alberta.
Designated officer means a person authorized by council to act as a development authority
pursuant to section 624(2) of the Municipal Government Act and in accordance with the
municipality's development authority bylaw.
Development agreement means a contractual agreement completed between the municipality
and an applicant for a development permit which specifies the public roadways, utilities and
other services to be provided by the permit holder as a condition of development approval
provided the agreement is in accordance with sections 648, 650, 654 and 655 of the Act, as
amended.
Development Authority means the Municipal Development Authority, except in such
instances whereby the designated officer may be the development authority, in accordance
with this bylaw.
Development permit means a document issued pursuant to this bylaw authorizing a
development.
Discretionary use means the one or more uses of land or buildings that are described in
Schedule 2 as discretionary uses.
District means a district established under Schedule 1.
Double-wide mobile home means a mobile home that is permanently fixed to two chassis, or
is permanently fixed to one chassis and has a section which can be expanded or telescoped
from the mobile home for additional floor area. Double-wide mobile homes are typically not
less than 6 metres (20 ft.) in width.
Drive-in business means an establishment with facilities for on-site service to customers who
remain in their motor vehicles.
Drive-in restaurant means a restaurant which offers car attendant service or drive-through
pick-up service.
Duplex means a building containing two separate dwelling units connected by a common
floor or ceiling.
Dwelling unit means a room or a suite of rooms operated as a residence for family,
containing cooking, sleeping and sanitary facilities. For the purpose of this bylaw, a
recreational vehicle is not a dwelling unit.
Easement means a right held by one party in land owned by another, typically for access or
to accommodate a public utility.
Village of Cowley Land Use Bylaw No. 352
Page 5
Eaveline means the overhanging portion of a roof beyond the exterior walls of a building.
Environmental reserve means any parcel of land specified as environmental reserve by a
subdivision approving authority pursuant to section 664 of the Act, as amended.
Equipment sales, rental and service means the use of land or buildings for the retail sale,
wholesale distribution, rental and/or service of: hand tools, small construction, farming,
gardening and automotive equipment, small machinery parts and office machinery and
equipment.
Extensive agriculture means the production of crops or livestock or both by the expansive
cultivation or open grazing of normally more than one parcel or lot containing 64.8 hectares
(160 acres) more or less.
Existing lot means a lot that existed at the time this bylaw was adopted.
Family means one or more persons occupying a dwelling unit as a single housekeeping unit.
Farm/industrial machinery sales, rental and service means the use of land or buildings for the
sale, service and/or rental of agricultural implements, vehicles over 5,900 kg (13,000 lbs.) tare
weight and heavy machinery used in the operation, construction or maintenance of buildings,
roadways, pipelines, oil fields, mining or forestry operations, and in freight hauling
operations. Cleaning, repairing and sale of parts and accessories may be allowed as part of
the principal use or as accessory uses.
Farm supplies and service means the use of land or buildings for the sale, storage and
distribution of grain (including grain elevators), livestock feed, fertilizer and chemicals used in
agriculture.
Fence means a roofless structure, wall or hedge used as an enclosure or screening on any
part of a lot.
Floor area means the sum of the gross horizontal area of the several floors and
passageways of a building, but not including cellars, attached garages, and open porches.
All dimensions shall be outside dimensions.
Foundation means the supporting base structure of a building.
Fourplex means a form of cluster housing containing four dwelling units, where:
(a) each unit has two contiguous or abutting walls which provide fire separation from the
adjacent dwelling units;
(b) two of the dwelling units ordinarily face the front yard, and two dwelling units ordinarily
face the rear yard; and
(c) each unit is provided with its own separate primary access to the outdoors.
Frontage means the lineal distance measured along the front legal lot line.
Front property boundary, Principal means the front property boundary as shown in Figure 1.
Front property boundary, Secondary means the front property boundary as shown in
Figure 1.
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Village of Cowley Land Use Bylaw No. 352
FIGURE 1
Garage (residential) means an accessory building designed and used for storage of motor
vehicles.
Garden centre means the use of land or buildings for the sale, display, growing and storage
of garden, household, and ornamental plants and trees provided that the retail sale and
display of plants and trees remains the principal use. This use includes the supplementary
retail sale of fertilizers, garden chemicals and implements as well as associated products.
Grade means the average elevation of the finished ground or street surface.
Grain elevator means a building normally located adjacent to a railway constructed for the
purpose of storing harvested cereal crops until such time that the product can be transported
to market.
Group home means development using a dwelling unit for a provincially-approved residential
social care facility providing rehabilitative and supportive care for four or more persons. A
"Group home" may incorporate accommodation for resident staff as an accessory use.
Highway means:
(a) a highway or proposed highway that is designated as a primary highway; or
(b) a road, street or highway designated as a secondary road and numbered between 500
and 999.
Highway commercial is a general term used to describe development, typically along a major
roadway or highway that provides goods and services to the travelling public. Typical
highway commercial uses include service stations, truck stops, motels, motor-hotels, drive-in
and fast-food restaurants.
Home occupation means an occupation, trade, profession or craft carried on by an occupant
of a dwelling unit as a use secondary to the residential use of the lot, and which does not
change the character thereof or have any exterior evidence of such secondary use.
Village of Cowley Land Use Bylaw No. 352
Page 7
Hotel means a building used primarily for sleeping accommodation and ancillary services
provided in rooms or suites of rooms which may contain bar/kitchen facilities. The building
may also contain commercial or other uses and may offer such additional services as
parking facilities, restaurant or dining room, room service or public convention facilities.
Improvement means any installation or physical change made to a property with a view to
increasing its value, utility or beauty.
Institutional means a use by or for an organization or society for public or social purposes
and, without restricting the generality of the term, includes senior citizen housing, nursing
homes, day care centres, places of worship, museums, libraries, schools, service and
fraternal organizations, and government buildings.
Intensive horticultural operations or facilities means a use of land or buildings for the high
yield production and/or sale of specialty crops. This use includes greenhouses, nurseries,
hydroponic or market gardens, tree, mushroom and sod farms and such other uses that the
Municipal Development Authority considers similar in nature and character to any one or all
of these uses.
Home care service means the provision of food, lodging and care for up to three individuals
conducted in a conventional single-family dwelling which has common cooking and
washroom facilities.
Kennel means an establishment in which three or more dogs, more than one year old, are
housed, groomed, bred, boarded or sold.
Lane means a public thoroughfare not exceeding 10 metres (33 ft.) in width.
Light industrial/manufacturing means development used for manufacturing, fabricating,
processing, assembly, production or packaging of goods or products, as well as
administrative offices and warehousing and wholesale distribution uses which are accessory
uses to the above, provided that the use does not generate any detrimental impact, potential
health or safety hazard or any nuisance beyond the boundaries of the developed portion of
the site or lot upon which it is situated.
Loading space means a portion of a lot or parcel that is designated or used by a vehicle
while loading or unloading goods or materials to a building or use on that parcel or lot.
Lot, in accordance with the Act, means:
(a) a quarter section;
(b) a river lot shown on an official plan referred to in section 32 of the Surveys Act that is
filed or lodged in a land titles office;
(c) a settlement lot shown on an official plan referred to in section 32 of the Surveys Act
that is filed or lodged in a land titles office;
(d) a part of a parcel where the boundaries of the parcel are separately described in a
certificate of title other than by reference to a legal subdivision; or
(e) a part of a parcel where the boundaries of the parcel are described in a certificate of
title by reference to a plan of subdivision.
Lot area means the area contained within the lot lines of a lot as shown on a plan of
subdivision or described in a certificate of title.
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Village of Cowley Land Use Bylaw No. 352
Lot, corner means a lot located at the intersection of two or more streets.
Lot, double fronting means a lot with two front property boundaries, where the front property
boundaries are situated at opposite or approximately opposite sides of the lot, as shown in
Figure 2.
Lot, interior means a lot other than a corner lot as shown in Figure 2.
FIGURE 2
Lot length leans the horizontal distance between the shortest or principal front property
boundary and the opposite property boundary, measured along the median between the side
property boundaries as shown in Figure 2.
Lot width means the horizontal distance between opposite side property boundaries
measured at a point 7.6 metres (25 ft.) from the shorter or principal front property boundary
as shown in Figure 2.
Manufactured home means a newly-constructed, factory-built dwelling which may be
transported to a new location and placed on a permanent foundation or constructed in
prefabricated units at a factory or place other than that of its final assembly and are built to
the CSA A277 certification standard.
May means, within the context of a policy, that a discretionary action is permitted.
Medical and dental office means development providing medical and health care on an
outpatient basis. Examples of this use include medical and dental offices, clinics,
occupational health and safety offices, counselling services, chiropractic and naturopathic
services and such other uses as the Municipal Development Authority considers similar in
character and nature to any of these uses, but this excludes dispensaries (which sell
pharmaceutical and related medical supplies) as an accessory use.
Minimum building setback means the shortest distance between the wall of a building and a
designated lot line.
Mobile home means a prefabricated dwelling unit that:
(a) is designed to be transported, and when placed on a foundation and connected to
utilities is ready for occupancy; and
(b) is subject to the current provincial building requirements.
Village of Cowley Land Use Bylaw No. 352
Page 9
The term mobile home includes double-wide and single-wide mobile homes, but the term
does not include motor homes, travel trailers, recreation vehicles and any similar vehicles
that are neither intended for permanent residential habitation nor subject to the current
provincial building requirements.
Mobile home park means a lot occupied by or intended for two or more single-wide and/or
double-wide mobile homes, where each mobile home site is not subdivided into a separately
titled lot.
Mobile home sales and service means development for the sale, rental or storage of new and
used mobile homes, and includes supplementary maintenance services and the sale of parts
and accessories.
Mobile home subdivision means lands divided into lots intended to be occupied by their
owners for private residential purposes, and on which are erected permanent foundations for
mobile or modular homes.
Modular construction means the construction of a building in prefabricated units at a factory
or place other than that of its final assembly which:
(a) are assembled at the location where the building is to be permanently used;
(b) are transported from one point to another by being carried on a motor vehicle;
(c) are not constructed on a frame capable of being equipped with wheels and thus towed
from one point to another; and
(d) are equipped at the factory with interior electrical and plumbing utilities and interior
walls (if these elements are required in the modular building).
Motel means development primarily providing temporary sleeping accommodation in rooms
or suites, where each room or suite may contain kitchen facilities. Each room or suite in a
motel usually has its own private exterior access and is typically provided with an adjoining
or conveniently-located parking stall. A motel may include eating and drinking facilities,
entertainment, convention, sports, recreation, personal service and retail facilities as
accessory uses.
Moved-in building means a conventional, preconstructed, previously occupied building which
is physically removed from one site, transported and re-established on another site and does
not include mobile homes.
Multi-family dwelling means a building (other than a rowhouse dwelling) containing three or
more separate dwelling units.
Municipal Development Authority (MDA) means a committee appointed by council to act as a
development authority pursuant to section 624(2) of the Municipal Government Act and in
accordance with the municipality's development authority bylaw.
Municipal Government Act means the Municipal Government Act, Statutes of Alberta, 1994,
Chapter M-26.1, and subsequent amendments.
Municipal development plan means a statutory plan, formerly known as a general municipal
plan, adopted by bylaw in accordance with section 632 of the Act.
Page 10
Village of Cowley Land Use Bylaw No. 352
Municipal reserve means the land specified to be municipal reserve by a subdivision
approving authority pursuant to section 666 of the Act.
Municipality means the geographic area of the Village of Cowley in the Province of Alberta.
Municipal/school reserve means the land specified to be municipal and school reserve by a
subdivision approving authority pursuant to section 666 of the Act.
Natural resource extractive uses means those uses of land or buildings which are governed
by the location of a natural resource and which involve the extraction or on-site processing
and/or storage of a natural resource, except those industries which are noxious or
hazardous industries. Natural resource extractive uses include the following:
(a) cement and concrete batching plants;
(b) sand and gravel operations;
(c) logging and forestry operations, including sawmills; and
(d) such other uses as established by council or the Municipal Development Authority to be
similar to any one or all of the above uses.
Non-conforming building, in accordance with the Act, means a building:
(a) that is lawfully constructed or lawfully under construction at the date a land use bylaw or
any amendment thereof affecting the building or land on which the building is situated
becomes effective; and
(b) that on the date the land use bylaw or any amendment thereof becomes effective does
not, or when constructed will not, comply with the land use bylaw.
Non-conforming use, in accordance with the Act, means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use bylaw or any amendment thereof affecting the land
or building becomes effective; and
(b) that on the date the land use bylaw or any amendment thereof becomes effective does
not, or in the case of a building under construction will not, comply with the land use
bylaw.
Noxious or hazardous industry means development used for manufacturing, fabricating,
processing, assembly, storage production or packaging of goods or products where:
(a) the industry may be detrimental to public health, safety or welfare beyond the
boundaries of the site or activity,
(b) the industry may be incompatible with residential or other development because of toxic
gases, smells, odours, waste, noise or emissions which are not confined to the site.
Nuisance means any use, prevailing condition or activity which has a detrimental effect on
living or working conditions.
Office means development to accommodate:
(a) professional, managerial and consulting services;
(b) the administrative centres of businesses, trades, contractors and other organizations;
and
(c) service-related businesses such as travel agents, insurance brokers, real estate agents
or financial institutions.
Village of Cowley Land Use Bylaw No. 352
Page 11
Off-street parking space means a lot or parcel or portion thereof, excluding a public roadway,
which is used or intended to be used as a parking area for motor vehicles.
Orientation means the arranging or facing of a building or other structure with respect to the
points of the compass.
Outside storage means the open storage of goods, merchandise or equipment outside a
building.
Owner means the person or persons shown as the owner(s) of land on the assessment roll
of a municipality.
Parcel, in accordance with the Act, means the aggregate of the one or more areas of land
described in a certificate of title by reference to a plan filed or registered in a land titles office.
Parking facility includes parking areas, parking spaces and parking structures which are
defined as follows:
(a) Parking area means a portion of land or a building or a combination of both, set aside for
and capable of providing space for the parking of a number of motor vehicles.
(b) Parking space means a space set aside for and capable of being used for the parking of
one motor vehicle.
(c) Parking structure means a building or other structure designed for parking automobiles
in tiers on a number of levels above each other whether above or below the ground.
Patio means an outdoor area of a lot developed and used for leisure and/or recreation
purposes.
Permanent foundation means a foundation installed to provide structural support for a
building or structure, for a period of at least 20 years including: concrete slab on grade,
concrete strip footings, wood or concrete full basement and pile or pier footings.
Permitted use means:
(a) the one or more uses of land or buildings that are stated in Schedule 2 as permitted
uses; and
(b) uses which, in accordance with and subject to the Act, shall be issued a development
permit with or without conditions (unless the use is exempted from requiring a development
permit) if the proposed development conforms with this bylaw.
Personal service use means a development providing services for personal care and
appearance; services for cleaning, servicing, altering and maintenance of personal effects
and accessories. Personal service use includes barber shops, beauty salons, tailors, diet
centres, shoe repair shops, dry cleaners, upholstery and rug cleaners, laundromats, funeral
homes and such other uses that the Municipal Development Authority considers similar to
any one or all of these uses.
Planning advisor means the person or organization retained by the Village of Cowley to
provide planning-related advice or services.
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Village of Cowley Land Use Bylaw No. 352
Principal building means a building which:
(a) is the main building on a lot; or
(b) by reason of its use, is the primary purpose for which the lot is used.
Principal use means the main purpose for which a lot, parcel, or building is used or intended
to be used.
Provincial Land Use Policies means policies established by order of the Lieutenant Governor
pursuant to section 622 of the Act.
Public and institutional use means a use of land or buildings for any of the following public or
semi-public developments:
(a) a school or educational facility whether public or private;
(b) churches or places of worship;
(c) medical facilities which provide both in-patient and out-patient services including
hospitals, nursing homes and sanatoriums;
(d) government and municipal offices, libraries and similar developments;
(e) protective services, including fire halls, police stations and ambulance services;
(f)
cemeteries; and
(g) such other uses as the Municipal Development Authority considers similar in nature and
character to any one of these.
Public open space means land which is not in private ownership and is open to use by the
public.
Public park or recreation use means a public park, playground, recreation area, indoor or
outdoor rink, gymnasium, sportsfield, campground, historic or archaeological site or any
similar facility or use of land or buildings provided that the park, playground, recreation area
or similar facility is owned and/or administered by any level of government.
Public roadway means, in a city, town, new town, village or summer village, the right-of-way
of all or any of the following:
(a) a local road,
(b) a service road,
(c) a street,
(d) an avenue, or
(e) a lane.
Public utility means the right-of-way for one or more of the following:
(a) telecommunications systems;
(b) waterworks systems;
(c) sewage systems;
(d) heating systems;
(e) systems for the distribution of gas, whether natural or artificial;
(f)
systems for the distribution of artificial light or electric power.
Railway means any use connected with the direct operation of a railway system.
Village of Cowley Land Use Bylaw No. 352
Page 13
Rear lane means service access, generally for vehicular traffic at the rear of properties.
Recreational Vehicle means a transportable living unit, designed to be moved on its own
wheels or by other means (including units permanently mounted on trucks), designed or
constructed to be used for sleeping or living purposes on a short-term, temporary basis.
Such living units are subject to highway safety standards rather than housing standards.
Typical units include, but are not limited to, motor homes, campers, holiday trailers, travel
trailers, fifth wheel trailers and park model trailers. These units are not permitted as either
temporary or permanent dwellings.
Recycling facility means the use of land or buildings for the purchasing, receiving and/or
temporary storage of discarded articles or vegetation, provided that the use does not
generate a detrimental effect or nuisance beyond the boundaries of the lot or site on which it
is situated. A recycling facility may involve supplementary production of by-products or
materials and includes bottle, can, and paper recycling depots and composting sites.
Registered owner means:
(a) in the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land; or
(b) in the case of any other land:
(i)
the purchaser of the fee simple estate in the land under an agreement for sale that
is the subject of a caveat registered against the certificate of title in the land, and
any assignee of the purchaser's interest that is the subject of a caveat registered
against the certificate of title; or
(ii) in the absence of a person described in paragraph (i), the person registered under
the Land Titles Act as the owner of the fee simple estate in the land.
Reserve land means environmental reserve, municipal reserve or school reserve or
municipal and school reserve.
Residential streets means streets whose primary function is to allow access to residential
lots. A collector street may be classified as a residential street, providing the volume of
traffic is not detrimental to living conditions.
Resource development activity means the removal of natural resources including oil, gas,
minerals or timber on a commercial basis.
Resource processing activity means the extraction, refining or other processing of natural
resources including oil, gas, minerals or timber on a commercial basis.
Restaurant means development where food and beverages are prepared and served and
includes supplementary alcoholic beverage service and supplementary on- or off-premises
catering services. This term includes restaurants, cafes, lunch and tea rooms, ice cream
parlours, banquet facilities, take-out restaurants and such other uses as the Municipal
Development Authority considers similar in character and nature to any one of these uses.
Retail store means a building where goods, wares, merchandise, substances, articles or
things are stored, offered or kept for sale at retail, and includes storage on or about the store
premises of limited quantities of such goods, wares, merchandise, substances, articles or
things sufficient only to service such a store.
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Village of Cowley Land Use Bylaw No. 352
Rowhouse dwelling or townhouse means a residential building containing three or more
dwelling units, where each dwelling unit is joined in whole or in part at the side only and
where no dwelling unit is located in whole or in part above another dwelling unit. Each
dwelling unit in a rowhouse is separated from the abutting dwelling unit by a wall, generally
extending from the foundation to the roof, and each dwelling unit is provided with its own
direct access from grade.
Salvage or waste disposal facility means development for purchasing, receiving or
transporting of spent materials or substances which may generate a detrimental impact or
nuisance beyond the boundaries of the lot or parcel on which it is situated. This term
includes uses such as autowreckers, salvage and scrap yards, garbage container services,
effluence tanker services and such other uses as the Municipal Development Authority
considers similar in character and nature to any one or all of these uses.
Screening means a fence, wall, berm or hedge used to visually separate areas or functions
which detract from the urban street or neighbouring land uses.
Semi-detached dwelling means a residential building containing only two dwelling units
located side by side with separate access to each dwelling unit. Each dwelling unit in a
semi-detached dwelling is joined to the other unit by at least one common wall which
extends from the foundation to at least the top of the first storey of both dwelling units.
Senior citizen housing means development, including lodges, which is used as a residence
for elderly individuals not requiring constant or intensive medical care.
Service station means premises or the portion thereof used or intended to be used for the
servicing and minor repairing of motor vehicles and for the sale of gasoline, lubricating oils
and minor accessories for motor vehicles.
Setback means the distance required between a building, development or use from a
property line facing a street or other property line.
Shall means that the action is mandatory.
Should means that the action is recommended.
Sign has the same meaning as it has in the sign standards of this bylaw.
Similar use means a use which is not specifically considered in a land use district but, in the
opinion of the Municipal Development Authority, is similar in character and purpose to
another use that is permitted or discretionary in the land use district in which such use is
proposed, the Municipal Development Authority may:
(a) rule that the proposed use is either a permitted or discretionary use in the land use
district in which it is proposed; and
(b) direct that a development permit be issued in accordance with this bylaw.
Single family dwelling means a freestanding residential dwelling, other than a mobile home,
not forming part of and not physically attached to any other dwelling or structure and is not a
recreational vehicle.
Single-wide mobile home means a mobile home which is:
(a) typically not greater than 4.9 metres (16 ft.) in width; and
Village of Cowley Land Use Bylaw No. 352
Page 15
(b) permanently fixed to a single chassis; and
(c) not intended to be expanded, telescoped or twinned for additional floorspace.
Double-wide mobile home is a separate use.
Site means that part of a parcel or a group of parcels on which a development exists or for
which an application for a development permit is being made.
Statutory plan means a municipal development plan, area structure plan or area
redevelopment plan adopted under the Municipal Government Act.
Stop order means an order issued by the development authority pursuant to section 645 of
the Act.
Storey means that portion of a building situated between the top of any floor and the top of
the next floor above it or, if there is no floor above it, the ceiling above it. When the top of a
floor directly above a basement is over 1.8 metres (6 ft.) above grade, that basement shall be
considered a storey.
Street means a public thoroughfare affording the principal means of access to abutting
parcels, and includes the sidewalks and the land on each side of and contiguous with the
prepared surface of the thoroughfare and owned by the municipality.
Structural alteration means a repair or alteration to the supporting members or fabric of a
building which tends to either substantially prolong its use or alter its character.
Subdivision means the division of a parcel by an instrument, and "subdivide" has a
corresponding meaning.
Subdivision and Development Appeal Board means the tribunal established, by bylaw, to act
as the municipal appeal body for subdivision and development.
Subdivision and Development Regulation means regulations established by order of the
Lieutenant Governor in Council pursuant to section 694 of the Act.
Subdivision approval means the approval of a subdivision by a subdivision approving
authority.
Subdivision Authority means the person or body empowered to approve a subdivision.
Take-out service means the sale of food or beverages in a form ready for consumption from
a restaurant or other premises where a significant portion of the consumption will take place
off the premises.
Triplex means a single building comprised of three dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area.
Truck stop means a service station which caters to large commercial vehicles such as semi-
trailer trucks as well as intermediate-sized vehicles and passenger vehicles. The use truck
stop includes an accompanying restaurant or cafe as well as a card lock or key lock motor
vehicle fuel dispensing facility. The use may also include general retail sales, vehicle towing
services, limited vehicle sales or rentals and similar uses provided that any such uses are
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Village of Cowley Land Use Bylaw No. 352
clearly accessory uses and incidental to the operation of the truck stop in the opinion of the
Municipal Development Authority.
Utilities means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water or
electricity;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e) any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in sub-clauses (a) to (d) that are
exempted by the Lieutenant Governor in Council by regulation.
Vehicle sales and rental use means a use of land or buildings for the sale of automobiles,
vans, motorcycles, snowmobiles, tent and holiday trailers, boats and other recreational
vehicles and craft and trucks with a tare weight not exceeding 5,900 kg (13,000 lbs.). This
use includes supplementary vehicle maintenance and cleaning, sale of parts and
accessories and dispensing of motor fuel.
Waiver means the relaxation or variance of a development standard established in the land
use bylaw. For the purpose of this bylaw, only the Municipal Development Authority or, on
appeal, the Subdivision and Development Appeal Board can waive provisions of the land
use bylaw.
Warehouse means a building used or intended to be used predominantly for the indoor
storage of goods and merchandise.
Wind Energy Conversion System (WECS) means a structure designed to convert wind energy
into mechanical or electrical energy.
Yard means the minimum required open space, on a site, that lies between the principal and
accessory building or structure and the nearest lot line.
Yard, front means a yard extending across the full width of the site and measured, as to
depth, at the least horizontal distance between the front street line and the nearest projection
of the principal building as shown in Figure 3.
Village of Cowley Land Use Bylaw No. 352
Page 17
Yard, rear means a yard which extends the full width
of a site and measured, as to depth, at the least
horizontal distance between the rear property line and
the nearest projection of any building as shown in
Figure 3.
Yard, side means a yard extending from the front yard
to the rear yard, and measured as to width at the
least horizontal distance between the side property
line or side street line and the nearest projection of
any building as shown in Figure 3.
FIGURE 3
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Village of Cowley Land Use Bylaw No. 352
2.
DESIGNATED OFFICER / DEVELOPMENT OFFICER *
(a) The office of "designated officer" is established.
(b) The council shall, by resolution, appoint a person or persons to the office of designated
officer.
(c) For the purpose of this bylaw, the designated officer shall be the development officer.
(d) Each person appointed to the office of development officer:
(i)
may perform only such powers and duties as are specified in this bylaw or by
resolution of council;
(ii) is responsible for processing, deciding upon and referring applications for a
development permit in accordance with this bylaw;
(iii) shall be considered an "authorized person" pursuant to section 624 of the Act.
(e) The development officer is responsible for:
(i)
processing and referring all development permit applications in accordance with
this bylaw;
(ii) maintaining a register and recording therein all applications made for development
permits and the decisions made with respect to them;
(iii) requesting written comments from building inspectors, other municipal staff and
other agencies, as appropriate, prior to issuing a development permit or referring
an application to the Municipal Development Authority; and
(iv) carrying out such other duties and responsibilities as may be assigned by the
municipality.
3.
MUNICIPAL DEVELOPMENT AUTHORITY (MDA)
The Municipal Development Authority may perform only such powers and duties as are
specified:
(a) in the municipality's Development Authority Bylaw;
(b) in this bylaw,
(c) in the Act, or
(d) by resolution of council.
4.
LAND USE DISTRICTS
(a) The municipality is divided into those districts specified in Schedule 1 and shown on the
land use district map.
(b) The one or more uses of land or buildings that are:
(i)
permitted uses in each district, with or without conditions; or
(ii) discretionary uses in each district, with or without conditions;
are described in Schedule 2.
(c) A land use that is not listed as permitted or discretionary in a district, is prohibited.
* Note: The Municipal Development Authority is empowered to act as a designated officer and may
assume any authority or make any decisions delegated to the designated officer under this bylaw.
Village of Cowley Land Use Bylaw No. 352
Page 19
5.
DEVELOPMENT PERMIT APPLICATIONS
(a) Except as provided in Schedule 3, no person shall commence a development unless he
has been issued a development permit in respect of the development.
(b) An application for a development permit must be made to the development officer or the
Municipal Development Authority by submitting to him or them a completed application
in Form A of Schedule 4, any prescribed fee and such other information as may be
required by the development officer or the Municipal Development Authority.
(c) An application for a development permit must be made by either the owner of the land
on which the development is proposed or, with the consent of the owner, by any other
person.
6.
PERMITTED USE APPLICATIONS
(a) Upon receipt of a completed application for a development permit for a permitted use,
the development officer shall, if the application otherwise conforms with this bylaw,
issue a development permit with or without conditions.
(b) As a condition of approval, the Municipal Development Authority may require that a
development agreement be completed with the municipality.
7.
DISCRETIONARY USE APPLICATIONS
(a) Upon receipt of a completed application for a development permit for a discretionary
use, the development officer may initiate notification as detailed in section 7(b) hereof
and shall submit the application to the Municipal Development Authority.
(b) Upon receipt of a completed application under section 7(a), the Municipal Development
Authority or the development officer:
(i)
may notify, or cause to be notified, in accordance with section 8(c), those persons
likely to be affected by the issue of a development permit; and
(ii) may also notify the Municipal District of Pincher Creek No. 9 if, in the opinion of the
Municipal Development Authority, the proposed development could have an
impact on land uses in that municipality.
8.
NOTIFICATION
(a) Upon receipt of a completed application for a development permit for a development
that does not comply with this bylaw, but in respect of which the Municipal Development
Authority is requested by the applicant to exercise discretion under section 15, the
development officer shall submit the application to the Municipal Development
Authority.
(b) Upon receipt of an application under section 7(b), and if the Municipal Development
Authority is prepared to exercise its discretion under section 15, it may notify, or cause
to be notified, in accordance with section 8(c), those persons likely to be affected by the
issue of a development permit.
(c) Whenever notification is required under section 7(a) or 7(b), the development officer
shall, at least five days before the meeting of the Municipal Development Authority:
(i)
mail written notice of the application to any person who may be affected; or
(ii) cause a similar notice to be published in a newspaper circulating in the
municipality where the application is located; or
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Village of Cowley Land Use Bylaw No. 352
(iii) cause a similar notice to be posted in a conspicuous place on the property; or
(iv) any combination of the above.
(d) In all cases, notification shall:
(i)
describe the nature and location of the use;
(ii) state the time and place where the Municipal Development Authority will meet to
consider the application as well as any oral or written submissions by either the
applicant, other affected parties, or both.
(e) After considering any response to the notification by those likely to be affected by the
development, the Municipal Development Authority may issue a development permit
with or without conditions or may refuse to approve it.
9.
PROVISION OF SERVICES
No development permit shall be issued unless the development officer has confirmed that
construction of all public roadways and utilities to the satisfaction of the municipality has
either been completed or dealt with in a completed development agreement.
10. NOTIFICATION DEVELOPMENT PERMIT ISSUED
Upon the issuing of a development permit, the development officer shall immediately notify
the applicant by mail and shall also notify any other person likely to be affected by the
development either:
(a) by mail, or
(b) by placing an advertisement in a local newspaper circulating in the municipality, or
(c) by posting a notice in a conspicuous place on the property, or
(d) any combination of the above.
11. VALIDITY OF A DEVELOPMENT PERMIT
(a) Unless it is suspended or cancelled, a development permit remains in effect for 12
months from the date of issue.
(b) The validity of a development permit may be extended by the Municipal Development
Authority for up to 18 months from the date of its issue.
12. REAPPLICATION
If an application for a development permit is refused by the development officer, the
Municipal Development Authority or, on appeal, by the Subdivision and Development Appeal
Board, another application for development:
(a) on the same lot, and
(b) for the same or a similar use,
may not be accepted for at least 6 months after the date of refusal.
Village of Cowley Land Use Bylaw No. 352
Page 21
13. COMMENCEMENT OF DEVELOPMENT
Notwithstanding the decision of a development application, no development is authorized to
commence:
(a) until at least 14 days after the date of notification of the issuance of the development
permit;
(b) if an appeal is made, until the appeal is decided upon; and
(c) upon the issuance of the development permit by the development officer.
14. TRANSFER OF DEVELOPMENT PERMIT
A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change in ownership or tenancy.
15. WAIVERS OF BYLAW PROVISIONS
At its discretion, the Municipal Development Authority may approve a development that does
not comply with one or more provisions of this bylaw if, in its opinion:
(a) the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii) materially interfere with or affect the use, enjoyment or value of neighbouring
properties; AND
(b) the proposed development conforms with a use that has been prescribed for that land
or building under Schedule 2.
16. DEEMED REFUSAL / FAILURE TO RENDER DECISION
In accordance with section 684 of the Act, an application for a development permit shall, at
the option of the applicant, be deemed to be refused when the decision of the development
officer or the Municipal Development Authority, as the case may be, is not made within 40
days of receipt of the completed application by the development officer, unless the applicant
has entered into an agreement with the development officer to extend the 40-day period.
17. ADDITIONAL DEVELOPMENT REFERRALS
No application for a proposed development on a site overlying or in the vicinity of an
abandoned underground coal mine or a sour gas pipeline corridor shall be accepted unless
written comments from:
(a) the Alberta Energy and Utilities Board in accordance with the Subdivision and
Development Regulation; and
(b) in the case of a sour gas pipeline, the utility owner or operator;
assessing the potential risks accompany the application.
18. ADDITIONAL CONDITIONS OF APPROVAL
In addition to the conditions that the Municipal Development Authority may impose on a
development permit under one or more of the schedules to this bylaw, it may impose such
additional conditions as it considers necessary to ensure that this bylaw and any statutory
plan adopted by the Village of Cowley are complied with.
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Village of Cowley Land Use Bylaw No. 352
19. NUMBER OF DWELLING UNITS ON A PARCEL
No person shall construct or locate or cause to be constructed or located more than one
dwelling unit on a parcel unless authorized by the Municipal Development Authority through
the issuance of a development permit.
20. DEVELOPMENT AGREEMENTS
The Municipal Development Authority may require with respect to a development that as a
condition of issuing a development permit, the applicant enter into an agreement to:
(a) construct or pay for the construction of public roadways or parking areas;
(b) install or pay for the installation of utilities, and/or any municipal service mutually agreed
upon;
(c) pay for an off-site levy or redevelopment levy imposed by bylaw.
21. ADDITIONAL APPLICATION INFORMATION REQUIREMENTS
The development officer may require proof of ownership or right to land in question and may
require a surveyor's certificate as proof of location of development on said land. The
provision of geotechnical information, percolation tests, soil stability analysis and/or the
preparation of an area structure plan may be required from the applicant prior to a decision
being rendered on a development application.
22. DEVELOPMENT PERMIT SUSPENSION OR CANCELLATION
If, after a development permit has been issued, the development officer or the Municipal
Development Authority becomes aware that:
(a) the application for the permit contained a serious misrepresentation; or
(b) facts concerning the application or development that were not disclosed, and which
should have been disclosed at the time the application was considered, have
subsequently become known; or
(c) a development permit was issued in error;
the development officer or the Municipal Development Authority may suspend or cancel the
development permit, as appropriate, by notice in writing to the holder of it.
23. STOP ORDERS
The development officer or the Municipal Development Authority are authorized to issue an
order under section 645 of the Act whenever either considers it necessary to do so.
24. APPEALS
Any person applying for a development permit or anyone affected by any order, decision or
development permit made or issued by the development officer or Municipal Development
Authority has the right to appeal to the Village of Cowley Subdivision and Development
Appeal Board in accordance with the procedures detailed in the Act.
25. NON-CONFORMING BUILDINGS AND USES
A non-conforming building or use may only be continued in accordance with the conditions
detailed in the Act.
Village of Cowley Land Use Bylaw No. 352
Page 23
26. DEVELOPMENT IN MUNICIPALITY GENERALLY
A person who develops land or a building in the municipality shall comply with the standards
of development specified in one or more of the schedules of this bylaw, in addition to
complying with the use or uses prescribed in the applicable land use district and any
conditions attached to a development permit if one is required.
27. PENALTIES
Every person who contravenes any provision of this bylaw is guilty of an offence under
section 566 of the Act and is liable to a fine of not more than $10,000.00 or to imprisonment
for not more than one year, or to both fine and imprisonment.
28. SIMILAR USES
Where a use is proposed which is not specifically shown in any land use district but is similar
in character and purpose to other uses of land and buildings permitted by the bylaw in the
land use district in which such use is proposed, the Municipal Development Authority may:
(a) rule that the proposed use is either permitted or discretionary development in the land
use district in which it is proposed; and
(b) direct that a development permit be issued in accordance with section 8(e) of this
bylaw.
29. LAND USE REDESIGNATIONS
If an application for a land use redesignation is refused by the council, another application
for a redesignation:
(a) on the same lot, or
(b) for the same or a similar use,
may not be accepted for at least six months after the date of refusal.
30. SCHEDULES
Schedules 1 through 10, attached hereto, form part of this bylaw.
31. AMENDMENT OR REPEAL OF BYLAW
The procedure for amendment or repeal of this bylaw is prescribed under section 692 of the
Act.
32. ADOPTION OF BYLAW
(a) The Village of Cowley Land Use Bylaw No. 317, as amended, is hereby repealed.
(b) This bylaw comes into effect upon the final passing thereof.
Schedule 1
LAND USE DISTRICTS AND MAP
Village of Cowley Land Use Bylaw No. 352
Page 25
Schedule 1
LAND USE DISTRICTS
1.
The municipality is divided into those districts shown on the Land Use District Map (following
this page).
2.
The districts in this land use bylaw shall be known by the following identifying names, letters
and numbers:
GENERAL RESIDENTIAL
- R1
MOBILE HOME RESIDENTIAL
- R2
DOWNTOWN / RETAIL COMMERCIAL
- C1
HIGHWAY AND GENERAL COMMERCIAL
- C2
GENERAL INDUSTRIAL AND WAREHOUSING
- I
PARKS AND OPEN SPACE
- POS
PUBLIC AND INSTITUTIONAL
- PI
TRANSITIONAL / URBAN RESERVE
- TUR
DIRECT CONTROL
- DC
DIRECT CONTROL 1
- DC1
Schedule 2
LAND USE DISTRICT REGULATIONS
Village of Cowley Land Use Bylaw No. 352
Page 27
GENERAL RESIDENTIAL - R1
1.
INTENT
The intent of the General Residential (R1) district is to provide a district where conventional
single-detached residences are encouraged, and other types of residential development may
be allowed on a selective basis.
2.
USES
2.1 Permitted Uses
Accessory buildings and uses
Single-family dwellings
2.2 Discretionary Uses
Apartment dwellings
Bed and breakfast
Boarding houses
Child care services
Double-wide mobile homes
Duplexes
Group homes
Home care service
Home occupations
Public and institutional uses
Public park or recreation uses
Public utilities
Rowhouse dwellings
Semi-detached dwellings
Senior citizen housing
Signs
Single-wide mobile homes
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General - See Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Mobile Homes - See Schedule 5, Part 5.3.
4.4 Signs - See Schedule 5, Part 5.6.
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Village of Cowley Land Use Bylaw No. 352
5.
MINIMUM LOT SIZE
5.1 Existing Lots
The following minimum lot sizes and dimensions apply to all existing lots:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Single-family dwellings
15.2
50
30.5
100
464.5
5,000
Single-wide or double-wide
mobile homes
15.2
50
30.5
100
464.5
5,000
Duplexes or semi-detached
dwellings
19.8
65
30.5
100
603.9
6,500
Apartments
19.8
65
30.5
100
603.9
6,500
Rowhouse dwelling unit:
- interior unit
- end unit
6.1
10.1
20
33
30.5
30.5
100
100
185.8
306.6
2,000
3,300
All other dwellings and uses
(including boarding houses, child
care services, group homes, public
and institutional uses, public park
or recreational uses, public utilities
and senior citizen housing)
Width, length and area as required by the MDA subject
to the requirements of this bylaw.
5.2 Proposed Lots
The minimum lot width and area of all proposed lots shall be in accordance with 5.1
above, subject to the following requirements:
(a) a proposed interior lot for a conventional single-detached residence shall be not
less than 18.3 m (60 ft.) in width and a proposed corner lot for this use shall be at
least 19.8 m (65 ft.) in width;
(b) the minimum lot length of all proposed lots shall be at least 36.6 m (120 ft.) and the
MDA may require longer lots where the proposed use is a residential use
containing 6 or more dwelling units or a non-residential use.
6.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
6.1 Interior Lots
All principal buildings and uses on an interior lot shall be setback in accordance with the
following:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Single-family dwellings, double-wide
mobile homes, duplexes, group
homes, semi-detached dwellings
6.1
20
1.5
5
7.6
25
Child care services:
- two storeys or less in height
- more than two storeys in height
Same as conventional single-detached residence
but the MDA may increase the rear yard
requirement.
Village of Cowley Land Use Bylaw No. 352
Page 29
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Single-wide mobile homes
6.1
20
See Schedule
5, Part 5.3.
7.6
25
Public park or recreational uses,
public and institutional uses, and
public utilities
As required by the MDA.
Other dwellings and uses (including
apartment dwellings, boarding houses,
group homes, senior citizen housing and
rowhouse dwellings):
- two storeys or less in height
- more than two storeys in height
6.1
9.1
20
30
3.0
3.0
10
10
7.6
7.6
25
25
6.2 Corner Lots
(a) Setbacks for all principal buildings shall be the same as 6.1 above except that the
setback from the secondary front property may be reduced by one-half, subject to
6.2(b) below where the principal building faces the principal front property
boundary in the opinion of the MDA or the development officer.
(b) A setback from a secondary front property boundary may be reduced by one-half
in accordance with 6.2(a) if:
(i)
the principal building is a single-detached residence of any height;
(ii) the principal building is a single-wide or a double-wide mobile home and the
setbacks are in accordance with section 6 in Schedule 5, Part 5.3; and
(iii) the principal building is any other principal building which does not exceed 1½
storeys in height.
6.3 Prevailing Setbacks
In the case of a development application for a single-family dwelling, the MDA or the
development officer may require a greater or lesser setback than the 6.1 m (20 ft.) front
property boundary setback prescribed in 6.1 above, where existing development on
adjoining lots in a well-established area has, in the opinion of the MDA or the
development officer, established a predominant and prevailing setback that differs from
the stated setback.
6.4 Encroachments into Yards or Setbacks
(a) Where the MDA considers it reasonable and appropriate to do so, the MDA may
allow portions of, or attachments to a principal building to encroach into a yard as
established in 6.1 or 6.2 above, but the type and magnitude of the encroachment
shall be in accordance with the following, subject to 6.4(b) below:
(i)
an eave, chimney, cornice or sill may encroach 0.5 m (1.6 ft.) into a sideyard;
and
(ii) an enclosed or unenclosed verandah, porch or balcony, or a chimney may
project not more than 1.5 m (5 ft.) into a principal front yard or a rear yard.
(b) Where the MDA, on a corner lot, has allowed the setback from the secondary front
property boundary to be reduced by one-half in accordance with 6.2 above, the
MDA shall discourage further encroachments into the secondary front yard.
Page 30
Village of Cowley Land Use Bylaw No. 352
6.5 Environmental Setbacks and Separation Distances - See Schedule 5, Part 5.1.
7.
MINIMUM SETBACK REQUIREMENTS - Other Buildings
7.1 Accessory Buildings
Detached accessory residential buildings and detached accessory buildings:
(a) shall maintain the same setbacks as the principal building from a principal or a
secondary front property boundary; and
(b) shall maintain a minimum 1.5 m (5 ft.) setback from a side or a rear property
boundary.
7.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
8.
MAXIMUM LOT COVERAGE
In the case of a single-family dwelling, the percentage of a lot that is occupied by buildings
shall not exceed the following:
Principal building - 45 percent
Accessory buildings and accessory residential buildings - 10 percent
Principal building, accessory buildings and accessory residential buildings - 55 percent
9.
MAXIMUM DENSITY
9.1 Apartment Dwellings
Unless otherwise required by the MDA, all apartment dwellings:
(a) shall provide at least 130.1 m2 (1400 sq. ft.) of site area for each dwelling unit;
(b) shall not exceed 75 dwelling units per hectare (30 dwelling units per acre); and
(c) shall not exceed 150 people per hectare (60 people per acre) calculated in
accordance with section 9.4 below.
9.2 Rowhouse Dwellings
Unless otherwise required by the MDA, all rowhouse dwellings:
(a) shall provide an average of 269.4 m2 (2900 sq. ft.) of site area for each dwelling
unit;
(b) shall not exceed 37 dwelling units per hectare (15 dwelling units per acre); and
(c) shall not exceed 125 persons per hectare (50 people per acre) calculated in
accordance with section 9.4 below.
9.3 Senior Citizen Housing
The density of all senior citizen housing, shall be to the satisfaction of the MDA.
9.4 Residential Density Calculations
(a) The maximum density of residential development expressed in people per hectare
shall be calculated in accordance with 9.4(b) and 9.4(c) below.
Village of Cowley Land Use Bylaw No. 352
Page 31
(b) All rowhouses containing 6 or fewer dwelling units shall be calculated in
accordance with the following:
(i)
one bedroom dwelling units:
1.8 people per dwelling unit
(ii) two bedroom dwelling units:
2.4 people per dwelling unit
(iii) three bedroom dwelling units: 3.6 people per dwelling unit
(iv) four bedroom dwelling units:
4.5 people per dwelling unit
(c) All apartment dwellings and rowhouses containing more than 6 dwelling units shall
be calculated in accordance with the following:
(i)
bachelor dwelling units:
1.0 people per dwelling unit
(ii) one bedroom dwelling units:
1.3 people per dwelling unit
(iii) two bedroom dwelling units:
1.9 people per dwelling unit
(iv) three bedroom dwelling units: 2.8 people per dwelling unit
10. MINIMUM FLOOR AREA
Unless otherwise allowed by the MDA, the first storey minimum gross floor area of all
principal buildings shall be in accordance with the following:
Use
Minimum Area
Single-family dwellings
74.3 m2 (800 sq. ft.)
Single-wide mobile homes
60.4 m2 (650 sq. ft.)
All other buildings and uses
As required by the MDA.
11. MAXIMUM BUILDING HEIGHT
11.1 Principal Buildings
The maximum height of all principal buildings shall be in accordance with the
following:
Use
Maximum Height
Single-family dwellings
2½ storeys or 9.1 m (30 ft.)
Apartment dwellings
3 storeys or 10.1 m (33 ft.)
All other buildings and uses
2½ storeys or 9.1 m (30 ft.)
unless otherwise required by the MDA.
11.2 Accessory Residential Buildings and Accessory Buildings
Accessory residential buildings and accessory buildings shall not exceed 4.6 m (15 ft.)
in height.
11.3 Fences and Gates
(a) Unless otherwise required by the MDA, but subject to 11.3(b) below, fences and
gates in:
(i) a principal front yard shall not exceed 0.9 m (3 ft.) in height on an interior or
corner lot;
(ii) a secondary front yard shall not exceed 1.8 m (6 ft.) in height on a corner lot;
and
(iii) a side or rear yard shall not exceed 1.8 m (6 ft.) in height.
Page 32
Village of Cowley Land Use Bylaw No. 352
(b) Notwithstanding any provision of this bylaw or the schedules thereto, on a corner
lot where two front property boundaries and two public roadways, other than a
lane intersect, no fence or gate exceeding 0.9 m (3 ft.) in height shall be
constructed if it lies within the shaded area shown in Figure 2.1.
Figure 2.1
11.4 Vegetation - Corner Lots
On a corner lot where two front boundaries and two public roadways other than a lane
intersect, no hedge, shrub, tree or other vegetation shall be placed, planted or allowed
to grow within the shaded area shown in Figure 2.1, if in the opinion of the MDA or the
development officer, the vegetation obstructs vision from a public roadway through the
shaded area from a height of 0.9 m (3 ft.) to 1.5 m (5 ft.), measured from the elevation
of the centre line of either public roadway.
12. REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA and the
development officer shall ensure:
(i)
that refuse container enclosures to screen refuse and refuse containers are
provided for each principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA or the development officer.
13. LANDSCAPING AND SCREENING - See Schedule 6.
14. ACCESS AND OFF-STREET PARKING AND LOADING - See Schedule 7.
15. SECURITIES - See Schedule 8.
16. HOME OCCUPATIONS - See Schedule 9.
Village of Cowley Land Use Bylaw No. 352
Page 33
MOBILE HOME RESIDENTIAL - R2
1.
INTENT
The intent of the Mobile Home Residential (R2) district is to facilitate either:
(a) the development of serviced mobile home parks in accordance with an approved
detailed design plan, where each mobile home site is not subdivided into a separately
titled lot; or
(b) the development of serviced mobile home subdivisions where each mobile home is
situated on its own separately titled lot.
2.
USES
2.1 Permitted Uses
Accessory residential buildings
Accessory structures
Double-wide mobile homes
Single-wide mobile homes
2.2 Discretionary Uses
Accessory buildings and uses
Child care services
Home occupations
Public and institutional uses
Public park or recreation uses
Public utilities
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General - See Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Mobile Homes - See Schedule 5, Part 5.3.
5.
MINIMUM LOT OR SITE SIZE
The following minimum lot or site sizes shall apply to each lot or site intended to be occupied
by one mobile home or any other principal building:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Single-wide and double-wide
mobile homes
15.2
50
36.6
120
557.4
6,000
Other uses
As required by the MDA.
Page 34
Village of Cowley Land Use Bylaw No. 352
6.
MINIMUM LOT OR SITE SIZE WAIVER
The minimum lot or site width for a single-wide mobile home may be reduced at the
discretion of the MDA to not less than 12.2 m (40 ft.) provided that:
(a) each corner lot in a mobile home subdivision or park will remain at least 15.2 m (50 ft.)
in width; and
(b) at least one-half of the lots in a mobile home park or subdivision shall be not less than
15.2 m (50 ft.) in width.
7.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
7.1 Mobile Homes
A mobile home shall be setback from a property boundary in accordance with Schedule
5, Part 5.3, unless a detailed design plan establishes differing setbacks, in which case
the setback established by that plan shall govern.
7.2 Other Principal Buildings and Uses
Principal buildings and uses other than a mobile home shall be setback from a property
boundary to the satisfaction of the MDA, but where a detailed design plan establishes
setbacks for these buildings and uses, the setbacks in the detailed design plan shall
govern.
8.
MINIMUM SETBACK REQUIREMENTS - Other Buildings
8.1 Accessory Buildings
Accessory residential buildings and accessory buildings shall maintain the same
setbacks as the principal building except that the setback from a rear property boundary
shall be 1.5 m (5 ft.).
8.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
9.
MINIMUM FLOOR AREA - See Schedule 5, Part 5.3.
10. MAXIMUM BUILDING HEIGHT
10.1 Principal Buildings
(a) The maximum height of all mobile homes shall be 1 storey and a mobile home
shall not be located more than 0.9 m (3 ft.) above grade.
(b) The maximum building height for principal buildings other than a mobile home
shall be as required by the MDA.
10.2 Accessory Residential Buildings and Accessory Buildings
The maximum building height of accessory residential buildings and accessory
buildings shall be 4.6 m (15 ft.) or as allowed by the MDA.
Village of Cowley Land Use Bylaw No. 352
Page 35
10.3 Fences and Gates
(a) Unless otherwise required by the MDA, but subject to 10.3(b) below, fences,
walls or gates in:
(i)
a principal front yard shall not exceed 0.9 m (3 ft.) in height on an interior or
corner lot or site;
(ii) a secondary front yard shall not exceed 1.8 m (6 ft.) in height on a corner lot
or site; and
(iii) a side yard or rear yard shall not exceed 1.8 m (6 ft.) in height.
(b) Notwithstanding any provision of this bylaw or the schedules thereto, on a corner
lot or site where two front property boundaries and two roadways (other than a
lane for rear access) intersect, no fence or gate exceeding 0.9 m (3 ft.) in height
shall be constructed if it lies within the shaded area shown in Figure 2.2.
Figure 2.2
10.4 Vegetation - Corner Lots
On a corner lot where two front boundaries and two public roadways other than a lane
intersect, no hedge, shrub, tree or other vegetation shall be placed, planted or allowed
to grow within the shaded area shown in Figure 2.2, if in the opinion of the MDA or the
development officer, the vegetation obstructs vision from a public roadway through the
shaded area from a height of 0.9 m (3 ft.) to 1.5 m (5 ft.), measured from the elevation
of the centre line of either public roadway.
11. MAXIMUM LOT COVERAGE
Unless otherwise required by the MDA, the percentage of a lot that may be covered by
principal and/or accessory buildings shall not exceed the following:
Principal building - 35 percent
Accessory building - 10 percent
Principal and accessory buildings - 45 percent
Page 36
Village of Cowley Land Use Bylaw No. 352
12. LANDSCAPING AND SCREENING
12.1 General - See Schedule 6.
12.2 Perimeter Fencing
Unless otherwise required by the MDA, the perimeter of a mobile home park or
subdivision shall be fenced to the satisfaction of the MDA.
13. REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably sized containers until such time as
collection or disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA may require:
(i)
that refuse container enclosures to screen refuse and refuse containers are
provided for each principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA.
14. ACCESS AND OFF-STREET PARKING AND LOADING
14.1 General - See Schedule 7.
14.2 Access Right-of-Way Width
(a) All public roadways or residential streets, other than lanes, in a mobile home
subdivision shall be at least 18.3 m (60 ft.) in width.
(b) All residential streets, excluding lanes, in a mobile home park shall be at least
18 m in width with a carriageway of at least 8.5 m (28 ft.) to facilitate proper
servicing, principal building setbacks and future subdivision if desired.
(c) A rear-access laneway in either a mobile home subdivision or park shall be not
less than 7.6 m (25 ft.) in width.
15. SECURITIES - See Schedule 8.
16. HOME OCCUPATIONS - See Schedule 9.
Village of Cowley Land Use Bylaw No. 352
Page 37
DOWNTOWN / RETAIL COMMERCIAL - C1
1.
INTENT
The intent of the Downtown / Retail Commercial (C1) district is:
(a) to facilitate, in an orderly manner, the development or location of downtown commercial
uses including financial institutions, offices, personal service uses, restaurants and
retail stores; and
(b) to allow, where appropriate, the development or location of other selected uses.
2.
USES
2.1 Permitted Uses
Accessory structures
Offices
Personal service uses
Restaurants
Retail stores
Signs
2.2 Discretionary Uses
Accessory buildings and uses
Amusement facilities
Animal care services, small
Apartment dwellings
Child care services
Club and fraternal organizations
Dwelling units as a secondary use to a permitted or discretionary principal use
Existing automotive repair and service
Home occupations
Medical and dental offices
Parking facilities
Public and institutional uses
Public park or recreation uses
Public utilities
Recycling facilities
Service stations
Signs
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General - See Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
Page 38
Village of Cowley Land Use Bylaw No. 352
4.3 Apartment Dwellings
Apartment dwellings shall comply with the maximum density restrictions established in
the R1 district, unless otherwise allowed by the MDA.
4.4 Dwelling Units as a Secondary Use
Dwelling units may be approved as a secondary use to a permitted or discretionary use
provided that:
(a) the units are wholly contained within the principal commercial building, unless
otherwise allowed by the MDA;
(b) the units, unless otherwise allowed by the MDA, are wholly contained in the
second or upper storey; and
(c) the main floor commercial frontage is utilized for commercial use.
4.5 Signs - See Schedule 5, Part 5.6.
5.
MINIMUM LOT SIZE
The following minimum lot size and dimensions apply to all lots in this district:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Public and institutional uses, public
park or recreation uses, public
utilities
Width, length and area as required by the MDA.
Service stations
30.5
100
36.6
120
1114.8
12,000
All other uses
15.2
50
36.6
120
557.4
6,000
6.
MINIMUM SETBACK REQUIREMENT - Principal Building
6.1 General
(a) Subject to 6.1(b) below, a principal building on a lot served by a lane shall be
setback in accordance with the following:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Automotive repair and service
Service station
15.2
50
3.0
10
3.0
10
All other uses
No requirement for front yard or
side yard
7.6
25
(b) The 7.6 m (25 ft.) rear yard requirement in section 6.1(a) may be reduced or
eliminated if the principal building provides adequate parking and loading spaces
in accordance with Schedule 7.
6.2 Environmental Setbacks and Separation Distances - See Schedule 5, Part 5.1.
Village of Cowley Land Use Bylaw No. 352
Page 39
7.
MINIMUM SETBACK REQUIREMENTS - Other Buildings
7.1 Accessory Buildings
Setbacks from property boundaries for accessory buildings shall be as required by the
MDA.
7.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
8.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 2½ storeys
Accessory buildings - 4.6 m (15 ft.)
Fences and gates
- 1.8 m (6 ft.) or as required by the MDA in a rear yard
- as required by the MDA in a front or side yard
9.
REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) The MDA may require:
(i)
that refuse container enclosures to screen refuse containers are provided for each
principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA.
10. LANDSCAPING AND SCREENING - See Schedule 6.
11. ACCESS AND OFF-STREET PARKING AND LOADING - See Schedule 7.
12. SECURITIES - See Schedule 8.
Village of Cowley Land Use Bylaw No. 352
Page 41
HIGHWAY AND GENERAL COMMERCIAL - C2
1.
INTENT
The intent of the Highway and General Commercial (C2) district is to:
(a) facilitate and encourage the development of those highway or auto-oriented uses which
provide necessary services to the motoring public;
(b) facilitate, where appropriate, the development of those highway-oriented uses which
provide services to commercial traffic;
(c) facilitate, where appropriate, automotive or auto-oriented uses which require or may
benefit from highway exposure;
(d) provide convenient highway proximate locations for the above uses; and
(e) allow other non-highway commercial uses, where appropriate, if other more suitable
lands are not reasonably available.
2.
USES
2.1 Permitted Uses
Accessory Structures
Drive-in restaurants
Hotels
Motels
Restaurants
Service stations
Signs
Vehicle sales and rental uses
2.2 Discretionary Uses
Accessory buildings and uses
Animal care services, small
Auction mart
Automotive repair and service
Bulk fuel stations
Construction supply and contractors
Dwelling unit as a secondary use to a permitted or discretionary principal use
Equipment sales, rental and service
Farm / industrial machinery sales, rental and service
Farm supplies and service
Light industrial/manufacturing
Medical and dental offices
Mobile home sales and service
Offices
Personal service uses
Public Utilities
Recycling facilities
Retail stores
Retail warehousing
Signs
Truck stops
Warehousing
Page 42
Village of Cowley Land Use Bylaw No. 352
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General - See Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Dwelling Units as a Secondary Use
Dwelling units may be approved as a secondary use to a permitted or discretionary use
provided that:
(a) the units are wholly contained within the principal commercial building, unless
allowed by the MDA;
(b) the units, unless allowed by the MDA, are wholly contained in the second or upper
storey; and
(c) the main floor commercial frontage is utilized for commercial use.
4.4 Signs - See Schedule 5, Part 5.6.
5.
MINIMUM LOT SIZE
The following minimum lot area and dimensions shall apply to all lots in this district:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Public utilities
Width, length and area as required by the MDA.
Truck stops
100.6
330
45.7
150
4598.6
49,500
All other uses
30.5
100
45.7
150
1393.5
15,000
6.
MINIMUM SETBACK REQUIREMENT - Principal Building
6.1 General Requirement
Subject to the parking and loading requirements in Schedule 7, and subject to sections
6.2, 6.3, 6.4, 6.5 and 6.6 below, a principal building shall maintain the following
minimum setbacks:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Automotive repair and service
Service station
15.2
50
3.0
10
3.0
10
Truck stops
19.8
65
3.0
10
3.0
10
All other uses
9.1
30
3.0
10
3.0
10
6.2 Access to Rear Yard
Where a lot is not serviced by a lane so that direct legal access to the rear yard is not
possible, an on-site laneway of not less than 7.6 m (25 ft.) in width shall be provided, to
ensure access to the rear yard, unless otherwise allowed by the MDA.
Village of Cowley Land Use Bylaw No. 352
Page 43
6.3 Vehicle-Oriented Uses
The MDA or the development officer may require:
(a) a 30.5 m (100 ft.) long queing aisle for drive-in restaurants;
(b) a 12.2 m (40 ft.) long queing aisle for each pump lane or service bay associated
with a service station or an automotive repair and service use; and
(c) a 35.1 m (115 ft.) queing aisle for each pump or service bay associated with a truck
stop.
6.4 Corner Lots
The 9.1 m (30 ft.) setback referred to in section 6.1 shall be maintained from the
principal front property boundary, but the MDA may reduce the setback to 6.1 m (20 ft.)
in the case of a secondary front property boundary.
6.5 Commercial Lots Adjacent to Residential Districts
Where a lot in this district adjoins a lot in a residential district with or without an
intervening lane, the principal building shall be located at least 4.6 m (15 ft.) from the
laneway or the residential lot, whichever distance is greater, unless otherwise required
by the MDA.
6.6 Environmental Setbacks and Separation Distances - See Schedule 5, Part 5.1.
7.
MINIMUM SETBACK REQUIREMENTS - OTHER BUILDINGS
7.1 Accessory Buildings
An accessory building shall maintain the same setbacks from a property boundary as
the principal building, unless otherwise allowed by the MDA.
7.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
8.
MAXIMUM BUILDING HEIGHT
8.1 Principal Buildings
The maximum height of all principal buildings shall be 3½ storeys unless otherwise
required by the MDA.
8.2 Accessory Buildings
Accessory buildings shall not exceed 4.6 m (15 ft.) in height.
8.3 Fences and Gates
(a) Unless otherwise required by the MDA, but subject to 8.3 (b) below, fences and
gates in:
(i)
a principal front yard shall not exceed 0.9 m (3 ft.) in height or an interior or
corner lot;
(ii) a secondary front yard shall not exceed 1.8 m (6 ft.) in height on a corner lot;
(iii) a side or rear yard shall not exceed 1.8 m (6 ft.) in height.
Page 44
Village of Cowley Land Use Bylaw No. 352
(b) Notwithstanding any provision of this bylaw or the schedules thereto, on a corner
lot where two front property boundaries and two public roadways, other than a lane
intersect, no fence or gate exceeding 1.8 m (6 ft.) in height shall be constructed if it
lies within the shaded area shown in Figure 2.3.
Figure 2.3
8.4 Vegetation - Corner Lots
On a corner lot where two front boundaries and two public roadways other than a lane
intersect, no hedge, shrub, tree or other vegetation shall be placed, planted or allowed
to grow within the shaded area shown in Figure 2.3, if in the opinion of the MDA or the
development officer, the vegetation obstructs vision from a public roadway through the
shaded area from a height of 0.9 m (3 ft.) to 1.5 m (5 ft.), measured from the elevation of
the centre line of either public boundary.
9.
LANDSCAPING AND SCREENING
9.1 General - See Schedule 6.
9.2 Minimum Landscaping
(a) At least 10 percent of a lot within this district shall be landscaped to the satisfaction
of the MDA, and a portion of this landscaping shall be provided in the form of a
landscaped strip not less than 3.0 m (10 ft.) in width which abuts the front property
boundary of an interior lot or both front property boundaries of a corner lot.
(b) The 3.0 m (10 ft.) strip referred to in 9.2 (a) above shall not be used to park, store
or display any materials, vehicles, goods or equipment but:
(i)
a sign may be located on the strip subject to Schedule 5, Part 5.6; and
(ii) one or more access driveways may traverse the strip provided that the
number and location of access driveways is to the satisfaction of the MDA.
9.3 Screening Adjacent to Residential Districts
Any side or rear yard areas that abut a residential district with or without an intervening
lane shall be screened to a minimum height of 1.8 m (6 ft.) by fences or landscaping to
the satisfaction of the MDA.
Village of Cowley Land Use Bylaw No. 352
Page 45
10. REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably sized containers until such time as
collection and disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA and the
development officer shall ensure:
(i)
that refuse container enclosures to screen refuse containers are provided for each
principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA or the development officer.
11. ACCESS AND OFF-STREET PARKING AND LOADING
11.1 General - See Schedule 7.
11.2 Parking Location
No off-street parking space shall be located:
(a) within 6.1 m (20 ft.) of a principal front yard boundary, in that portion of the
principal front yard which lies between the front wall of the principal building and
the property boundary; and
(b) within 3.0 m (10 ft.) of a secondary front yard property boundary, in that portion of
the secondary front yard which lies between the wall of the principal building and
the secondary front property boundary.
11.3 Surfacing of Parking Areas
(a) Unless otherwise allowed by the MDA, all parking areas, including parking stalls
and attendant circulation aisles within a principal or secondary front yard shall be
paved or otherwise hard-surfaced to the satisfaction of the MDA.
(b) The MDA may require, as a condition of issuing a development permit, that all
parking areas, including parking stalls and attendant circulation aisles shall be
paved or otherwise hard-surfaced to its satisfaction.
11.4 Surfacing of Access Driveways
Unless otherwise allowed by the MDA, all access and exit driveways to a public
roadway shall be paved or otherwise hard surfaced to the satisfaction of the MDA.
12. SECURITIES - See Schedule 8.
Village of Cowley Land Use Bylaw No. 352
Page 47
GENERAL INDUSTRIAL AND WAREHOUSING - I
1.
INTENT
The intent of the General Industrial and Warehousing (I) district is to:
(a) accommodate a wide range of predominantly light industrial and warehousing uses;
(b) accommodate selected commercial uses; and
(c) accommodate where possible other industrial uses which may:
(i)
be considered noxious or hazardous since they involve operations, processes or
substances which require safety or other precautions;
(ii) require special precautions and/or siting to minimize land use conflicts;
(iii) require exceptionally large lots; or
(iv) require careful consideration because they require services beyond those which
are readily available.
2.
USES
2.1 Permitted Uses
Automotive repair and service
Farm/industrial machinery sales, rental and service
Signs
Vehicle sales and rental uses
Warehousing
2.2 Discretionary Uses
Accessory buildings and uses
Amusement facilities
Animal care service, large and small
Auction marts
Autobody and/or paint shops
Bulk fuel stations
Construction supply and contractors
Equipment sales, rental and service
Farm supplies and service
Garden centres
Intensive horticultural operations or facilities
Light industrial/manufacturing
Mobile home sales and service
Natural resource extractive uses
Noxious or hazardous industries
Outside Storage
Public and institutional uses
Public utilities
Recycling facilities
Salvage or waste disposal facilities
Service stations
Signs
Truck stops
Warehousing
Wind energy conversion systems (WECS)
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Village of Cowley Land Use Bylaw No. 352
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General
(a) See Schedule 5, Part 5.1.
(b) The MDA or the development officer may require that industrial lots which face or
adjoin:
(i)
a service roadway;
(ii) a major collector or arterial roadway; or
(iii) a residential, commercial, public and institutional or open space district, with
or without an intervening roadway or lane;
shall be developed either with permitted uses or discretionary uses which are
building intensive in the opinion of the MDA or the development officer, to provide
an attractive perimeter to the industrial area. Non-perimeter lots, or those which
face other industrial development shall, where required by the MDA or the
development officer, be developed with land intensive uses, namely those uses
involving extensive storage with relatively small buildings.
(c) The MDA and the development officer shall ensure that industrial lots which face
or adjoin:
(i)
a service roadway;
(ii) a major collector or arterial roadway; or
(iii) a residential, commercial, public and institutional or open space district with or
without an intervening roadway or lane;
are as attractive as possible and that such lots are developed with those uses that
are least likely to have a detrimental impact on adjoining development.
Conversely, non-perimeter lots or those facing other industrial development shall
be developed for those uses which are less attractive and more likely to have a
detrimental impact on adjoining development.
(d) A use which may have a noxious or hazardous impact on adjoining or nearby
uses, or a use which may pose an appearance problem, shall not be approved
unless the use is located and/or developed so that the noxious, hazardous or
unsightly impact is minimized or eliminated to the satisfaction of the MDA or the
development officer. Without limiting the uses which may have a noxious,
hazardous or unsightly impact on nearby or adjoining development, the following
uses may have one or more of these impacts: animal care services, large; auction
marts; autobody and/or paint shops; bulk fuel station; construction supply and
contractors; exterior storage uses; farm supplies and service; natural resource
extractive industries; public utilities; and salvage or waste disposal facilities.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Natural Resource Extractive Uses - See Schedule 5, Part 5.4.
4.4 Noxious or Hazardous Industries - See Schedule 5, Part 5.5.
Village of Cowley Land Use Bylaw No. 352
Page 49
4.5 Signs - See Schedule 5, Part 5.6.
4.6 Wind Energy Conversion Systems - See Schedule 5, Part 5.7.
5.
MINIMUM LOT SIZE
5.1 Serviced Lots
The following minimum lot area and dimensions apply to lots that are serviced with a
municipal water and a municipal sewage system:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Public utilities
Width, length and area as required by the MDA.
Truck stops
100.6
330
45.7
150
4598.6
49,500
All other uses
30.5
100
45.7
150
1393.5
15,000
5.2 Unserviced Lots
The following minimum lot area and dimensions apply to lots that will not be serviced
with the municipal water supply and a municipal sewage system:
(a) all lots for all uses, except Public utilities and truck stops shall be at least
1858.0 m2 (20,000 sq. ft.) with a minimum width of 30.5 m (100 ft.) and a minimum
length of 45.7 m (150 ft.);
(b) lots for public utilities and truck stops shall be in accordance with section 5.1
above.
6.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
6.1 General Requirements
Subject to 6.2, 6.3 and 6.4 below, a principal building in this district shall be setback:
(a) at least 6.1 m (20 ft.), or such greater distance as the development officer or the
MDA considers reasonable and appropriate, from a principal or a secondary front
property boundary;
(b) at least 3.0 m (10 ft.) or such greater distance as the development officer or the
MDA considers reasonable and appropriate from a side property boundary; and
(c) such distance from a rear property boundary as the MDA may require subject to
the parking and loading area requirements in Schedule 7.
6.2 Access to Rear Yard
Unless otherwise required by the MDA, an on-site laneway not less than 7.6 m (25 ft.) in
width shall be provided to ensure access to the rear yard, where a lot is not serviced by
a lane so that direct legal access to the rear yard of the lot is not possible.
6.3 Vehicle-Oriented Uses
The MDA may require at least 2 vehicle-queing spaces for each pump lane or service
bay associated with an automotive repair or service use, a bulk fuel station, a fleet and
transportation service, major or minor, a service station or a truck stop.
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Village of Cowley Land Use Bylaw No. 352
6.4 Environmental Setbacks and Separation Distances - See Schedule 5, Part 5.1.
7.
MINIMUM SETBACK REQUIREMENTS - Other Buildings
7.1 Accessory Buildings
An accessory building shall maintain the same setbacks from a property boundary as
the principal building, unless otherwise required by the MDA.
7.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
7.3 Wind Energy Conversion Systems - See Schedule 5, Part 5.7.
8.
MAXIMUM BUILDING HEIGHT
8.1 Principal and Accessory Buildings
The maximum height of all principal and accessory buildings shall be as required by the
MDA or the development officer.
8.2 Fences and Gates
(a) Fences and gates shall be:
(i)
not more than 2.4 m (8 ft.) in height or less than 1.8 m (6 ft.) in height from
grade in a front yard where outdoor storage of goods, materials or equipment
is approved for the front yard area or portion thereof;
(ii) not more than 1.2 m (4 ft.) in height from grade in the front yard where outdoor
storage is not approved for the front yard area or portions thereof; and
(iii) not more than 2.4 m (8 ft.) in height nor less than 1.8 m (6 ft.) in height in the
side or rear yard.
(b) Notwithstanding any provision of this bylaw or the schedules thereto, on a corner
lot where two front property boundaries and two public roadways, other than a lane
intersect, no fence or gate exceeding 0.9 m (3 ft.) in height shall be constructed if it
lies within the shaded area shown in Figure 2.4 unless otherwise required by the
MDA.
Figure 2.4
Village of Cowley Land Use Bylaw No. 352
Page 51
8.3 Vegetation - Corner Lots
On a corner lot where two front boundaries and two public roadways other than a lane
intersect, no hedge, shrub, tree or other vegetation shall be placed, planted or allowed
to grow within a shaded area shown in Figure 2.4 if, in the opinion of the MDA or the
development officer, the vegetation obstructs vision from a public roadway through the
shaded area from a height of 0.9 m (3 ft.) to 1.5 m (5 ft.), measured from the elevation of
the centre line of either public roadway.
9.
LANDSCAPING AND SCREENING
9.1 General - See Schedule 6.
9.2 Front Yard Landscaping
(a) A landscaped strip not less than 3.0 m (10 ft.) in depth shall be provided adjacent to
a principal or a secondary front property boundary, if that boundary abuts:
(i)
a service roadway;
(ii) an arterial or major collector roadway;
(iii) a residential, commercial and institutional or open space land use district.
(b) A landscaped strip not less than 3.0 m (10 ft.) in depth or width shall also be
provided along the alternate front property boundary, where the principal or
secondary front yards of a corner lot are required to be landscaped in accordance
with 9.2 (a) above.
(c) As an alternative to providing the landscaped strip referred to above, where the
principal or secondary front property boundary of an industrial lot abuts any of the
locations described in 9.2 (a)(i), (ii) or (iii) the MDA or the development officer may
require that:
(i)
at least 5 percent of the area of the industrial lot shall be landscaped; and
(ii) such landscaping shall be located in the front yard.
9.3 Outdoor Storage and Display
(a) The outdoor display of goods, materials and equipment solely for advertising
purposes in a front yard may be allowed by the MDA, provided that such display is
not located on a landscaped area that has been provided in accordance with
section 9.2 above.
(b) Goods, materials and equipment shall not be stored in a front yard unless:
(i)
the MDA has given express permission to allow such storage; and
(ii) the goods, materials or equipment are screened from public view to a
minimum height of 1.8 m (6 ft.) by fences or landscaping.
9.4 Side and Rear Yard Screening
Unless otherwise required by the MDA where the side and/or rear property boundaries
of an industrial lot adjoins, with or without an intervening lane:
(a) a residential or commercial lot; or
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Village of Cowley Land Use Bylaw No. 352
(b) lands that will likely be developed for residential or commercial purposes in the
opinion of the MDA;
then the side and/or rear yards of that industrial lot shall be screened to a minimum
height of 1.8 m (6 ft.) by fences or landscaping.
10. REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA and the
development officer shall ensure:
(i)
that refuse container enclosures to screen refuse and refuse containers are
provided for each principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA or the development officer.
11. ACCESS AND OFF-STREET PARKING AND LOADING
11.1 General - See Schedule 7.
11.2 Location of Loading Spaces
Unless otherwise expressly allowed by the MDA, a loading space shall not face or
adjoin a front property boundary or a front yard, if that yard or boundary abuts:
(a) a service roadway;
(b) an arterial or a major collector roadway;
(c) a residential, commercial, public and institutional or open space land use district,
with or without an intervening roadway or lane.
11.3 Surfacing of Access Driveways
Where an access driveway abuts any of the roadways or locations described in
11.2(a), (b) or (c) above, the MDA may require that the access driveway is paved or
otherwise hard surfaced to its satisfaction.
12. SECURITIES - See Schedule 8.
Village of Cowley Land Use Bylaw No. 352
Page 53
PARKS AND OPEN SPACE - POS
1.
INTENT
The intent of the Parks and Open Space (P0S) district is to:
(a) identify public parks and recreation areas and facilitate their development;
(b) identify lands dedicated as Environmental and Municipal and/or School Reserve under
the Act and lands dedicated as Community Reserve under the previous Act; and
(c) provide a means whereby buffer strips and public open space may be readily identified.
2.
USES
2.1 Reserve Land
Notwithstanding the permitted and discretionary uses listed below, lands dedicated as
Environmental or Municipal and/or School Reserve pursuant to the Act, or Community
Reserve pursuant to the previous Act, shall be used and administered in accordance
with the Act.
2.2 Permitted Uses
Accessory structures
Public park and recreation uses
2.3 Discretionary Uses
Accessory buildings and uses
Club and fraternal organizations
Commercial/private recreation uses
Public and institutional uses
Public utilities
Signs
Wind energy conversion systems
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit as identified in Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General - See Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Signs - See Schedule 5, Part 5.6.
4.4 Wind Energy Conversion Systems - See Schedule 5, Part 5.7.
5.
MINIMUM LOT SIZE
The minimum lot size and dimensions shall be as required by the MDA.
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Village of Cowley Land Use Bylaw No. 352
6.
MINIMUM SETBACK REQUIREMENTS - Principal buildings
6.1 General
A principal building in this district shall be setback at least 9.1 m (30 ft.) from a principal
and a secondary front property boundary. Setbacks from a side and rear property
boundary shall be as required by the MDA.
6.2 Environmental Setbacks and Separation Distances - See Schedule 5, Part 5.1.
7.
MINIMUM SETBACK REQUIREMENTS - Other buildings
7.1 Accessory Buildings
An accessory building shall maintain the same setbacks from a property boundary as
the principal building.
7.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
7.3 Wind Energy Conversion Systems - See Schedule 5, Part 5.7.
8.
MAXIMUM BUILDING HEIGHT
8.1 Principal Buildings
The maximum height of all principal buildings shall be as required by the MDA.
8.2 Accessory Buildings
The maximum height of all accessory buildings shall be 4.6 m (15 ft.), or as required by
the MDA.
8.3 Fences and Gates
The maximum height of fences and gates shall be 2.4 m (8 ft.) or as required by the
MDA, but on a corner lot where two front property boundaries and two public roadways
other than a lane intersect, the MDA may limit the height of any fence or gate to a
maximum of 0.9 m (3 ft.) in height if it lies within the shaded area shown in Figure 2.5
below.
Figure 2.5
Village of Cowley Land Use Bylaw No. 352
Page 55
8.4 Vegetation - Corner Lots
On a corner lot where two front boundaries and two public roadways other than a lane
intersect, no hedge, shrub, tree or other vegetation shall be placed, planted or allowed
to grow within the shaded area shown in Figure 2.5, if in the opinion of the MDA or the
development officer, the vegetation obstructs vision from a public roadway through the
shaded area from a height of 0.9 m (3 ft.) to 1.5 m (5 ft.), measured from the elevation of
the centre line of either public roadway.
9.
MAXIMUM LOT COVERAGE
The maximum percentage of all lots that may be covered by principal and accessory
buildings shall not exceed 50 percent, unless otherwise allowed by the MDA.
10. REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA may require:
(i)
that refuse container enclosures to screen refuse and refuse containers are
provided for each principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA.
11. LANDSCAPING AND SCREENING - See Schedule 6.
12. ACCESS AND OFF-STREET PARKING AND LOADING - See Schedule 7.
13. SECURITIES - See Schedule 8.
Village of Cowley Land Use Bylaw No. 352
Page 57
PUBLIC AND INSTITUTIONAL - PI
1.
INTENT
The intent of the Public and Institutional (PI) district is to:
(a) identify lands used for, or intended to be used for, public and institutional uses and
facilitate the development of these uses at suitable locations; and
(b) accommodate, where appropriate, the development of other selected uses.
2.
USES
2.1 Permitted Uses
Accessory structures
Public and institutional uses
2.2 Discretionary Uses
Accessory buildings and uses
Child care services
Clubs and fraternal organizations
Group homes
Medical and dental offices
Public park or recreation uses
Public utilities
Senior citizen housing
Signs
Wind energy conversion systems
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General - See Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Signs - See Schedule 5, Part 5.6.
4.2 Wind Energy Conversion Systems - See Schedule 5, Part 5.7.
5.
MINIMUM LOT SIZE
The minimum lot size and dimensions shall be as required by the MDA.
6.
MINIMUM SETBACK REQUIREMENTS
6.1 Principal and Accessory Buildings
The setback of a principal or an accessory building from front, side and rear property
boundaries shall be to the satisfaction of the MDA subject to 6.2 below.
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Village of Cowley Land Use Bylaw No. 352
6.2 Environmental Setback and Separation Distances - See Schedule 5, Part 5.1.
6.3 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
7.
MAXIMUM BUILDING HEIGHT
7.1 Principal Buildings
The height of all principal buildings shall be to the satisfaction of the MDA.
7.2 Accessory Buildings
The maximum height of an accessory building shall be 4.6 m (15 ft.) unless otherwise
required by the MDA.
7.3 Fences and Gates
The maximum height of fences and gates shall be as required by the MDA, but on a
corner lot where two front property boundaries and two public roadways other than a
lane intersect, the MDA may limit the height of any fence or gate to a maximum of 0.9 m
(3 ft.) in height if it lies within the shaded area shown in Figure 2.6 below.
Figure 2.6
7.4 Vegetation - Corner Lots
On a corner lot where two front boundaries and two public roadways other than a lane
intersect, the MDA or the development officer may prohibit the planting or placing of any
hedge, shrub, tree or other vegetation within the shaded area shown in Figure 2.6, if in
the opinion of the MDA or the development officer, the vegetation obstructs vision from
a public roadway through the shaded area from a height of 0.9 m (3 ft.) to 1.5 m (5 ft.),
measured from the elevation of the centreline of either public roadway.
8.
REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA and the
development officer shall ensure:
(i)
that refuse container enclosures to screen refuse and refuse containers are
provided for each principal use; and
Village of Cowley Land Use Bylaw No. 352
Page 59
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA or the development officer.
9.
LANDSCAPING AND SCREENING - See Schedule 6.
10. ACCESS AND OFF-STREET PARKING AND LOADING - See Schedule 7.
11. SECURITIES - See Schedule 8.
Village of Cowley Land Use Bylaw No. 352
Page 61
TRANSITIONAL / URBAN RESERVE - TUR
1.
INTENT
The intent of the Transitional / Urban Reserve (TUR) district is to:
(a) provide an interim land use classification for lands adjoining the built-up area of the
village, which may be subdivided and developed for urban uses in the future, but are
presently essentially agricultural or unurbanized; and
(b) prevent disorderly, incompatible or premature development and subdivision of
essentially agricultural or unurbanized lands until they are needed or suited for suitable,
economical and orderly urban development.
2.
USES
2.1 Permitted Uses
Accessory structures
Extensive agriculture
Primary farm residence
2.2 Discretionary Uses
Accessory buildings and uses
Accessory residential buildings
Conventional single-detached residences on existing lots
Farm buildings and structures
Home occupations
Mobile homes on existing lots
Public park or recreation uses
Public utilities
Second residence
Signs
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Those developments which do not require a development permit are identified in
Schedule 3.
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
4.1 General
(a) The MDA shall not approve a discretionary use in this district if, in the opinion of
the MDA:
(i)
the use is likely to become a non-conforming use on subsequent
reclassification of the lands in accordance with the municipal development
plan or, an area structure plan which affects the lands which are the subject of
the development application; and/or
(ii) approval of the discretionary use would be premature.
(b) The MDA shall ensure, to its satisfaction, that all proposed development is located
or developed so that it:
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Village of Cowley Land Use Bylaw No. 352
(i)
does not conflict with nor jeopardize the implementation of an adopted
detailed design plan, or an area structure plan, where either one or both of
these affect the lands which are the subject of a development application;
(ii) does not compromise the orderly subdivision or subsequent development of
lands;
(iii) does not, in the case of a permitted or discretionary use, substantially conflict
with the provisions of the land use district which will likely apply, in the opinion
of the MDA, on subsequent reclassification of the lands.
(c) Where a detailed design plan or an area structure plan has not been adopted for
the lands that are the subject of a development application, the MDA may require,
subject to 4.1(d) below, that:
(i)
a detailed design plan or an area structure plan or both be prepared by the
applicant and adopted by council; and
(ii) the lot or parcel which is the subject of the development application shall be
reclassified in the land use bylaw and subdivided in accordance with the
detailed design plan or the area structure plan;
before the MDA approves the development application.
(d) Before the MDA requires the preparation of a detailed design plan or an area
structure plan, in accordance with 4.1(c) above the MDA shall solicit and consider
the comments of the staff of the planning advisor.
(e) Also see Schedule 5, Part 5.1.
4.2 Accessory Structures - See Schedule 5, Part 5.2.
4.3 Mobile Homes
Schedule 5, Part 5.3, Mobile Homes does not apply in this district.
4.4 Signs - See Schedule 5, Part 5.6.
5.
MINIMUM LOT SIZE
(a) The minimum lot size for an extensive agricultural use shall be not less than 32.4 ha
(80 acres).
(b) The minimum lot size for a public park or recreation uses and public utilities shall be as
required by the MDA.
(c) The minimum lot size for all other uses shall be not less than 1,858.0 m2 (20,000 sq. ft.)
in area and 30.5 m (100 ft.) in width or such greater area and/or width as the MDA may
require having regard to setbacks and the minimum site area of the lot which is
developable.
6.
MINIMUM SETBACK REQUIREMENTS
(a) Minimum principal and accessory building setbacks shall be as required by the MDA,
subject to 6(b) below.
(b) In establishing setbacks for principal and accessory buildings the MDA shall have
regard to the following:
(i)
the setbacks which may apply, in the opinion of the MDA, on reclassification and/or
subdivision of the lot, in the future;
Village of Cowley Land Use Bylaw No. 352
Page 63
(ii) the maintenance of adequate setbacks from existing and proposed roadways,
including service roadways and lanes;
(iii) the Environmental Setbacks and Separation Distances in Schedule 5, Part 5.1;
and
(iv) such other matters as the MDA considers appropriate.
7.
MAXIMUM BUILDING HEIGHT
7.1 Principal and Accessory Buildings
(a) The maximum building height of principal buildings shall be as required by the
MDA having regard to the maximum building height which may apply, in the
opinion of the MDA, on reclassification of the lot in the future.
(b) The maximum height of all accessory buildings and accessory residential buildings
shall be 4.6 m (15 ft.) unless otherwise required by the MDA.
7.2 Fences and Gates
The maximum height of fences and gates shall be as required by the MDA.
8.
REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Refuse and refuse containers shall be effectively screened and the MDA may require:
(i)
that refuse container enclosures to screen refuse and refuse containers are
provided for each principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of the
MDA.
8.
LANDSCAPING AND SCREENING - See Schedule 6.
10. ACCESS AND OFF-STREET PARKING AND LOADING REQUIREMENTS - See Schedule 7.
11. SECURITIES - See Schedule 8.
12. HOME OCCUPATIONS - See Schedule 9.
Village of Cowley Land Use Bylaw No. 352
Page 65
DIRECT CONTROL - DC
1.
INTENT
The intent of the Direct Control (DC) district, in accordance with the Act, is to:
(a) provide a means whereby council may exercise particular control over the use and
development of land or buildings within an area of the municipality; and
(b) provide a means whereby council may regulate and control the use or development of
land or buildings in any manner it considers necessary.
2.
USES
2.1 Permitted Uses
Accessory structures
2.2 Discretionary Uses
Subject to the provisions of the municipal development plan, an applicable area
structure plan, or an applicable area redevelopment plan, the discretionary uses within
this district are:
(a) Accessory buildings and uses;
(b) Accessory residential buildings, where the principal use is a residential use; and
(c) such other uses that council considers suitable.
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Except as provided in Schedule 3, no person shall commence a development unless he has
been issued a development permit in respect of the development.
4.
DIRECT CONTROL ADMINISTRATIVE PROCEDURES
(a) The development officer shall refer all development applications in this district to either:
(i)
the MDA, if the MDA is composed exclusively of council members; or
(ii) council.
(b) If council is in receipt of a development application in this district, council shall process
that application in accordance with the administrative procedures of this bylaw as if
council were the MDA.
(c) If council or the MDA considers it appropriate to do so, they may solicit and consider the
comments of the following agencies or organizations before they give final
consideration to a development application:
(i)
Alberta Agriculture, Food and Rural Development;
(ii) Alberta Environmental Protection;
(iii) Alberta Transportation and Utilities;
(iv) Chinook Regional Health Authority,
(v) planning advisor;
(vi) any other agency council or the MDA considers appropriate.
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Village of Cowley Land Use Bylaw No. 352
5.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
5.1 General
Subject to the provisions or requirements of this district, council or the MDA may
regulate a use or a development in any manner either considers necessary having
regard to:
(a) the provisions of an applicable statutory plan;
(b) the applicable use restrictions and development requirements in Schedule 5;
(c) the comments of any agency contacted under section 4(c); and
(d) any of the requirements or provisions of any other district in this bylaw.
5.2 Accessory Structures
(a) See Schedule 5, Part 5.2.
(b) In addition to the requirements in Schedule 5, Part 5.2, council or the MDA may
impose height, locational or other restrictions on an accessory structure having
regard to the requirements or provisions of any other district in this bylaw.
5.3 Accessory Buildings
The height, location, size, design, character and appearance of all accessory buildings
shall be to the satisfaction of council or the MDA having regard to the requirements or
provisions of any other district in this bylaw.
5.4 Accessory Residential Buildings
The height, location, size, design, character and appearance of all accessory residential
buildings shall be to the satisfaction of council or the MDA having regard to the
requirements of the R1 or R2 district.
6.
MINIMUM LOT SIZE
The minimum lot size in this district shall be as required by council or the MDA, provided that
the lot size meets or exceeds the minimum prescribed by the Subdivision and Development
Regulation.
7.
LANDSCAPING AND SCREENING
Landscaping and screening shall be to council's or the MDA's satisfaction having regard to
Schedule 6.
8.
REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Council or the MDA may require:
(i)
that refuse container enclosures to screen refuse containers are provided for each
principal use; and
(ii) that refuse container enclosures are located and designed to the satisfaction of
council or the MDA.
Village of Cowley Land Use Bylaw No. 352
Page 67
9.
ACCESS AND OFF-STREET PARKING AND LOADING
As council or the MDA considers necessary having regard to Schedule 7.
10. SECURITIES
As council or the MDA considers necessary having regard to Schedule 8.
Village of Cowley Land Use Bylaw No. 352
Page 69
DIRECT CONTROL 1 - DC1
1.
INTENT
The intent of the Direct Control 1 (DC1) district, in accordance with the Act, is to facilitate
development on the subject parcel in consideration of Council being the development
authority to allow for development of an accessory building prior to establishment of a
principal use.
2.
USES
2.1 Permitted Uses
Single-family dwellings
2.2 Discretionary Uses
Subject to the provisions of the municipal development plan, an applicable area
structure plan, or an applicable area redevelopment plan, the discretionary uses within
this district are:
(a) Accessory buildings and uses;
(b) Accessory structures;
(c) Double-wide mobile homes;
(d) Single-wide mobile homes; and
(e) such other uses that Council considers suitable.
3.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Except as provided in Schedule 3, no person shall commence a development unless he has
been issued a development permit in respect of the development.
4.
DIRECT CONTROL ADMINISTRATIVE PROCEDURES
(a) The development officer shall refer all development applications in this district to either:
(i)
the MDA, if the MDA is composed exclusively of Council members; or
(ii) Council.
(b) If Council is in receipt of a development application in this district, Council shall process
that application in accordance with the administrative procedures of this bylaw as if
council were the MDA.
(c) If Council or the MDA considers it appropriate to do so, they may solicit and consider
the comments of the following agencies or organizations before they give final
consideration to a development application:
(i)
Alberta Agriculture, Food and Rural Development;
(ii) Alberta Environmental Protection;
(iii) Alberta Transportation and Utilities;
(iv) Chinook Regional Health Authority,
(v) planning advisor;
(vi) any other agency Council or the MDA considers appropriate.
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Village of Cowley Land Use Bylaw No. 352
5.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
5.1 General
Subject to the provisions or requirements of this district, Council or the MDA may
regulate a use or a development in any manner either considers necessary having
regard to:
(a) the provisions of an applicable statutory plan;
(b) the applicable use restrictions and development requirements in Schedule 5;
(c) the comments of any agency contacted under section 4(c); and
(d) any of the requirements or provisions of any other district in this bylaw.
5.2 Accessory Structures
(a) See Schedule 5, Part 5.2.
(b)
In addition to the requirements in Schedule 5, Part 5.2, Council or the MDA may
impose height, locational or other restrictions on an accessory structure having
regard to the requirements or provisions of any other district in this bylaw.
5.3 Accessory Buildings
Accessory Buildings may be permitted prior to the development of a principal residential
building provided that the building is sited in a manner that allows for the development
of a dwelling.
The height, location, size, design, character and appearance of all accessory buildings
shall be to the satisfaction of Council or the MDA having regard to the requirements or
provisions of any other district in this bylaw.
5.4 Accessory Residential Buildings
The height, location, size, design, character and appearance of all accessory residential
buildings shall be to the satisfaction of Council or the MDA having regard to the
requirements of the R1 or R2 district.
6.
MINIMUM LOT SIZE
The minimum lot size in this district shall be as required by Council or the MDA.
7.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
7.1 All principal buildings and uses on an interior lot shall be setback in accordance with the
following:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Single-family dwellings, double-wide
mobile homes
6.1
20
1.5
5
7.6
25
Single-wide mobile homes
6.1
20
See Schedule
5, Part 5.3.
7.6
25
Village of Cowley Land Use Bylaw No. 352
Page 71
7.2 Prevailing Setbacks
In the case of a development application for a single-family dwelling, the MDA or the
development officer may require a greater or lesser setback than the 6.1 m (20 ft.) front
property boundary setback prescribed in 7.1 above, where existing development on
adjoining lots in a well-established area has, in the opinion of Council or the MDA,
established a predominant and prevailing setback that differs from the stated setback.
7.3. Encroachments into Yards or Setbacks
Where Council or the MDA considers it reasonable and appropriate to do so, Council or
the MDA may allow portions of, or attachments to a principal building to encroach into a
yard as established in 7.1 above, but the type and magnitude of the encroachment shall
be in accordance with the following, subject to 6.4(b) below:
(a) an eave, chimney, cornice or sill may encroach 0.5 m (1.6 ft.) into a side yard; and
(b) an enclosed or unenclosed veranda, porch or balcony, or a chimney may project
not more than 1.5 m (5 ft.) into a principal front yard or a rear yard.
8.
MINIMUM SETBACK REQUIREMENTS - Other Buildings
8.1 Accessory Buildings
Accessory buildings:
(a) shall maintain the same setbacks as the principal building from a principal or a
secondary front property boundary; and
(b) shall maintain a minimum 1.5 m (5 ft.) setback from a side or a rear property
boundary; and
(c) where an accessory building is permitted prior to the development of a principal
building, the front property setback for the accessory building shall be defined by
Council or the MDA to ensure adequate space for the future development of a
dwelling in front of the accessory building.
8.2 Satellite Dishes and Radio or Television Towers - See Schedule 5, Part 5.2.
9.
MAXIMUM LOT COVERAGE
Principal building, accessory buildings and accessory residential buildings - 55 percent
(combined)
10. MINIMUM FLOOR AREA
Unless otherwise allowed by Council or the MDA, the first storey minimum gross floor area
of all principal buildings shall be in accordance with the following:
Use
Minimum Area
Single-family dwellings
74.3 m2 (800 sq. ft.)
Single-wide mobile homes
60.4 m2 (650 sq. ft.)
All other buildings and uses
As required by the MDA.
11. LANDSCAPING AND SCREENING
Landscaping and screening shall be to Council's or the MDA's satisfaction having regard to
Schedule 6.
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Village of Cowley Land Use Bylaw No. 352
11. REFUSE SCREENING AND STORAGE
(a) Refuse and garbage shall be kept in suitably-sized containers until such time as
collection or disposal is possible.
(b) Council or the MDA may require that refuse container enclosures are located and
designed to the satisfaction of Council or the MDA.
12. ACCESS AND OFF-STREET PARKING AND LOADING
As Council or the MDA considers necessary having regard to Schedule 7.
13. SECURITIES
As Council or the MDA considers necessary having regard to Schedule 8.
Schedule 3
DEVELOPMENT NOT REQUIRING
A DEVELOPMENT PERMIT
Village of Cowley Land Use Bylaw No. 352
Page 73
Schedule 3
DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
1.
GENERAL
A development permit is not required for:
(a) extensive cultivation or grazing of land;
(b) uses or development listed in the Act or any exemption regulations;
(c) the erection or maintenance of agricultural fences associated with the extensive
cultivation or grazing of land, or an extensive agriculture use;
(d) the erection or construction of temporary buildings, works, plants or machinery that are
needed in the opinion of the development officer or the MDA to erect or construct a
development;
(e) the maintenance or repair of public works, services and utilities carried out by, or on
behalf of federal, provincial, municipal or public authorities on land which is publicly
owned or administered;
(f)
the maintenance or repair of any building including interior and exterior renovations
provided that:
(i)
such works do not include structural alterations or additions which affect changes
in the exterior size, dimensions or design of the building;
(ii) such works on the exterior of a building are in accordance with Schedule 5, Part
5.1;
(g) storage, garden or tool sheds and similar accessory residential buildings provided that:
(i)
these do not exceed 9.3 m2 (100 sq. ft.) in area;
(ii) only one such building may be located on a lot or parcel without a development
permit; and
(iii) any matter pertaining to the development of such a building including its height,
location and appearance complies with the provisions of this bylaw and the
schedules thereto;
(h) the construction, erection, maintenance or alteration of an accessory structure (namely a
fence, gate, satellite dish or a television or a radio tower) provided that any matter pertaining
thereto including its height, location and finish complies with this bylaw and the
schedules thereto, and the accessory structure is to the satisfaction of the development
officer or the MDA; and
(i)
a change of occupancy or ownership of a conforming use of land or buildings, unless
that change results in a change of use from one separately defined use or use class to
a different and separately defined use or use class.
2.
SIGNS
(a) A development permit is not required for the following signs if they comply with this
bylaw and are not animated or equipped with flashing lights:
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Village of Cowley Land Use Bylaw No. 352
(i)
official signs, namely election signs and any sign or billboard erected by a public
authority, agency or department;
(ii) identification or memorial signs in any district for any use except home occupations
provided that:
- the sign does not exceed 0.2 m2 (2 sq. ft.) in area, and
- not more than one identification sign is located along a street frontage for each
business or occupant;
(iii) on-site signs in any district advertising the sale, rental or lease of land or buildings
provided that:
- such signs do not exceed 0.7 m2 (7 sq. ft.) in area in a residential district,
- such signs do not exceed 2.8 m2 (30 sq. ft.) in area in a district other than a
residential district, and
- such signs are not illuminated;
(iv) on-site signs identifying an approved construction project and/or the parties
involved in that project provided that such signs are removed within 14 days after
construction is complete;
(v) on-site signs for the guidance, warning or restraint of people provided that such
signs do not exceed 0.5 m2 (5 sq. ft.) in area;
(vi) signs indicating on-site traffic circulation and parking restrictions provided that such
signs do not exceed 0.9 m2 (10 sq. ft.) in area; and
(vii) temporary signs (other than portable signs) on lots or parcels in commercial or
industrial districts advertising a special promotion on the premises provided that
the sign is removed within seven days of the end of the special promotion;
(b) A development permit is not required for the maintenance of any lawful sign or for a
copy change on a lawful sign provided that the location, height, dimensions and
structural framework of the sign are not altered.
3.
UNCERTAINTY - ROLE OF MDA
If there is any doubt as to whether or not a development requires a development permit, the
matter shall be referred to the MDA, whose decision shall be final.
Schedule 4
DEVELOPMENT APPLICATION, INFORMATION
REQUIREMENTS AND FORMS
Village of Cowley Land Use Bylaw No. 352
Page 75
Schedule 4
FORMS AND APPLICATIONS
1.
MANDATORY INFORMATION - ALL DISTRICTS AND USES
An application for a development permit shall be made to the development officer by sending
to him:
(a) a completed development application form - see Form A; and
(b) evidence satisfactory to the development officer that the application is authorized by the
registered owner(s) of the lot or parcel.
2.
ADDITIONAL INFORMATION - ALL DISTRICTS AND USES
2.1 Site Plan - Information
The development officer or the MDA, in addition to the information required in section 1
above, may also require the following information:
(a) one or more copies of an accurate site plan drawn to scale as specified in section
2.2 below, showing and labelling:
(i)
a north arrow and scale;
(ii) the legal description of the lot and municipal address where relevant;
(iii) the lot boundaries;
(iv) the location of existing and proposed buildings and structures, including
accessory buildings and structures, in relation to lot boundaries;
(v) the location and dimensions of existing and proposed easements, driveways,
vehicular entrances and exits, parking areas, loading bays and garbage
confinement areas;
(vi) the location of public utility service connections;
(vii) the location and extent of existing and proposed private sewage disposal
systems, if applicable;
(viii) the location of important topographic and physical features, including hills,
depressions, waterbodies, and watercourses, if applicable;
(ix) proposed and existing grades, contours and on-site drainage;
(x) the location and extent of all existing and proposed landscaping and physical
features;
(xi) the location of existing and proposed signs;
(b) a surveyor's sketch, or a real property report showing any or all of the information
indicated in 2.1(a) above;
(c) a landscaping plan, professionally prepared by a landscape architect, showing the
location and extent of all existing and proposed landscaping, topographic contours,
the species, height and spacing of proposed vegetative landscaping and other
relevant matters;
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Village of Cowley Land Use Bylaw No. 352
(d) the height of all proposed development, buildings and structures including signs,
accessory buildings, accessory residential buildings, fences and other accessory
structures.
(e) a set of plans to the satisfaction of the development officer or the MDA showing:
(i)
the front, rear and side elevations of any proposed principal building,
accessory building or accessory residential building;
(ii) the elevations and height of any proposed structure, including fences and
signs;
(iii) the colour and materials proposed for the exterior finish of any building or
structure, and
(iv) the floor plans of any proposed principal or accessory building and the
proposed uses of the floor area;
(f)
a description of the proposed development;
(g) such other information as may be required, in the opinion of the development
officer, to enable complete evaluation of the proposal.
2.2 Site Plan - Scale
Unless otherwise required by the development officer, site plans referred to in 2.1
above shall be drawn at the following scales:
Lot Size
SI Scale
Imperial Scale
0-2 ha (0-5 acres)
1:200 or 1:300
1" = 20'
2-4 ha (5-10 acres)
1:500 or 1:1000
1" = 50' or 1" = 200'
4 or more ha (10 or more acres)
1:2000
1" = 200'
3.
ADDITIONAL INFORMATION - SPECIFIC USES
In addition to the information which may be required in accordance with this schedule,
specific uses may be subject to mandatory or discretionary information requirements as
specified for that use in Schedule 5.
Village of Cowley Land Use Bylaw No. 352
Page 77
VILLAGE OF COWLEY
APPLICATION FOR A DEVELOPMENT PERMIT
SCHEDULE 4
DEVELOPMENT APPLICATION NO. __________
FORM A
DATE RECEIVED BY DEVELOPMENT OFFICER __________
APPLICANT'S NAME: ____________________________________________________ PHONE NO. __________________________
APPLICANT'S ADDRESS: _______________________________________________________________________________________
REGISTERED OWNER'S NAME: ___________________________________________ PHONE NO. __________________________
REGISTERED OWNER'S ADDRESS: ______________________________________________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: _________________________________________________________
(option, lease, purchase agreement, etc.)
PROPOSED DEVELOPMENT
LEGAL DESCRIPTION OF LAND PROPOSED FOR DEVELOPMENT: Lot(s) ____________ Block ___________ Plan _____________
STREET ADDRESS OF PROPOSED DEVELOPMENT: ________________________________________________________________
STATE PRESENT LAND USE: ____________________________________________________________________________________
IF DEVELOPMENT OR LAND USE IS TEMPORARY, STATE FOR WHAT PERIOD: __________________________________________
LOT DIMENSIONS: Width: __________________ Length: _________________________ Area: ______________________________
MAIN BUILDING: Floor Area: __________________________________ Total Finished Living Area: ____________________________
Percentage of Lot Occupied: _______________________________ Floor Area Ratio: _______________________________
Setback: Front Yard: ____________ Rear Yard: ______________ Side Yards: _______________ and ________________
ACCESSORY BUILDINGS: Total Floor Area: __________________________ Percentage of Lot Occupied: ______________________
Setback: Rear Yard: _____________________________ Side Yard: ______________________ and __________________
OFF-STREET PARKING SPACES: Size: _________________________________ Number: ________________________________
OFF-STREET LOADING SPACES: Size: _________________________________ Number: ________________________________
PROVIDE DESCRIPTION OF PROPOSED DEVELOPMENT BELOW, ON REVERSE OR SEPARATELY:
ESTIMATED COMMENCEMENT DATE: ________________________ ESTIMATED COMPLETION DATE: ______________________
IMPORTANT: See Reverse
I have read and understand the terms noted on the reverse side of this form and hereby apply for permission to carry out the
development described above and/or on the attached plans and specifications. I further certify that the owner of the land described
above is aware of this application.
DATE OF APPLICATION: ______________________________
____________________________________________________
____________________________________________________
Applicant's Signature
Development Officer's Signature
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Village of Cowley Land Use Bylaw No. 352
TERMS:
1.
Subject to the provisions of the Land Use Bylaw No. 352 of the Village of Cowley, the term "development" includes the
making of any change in the use of buildings or land.
2.
The decision on the subject application applies only to the use and development described in the decision. A separate
application is required for the extension or amendment of a development permit, or any other development (e.g. signs)
not included in the subject application.
3.
Although the development officer is in a position to advise on the principle or details of any proposal, such advice must
not be taken in any way as official consent, and is without prejudice to the decision in connection with the formal
application. It must be clearly understood that any action taken by the applicant before a development permit is received,
is at his own risk.
4.
The applicant may also be required to supply additional information (site plans, building elevations, etc.) on the request of
the development officer or the MDA, in accordance with Schedule 4 of this bylaw.
5.
Unless otherwise required by the development officer or the MDA, site plans shall be drawn at the following scales:
Lot Size
SI Scale
Imperial Scale
0-2 ha (0-5 ac)
1:200 or 1:300
1" = 20'
2-4 ha (5-10 ac)
1:500 or 1:1000
1" = 50' or 1" = 100'
4 or more ha (10 or more ac)
1:2000
1" = 200'
6.
An application for a development permit shall, at the option of the applicant, be deemed to be refused when the decision
of the MDA or development officer is not made within 40 days from the receipt of the application in its complete and final
form, or within such longer period of time as the applicant may approve in writing.
7.
If an application is refused, deemed refused or approved with conditions, the applicant may appeal to the Subdivision
and Development Appeal Board in accordance with the Act.
8.
A development permit is not a building permit, plumbing permit, electrical permit, or a permit to install underground or
above-ground fuel tanks. A separate building, plumbing or electrical permit, and a permit to install fuel tanks may be
required pursuant to the provincial building requirements and other provincial legislation.
9.
Issuance of a development permit does not relieve an applicant from complying with any applicable provincial or federal
legislation or regulations.
Village of Cowley Land Use Bylaw No. 352
Page 79
VILLAGE OF COWLEY
NOTICE OF DECISION
(FOR DISCRETIONARY USE OR NON-COMPLYING APPLICATIONS)
SCHEDULE 4
FORM B
DEVELOPMENT APPLICATION NO. __________
NAME: _______________________________________________________________________________
ADDRESS: ___________________________________________________________________________
In the matter of development of property located at: ____________________________________________
The development as specified in Development Application No. ____________ has been: (check one)
APPROVED
APPROVED subject to the following conditions:
REFUSED for the following reasons:
DATE OF DECISION: ______________________________
A DEVELOPMENT PERMIT WILL BE ISSUED ON _____________________ , 17 DAYS FROM THE
DATE OF THIS DECISION, UNLESS THIS DECISION IS APPEALED.
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
NOTES: See Reverse
Page 80
Village of Cowley Land Use Bylaw No. 352
NOTES:
1.
This form is to be used for discretionary use applications and non-complying applications.
2.
Where this Notice of Decision has the effect of approving a development application, with or without
conditions, a development permit shall not be issued:
(i)
until at least 17 days after the issue of the Notice of Decision; or
(ii)
if an appeal is made, until the appeal is decided upon.
3.
Notice of approval or receipt of a development permit does not relieve an applicant from complying
with any applicable provincial or federal legislation or regulations. A development permit is not a
building permit, plumbing permit, electrical permit, a permit to install underground or above-ground fuel
tanks, or a permit issued by a Public Health Inspector. These and other separate permits may be
required by municipal or provincial authorities .
Village of Cowley Land Use Bylaw No. 352
Page 81
VILLAGE OF COWLEY
DEVELOPMENT PERMIT
(FOR PERMITTED COMPLYING APPLICATIONS)
SCHEDULE 4
DEVELOPMENT APPLICATION NO. __________
FORM C
DEVELOPMENT PERMIT NO. __________
A development permit is hereby issued to:
NAME: _______________________________________________________________________________
ADDRESS: ___________________________________________________________________________
In respect of works consisting of: __________________________________________________________
On land located at: ______________________________________________________________________
and described on Application for Development No. __________, and is subject to the following conditions:
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
IMPORTANT:
1.
The development authorized by this permit shall not commence until at least 17 days after the issue of
this permit, or if an appeal is made until the appeal is decided upon in accordance with the
administrative procedures of the land use bylaw. Anyone commencing development prior to these
times does so exclusively at his own risk.
2.
This permit expires 12 months from the date of its issue, if the development or use authorized by this
permit has not been commenced or carried out with reasonable diligence within 12 months from the
date of its issue, in accordance with the administrative procedures of the land use bylaw.
3.
A development permit is valid only for the location for which it is issued, but a development permit may
be transferred to another person in certain instances (subject to and in accordance with the
administrative procedures of the land use bylaw), provided that the MDA or the development officer
issues a written consent which authorizes the transfer.
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Village of Cowley Land Use Bylaw No. 352
4.
This permit indicates that only the development to which it relates is authorized in accordance with the
provisions of the land use bylaw and in no way relieves or excuses the applicant from complying with
the land use bylaw or any other bylaw of the municipality or any applicable provincial or federal
legislation.
5.
A development permit is not a building permit, plumbing permit, electrical permit, a permit to install
underground or above-ground fuel tanks, or a permit issued by a Public Health Inspector. These and
other separate permits may be required by municipal or provincial authorities.
Village of Cowley Land Use Bylaw No. 352
Page 83
VILLAGE OF COWLEY
DEVELOPMENT PERMIT
(FOR DISCRETIONARY USE OR NON-COMPLYING APPLICATIONS)
SCHEDULE 4
DEVELOPMENT APPLICATION NO. __________
FORM D
DEVELOPMENT PERMIT NO. __________
A development permit is hereby issued to:
NAME: _______________________________________________________________________________
ADDRESS: ___________________________________________________________________________
In respect of works consisting of: __________________________________________________________
On land located at: _____________________________________________________________________
and described on Application for Development No. ___________, and as plans submitted by the applicant.
This permit refers only to works outlined in the Application No. ____________, and is subject to the
conditions contained in the Notice of Decision dated: ___________________________________________
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
IMPORTANT:
1.
This permit expires 12 months from the date of its issue, if the development or use authorized by this
permit has not been commenced or carried out with reasonable diligence within 12 months from the
date of its issue, in accordance with the administrative procedures of the land use bylaw.
2.
A development permit is valid only for the location for which it is issued, but a development permit may
be transferred to another person in certain instances (subject to and in accordance with the
administrative procedures of the land use bylaw) provided that the MDA or the development officer
issues a written consent which authorizes the transfer.
3.
This development permit indicates that only the development to which it relates is authorized in
accordance with the provisions of the land use bylaw and in no way relieves or excuses the applicant
from complying with the land use bylaw or any other bylaw of the municipality or any applicable
provincial or federal legislation.
4.
A development permit is not a building permit, plumbing permit, electrical permit, a permit to install
underground or above-ground fuel tanks, or a permit issued by a Public Health Inspector. These and
other separate permits may be required by municipal or provincial authorities.
Village of Cowley Land Use Bylaw No. 352
Page 85
VILLAGE OF COWLEY
NOTICE OF SUBDIVISION AND DEVELOPMENT
AUTHORITY MEETING
SCHEDULE 4
FORM E
APPLICATION NO. __________
Notice is hereby given that an application is being made for a development permit with regard to
the following:
NAME OF APPLICANT:
TYPE OF DEVELOPMENT:
LEGAL DESCRIPTION OF SITE:
PLACE OF MEETING: _________________________________________________________________
TYPE OF MEETING: __________________________________________________________________
DATE OF MEETING: __________________________________________________________________
Any person affected by the said proposal has the right to present a written brief prior to the
hearing and/or to be present and be heard at the meeting.
Persons requesting to be heard at the meeting shall submit a written request to be heard to the
Village of Cowley not later than:
_____________________________________________________________________________
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
Village of Cowley Land Use Bylaw No. 352
Page 87
VILLAGE OF COWLEY
NOTICE OF SUBDIVISION AND DEVELOPMENT
APPEAL BOARD HEARING
SCHEDULE 4
FORM F
APPLICATION NO. __________
NAME: _______________________________________________________________________________
ADDRESS: ___________________________________________________________________________
A Public Hearing in the matter of the appeal of ________________________________________
of _____________________________ to the decision of the development officer / Subdivision
and Development Authority on Development Application No. __________ , being the application
for a development permit for ______________________________________________________
_____________________________________________________________________________
at ____________________________________ by ___________________________________
shall be heard on the _____ day of ___________ , ______ at _______ o'clock (a.m./p.m.)
The hearing will be held in the Village of Cowley council chambers.
DATE: ______________________
SIGNED: _____________________________________________
Secretary, Subdivision and Development Appeal Board
Village of Cowley Land Use Bylaw No. 352
Page 89
VILLAGE OF COWLEY
NOTICE OF DECISION OF
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
SCHEDULE 4
FORM G
APPLICATION NO. __________
NAME: _______________________________________________________________________________
ADDRESS: ___________________________________________________________________________
In the matter of the appeal of ______________________________________________________
of _____________________________ to the decision of the development officer / Subdivision
and Development Authority on Development Application No. __________ , being the application
for a development permit for ______________________________________________________
_____________________________________________________________________________
at ____________________________________ by ___________________________________
the Subdivision and Development Appeal Board, duly convened on the ______________ day of
____________________ , _________ decided to:
For the following reasons:
DATE: ______________________
SIGNED: _____________________________________________
Secretary, Subdivision and Development Appeal Board
IMPORTANT: This decision of the Subdivision and Development Appeal Board is final and binding
on all parties and all persons, subject only to appeal pursuant to the provisions of the
Municipal Government Act.
Village of Cowley Land Use Bylaw No. 352
Page 91
VILLAGE OF COWLEY
AGREEMENT FOR TIME EXTENSION
SCHEDULE 4
FORM H
APPLICATION NO. __________
I/We ___________________________________________________ being the registered owner
or person authorized to act on behalf of the registered owner with respect to:
Application No. _________________________________________________________________
For: _________________________________________________________________________
Located on (legal description): ____________________________________________________
_____________________________________________________________________________
Do hereby agree to a time extension of: ___________________________________ days, until
_____________________________________________________________________________
_____________________________________________________________________________
On the understanding that if a decision has not been made by this time, I may deem the
application refused and appeal to the Subdivision and Development Appeal Board in accordance
with the provisions of the Municipal Government Act.
DATE: ______________________
___________________________________________________
Signature of Registered Owner/Person Acting on behalf of:
______________________________________________
Signature of Witness
DATE: ______________________
___________________________________________________
Signature of Development Officer - Village of Cowley
______________________________________________
Signature of Witness
Village of Cowley Land Use Bylaw No. 352
Page 93
VILLAGE OF COWLEY
STOP ORDER
SCHEDULE 4
FORM I
APPLICATION NO. __________
TO THE REGISTERED OWNER: _________________________________________________________
ADDRESS: ____________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) ____________ Block ____________ Plan ________________
Quarter __________ section ___________ Township __________ Range ___________
PLEASE TAKE NOTICE that in accordance with the Municipal Government Act, section 645, you
are HEREBY ORDERED TO:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
BE ADVISED that pursuant to sections 557 and 566 of the Municipal Government Act, a person
who contravenes an order under section 645, is guilty of an offense and is liable to a fine of not
more than $10,000 or to imprisonment for not more than one year, or to both fine and
imprisonment; and be FURTHER ADVISED that pursuant to section 685 of the Municipal
Government Act, you may appeal this order by serving a written notice of the appeal on the
Subdivision and Development Appeal Board within 14 days after receiving this order, in care of
the secretary, Subdivision and Development Appeal Board, Village of Cowley, Box 40, Cowley,
Alberta, T0K 0P0.
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
Village of Cowley Land Use Bylaw No. 352
Page 95
VILLAGE OF COWLEY
APPLICATION FOR A LAND USE BYLAW AMENDMENT
SCHEDULE 4
FORM J
APPLICATION NO. __________
APPLICANT: __________________________________________________________________________
ADDRESS: ____________________________________________________________________________
REGISTERED OWNER: _________________________________________________________________
ADDRESS: ____________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) ____________ Block ____________ Plan ________________
Quarter __________ section ___________ Township __________ Range ___________
PROPOSED AMENDMENT:
FROM: ________________________________________________________________________
_____________________________________________________________________________
TO: __________________________________________________________________________
_____________________________________________________________________________
APPLICANT'S SUBMISSION:
Please state your reasons for applying for this amendment. Attach a separate sheet if necessary.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I certify that I am the registered owner or that the registered owner(s) of the land described above
is aware of this application.
Fees Submitted $ ________________
Receipt No. _____________________
DATE: _____________________________
SIGNED: _____________________________________
Applicant
Village of Cowley Land Use Bylaw No. 352
Page 97
VILLAGE OF COWLEY
APPLICATION FOR A HOME OCCUPATION
SCHEDULE 4
FORM K
APPLICATION NO. __________
APPLICANT: __________________________________________________________________________
ADDRESS: _______________________________________________ TELEPHONE: _______________
REGISTERED OWNER: ________________________________________________________________
ADDRESS: _______________________________________________ TELEPHONE: _______________
LEGAL DESCRIPTION: Lot(s) ______________ Block _____________ Plan _____________
Quarter ________ section _______ Township _______ Range _______ W_____M
EXISTING USE: _______________________________________________________________________
PROPOSED USE BEING APPLIED FOR: _________________________________________________
HOURS OF OPERATION:
__________ to ___________
NOISE GENERATED:
Yes
No
OFF-STREET PARKING AVAILABLE:
Yes
No
No. of Spaces _____
STORAGE OF GOODS ON PROPERTY:
Yes
No
ANTICIPATED INCREASE IN VEHICULAR TRAFFIC: Yes
No
ODOURS OR NOXIOUS EFFLUENTS:
Yes
No
ADDITIONAL VEHICLES REQUIRED:
Yes
No
APPLICANT'S SUBMISSION: Please state your reasons for applying for this home occupation.
(Attach a separate sheet if necessary.)
_____________________________________________________________________________
_____________________________________________________________________________
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I certify that I am the registered owner or that the registered owner(s) of the land described above
is aware of this application.
DATE: _____________________________
SIGNED: _____________________________________
Applicant
Village of Cowley Land Use Bylaw No. 352
Page 99
VILLAGE OF COWLEY
APPLICATION FOR A TEMPORARY DEVELOPMENT PERMIT
SCHEDULE 4
APPLICATION NO. __________
FORM L
FEES SUBMITTED $__________
APPLICANT: ___________________________________________________________________
ADDRESS: __________________________________________ TELEPHONE: ______________
REGISTERED OWNER: _________________________________ TELEPHONE: ______________
LEGAL DESCRIPTION: Lot(s) ______________ Block _____________ Plan _____________
Quarter ________ section _______ Township _______ Range _______ W_____M
EXISTING USE: _______________________________________________________________________
PROPOSED USE: _____________________________________________________________________
PROPOSED DURATION: from ___________ to _____________
PARTICULARS OF PROPOSED DEVELOPMENT: __________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Additional information or clarification can be helpful in processing the application without delay.
You may wish to use the back of this form, or attach a separate sheet with such information.
Please fill out the Right of Entry authorization on reverse.
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I have submitted particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that
is issued and with any other bylaws that are applicable. I am aware that I may be required to pay
for all local improvement costs, which include drainage, sidewalks, road construction, street
lighting, water and sewer main extensions, utility connection fees and installation costs at the
present established rate.
I have read and understand the terms noted on the reverse side of this form and hereby apply for
permission to carry out the development described above and/or on the attached plans and
specifications. I further certify that the registered owner(s) of the land described above is aware
of this application.
DATE: _____________________________
SIGNED: _____________________________________
Applicant
IMPORTANT: See Over
Page 100
Village of Cowley Land Use Bylaw No. 352
ADDITIONAL INFORMATION: _______________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
IMPORTANT:
1.
Subject to the provisions of the land use bylaw of the Village of Cowley, the term "development"
includes any change in the use of buildings or land.
2.
Although the development officer is in a position to advise on the principal or details of any proposals,
such advice must not be taken in any way as an official consent, and is without prejudice to the
decision in connection with the formal application. It must be clearly understood that any development
by the applicant within 14 days after receipt of a Development Permit, is at his own risk.
3.
Please submit a plan or drawing showing location of existing and proposed buildings, roads, services,
boundaries, etc. in sufficient detail to ensure proper consideration of the application. Measurements
may be metric or imperial units. It is desirable that the plans and drawings should be on scale
appropriate to the development, that is:
Site plans
- ratio of 1:1000 or 1:1500
Other drawings
- ratio of 1:100 or 1:200
or as required by the development officer.
However, unless otherwise stipulated, it is not necessary for plans and drawings to be professionally
prepared.
4.
If a decision is not made within 40 days from the date of the receipt of the application in its complete
and final form, the applicant may exercise his right of appeal as though he had been mailed a refusal at
the end of the 40 day period unless an agreement for a time extension has been entered into with the
municipality.
RIGHT OF ENTRY:
I hereby authorize representatives of the Village of Cowley to enter my land for the purpose of
conducting a site inspection in connection with this application.
This right is granted pursuant to section 542(1) of the Municipal Government Act.
DATE: _____________________________
SIGNED: _____________________________________
Registered Land Owner(s)
NOTE: When, in the opinion of the Municipal Development Authority, a proposed use is of a temporary or
discretionary nature, it may issue a temporary development permit valid for such a period as it
considers appropriate. It shall be a condition of every temporary development permit that the
Village of Cowley shall not be liable for any costs involved in the cessation or removal of any
development at the expiration of the permitted period. The Municipal Development Authority may
require the applicant to post a guarantee for the cessation or removal of the use and any
associated development.
Schedule 5
USE RESTRICTIONS AND
DEVELOPMENT REQUIREMENTS
Village of Cowley Land Use Bylaw No. 352
Page 101
Schedule 5
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
PART 5.1 - GENERAL RULES FOR ALL DISTRICTS
1.
DESIGN CHARACTER AND APPEARANCE OF BUILDINGS
Regardless of whether the proposed use of a building is permitted or discretionary in the
district in which the building is proposed to be located, the design, character and appearance
of all buildings shall:
(a) be consistent with the purpose of the district in which the building is proposed to be
located, to the satisfaction of the MDA; and
(b) take into account and be consistent with other buildings existing in the vicinity to the
satisfaction of the MDA.
2.
RELOCATION OF USED BUILDINGS OR MOVED-IN BUILDINGS
(a) Subject to 2(b) and (c) below, a development application which proposes to relocate a
used building from another location shall be refused unless:
(i)
the design, character and appearance of the building is to the satisfaction of the
MDA in accordance with section 1 above; and
(ii) the age and repair of the building to the satisfaction of the MDA.
(b) All development applications which propose to locate a used building shall be
accompanied by recent colour photographs showing the front, side and rear elevations
of the building to the satisfaction of the MDA.
(c) The MDA or the development officer shall solicit and consider the comments of a
provincial building inspector before the MDA approves a development application for a
used building that is proposed to be relocated.
(d) Prior to issuing a development permit for the relocation of a used building the MDA may
require a security in accordance with Schedule 8.
3.
GRADING AND RUNOFF
(a) The MDA or the development officer, as a condition of issuing a development permit,
may require such measures as either considers necessary, including grading to:
(i)
control or direct surface drainage;
(ii) reduce or eliminate grade differences between adjacent lots; and
(iii) minimize potential erosion or slope instability;
(b) Roof and surface runoff:
(i)
shall be directed to the public roadway abutting a principal or a secondary front
property boundary;
(ii) may be directed to a rear property boundary with the approval of the MDA or
development officer, unless prohibited by a restrictive covenant affecting the
subject lot; and
Page 102
Village of Cowley Land Use Bylaw No. 352
(iii) shall not be directed towards a sideyard unless expressly allowed by the
development officer or the MDA.
4.
RETAINING WALLS
(a) As a condition of issuing a development permit the MDA or the development officer may
require the applicant to design and construct a retaining wall whenever, in the opinion of
the MDA or the development officer, significant differences in grade exist between the
lot or parcel being developed and any adjacent area of land.
(b) Where a retaining wall is required by the MDA or the development officer, the applicant
shall supply the development officer with plans showing the design and specifications of
the retaining wall and the development officer shall refer these to a provincial building
inspector for evaluation.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
5.1 Unstable Lands or Steep Slopes
(a) Before giving final consideration to a development application on or near lands
which the MDA or the development officer considers unstable, the development
officer or the MDA may:
(i)
refer the development application to Alberta Environmental Protection and/or
the planning advisor for comment,
(ii) require the applicant to submit a geotechnical soil survey, subject to 5.1(b)
below, or
(iii) take such other action as the MDA or the development officer considers
reasonable and appropriate.
(b) If the MDA or the development officer requires an applicant to submit a
geotechnical soil survey, that survey shall:
(i)
be prepared by a qualified geotechnical engineer,
(ii) shall state whether the lot or parcel which is the subject of the application is
suitable for the proposed development, and if so, under what circumstances,
and
(ii) shall be referred to Alberta Environmental Protection for review before the
MDA or the development officer gives final consideration to the development
application.
5.2 Railway and Primary Highway Setbacks
(a) Except in the case of in-fill development, where a development containing dwelling
units or sleeping units is proposed to be located within:
(i)
76.2 m (250 ft.) of the centre line of a railway, or
(ii) 45.7 m (150 ft.) of the right-of-way of Highway No. 3,
then the development application for that use may be referred to the planning
advisor for comment.
(b) Unless otherwise allowed by the MDA, noise levels between proposed residential
development and the railway and Highway No. 3, shall not exceed the maximum
acceptable levels of road and rail traffic noise.
Village of Cowley Land Use Bylaw No. 352
Page 103
PART 5.2 - ACCESSORY STRUCTURES
1.
FENCES AND GATES
1.1 Fence and Gate Height
Notwithstanding any provision in this bylaw, where a principal building on a corner lot,
in the opinion of the MDA or the development officer faces the secondary front property
boundary, the height of any fences or gates shall not exceed the fence height
prescribed for the principal front yard.
1.2 Appearance and Design
The design, character and appearance of all fences and gates shall be to the
satisfaction of the MDA or the development officer.
2.
SATELLITE DISHES AND RADIO OR TELEVISION TOWERS
2.1 Application
The provisions of this section respecting satellite dishes and radio and television
towers shall not apply to public or commercial broadcasting facilities.
2.2 General Locations
Satellite dishes and radio and television towers or antennae shall be located in a rear
yard or a side yard, but the MDA or the development officer may approve a location in
a front yard where the MDA or the development officer is satisfied that a rear or
sideyard location is impractical or impossible.
2.3 Satellite Dishes - Roof Installation
(a) Given the stresses placed on roof components and possible aesthetic
considerations, a satellite dish shall not be attached to the roof of any conventional
single-detached residence; mobile home or accessory residential building, unless
the MDA or the development officer, in consultation with a provincial building
inspector, expressly allow the installation.
(b) The MDA or the development officer may disallow the installation of a satellite dish
on the roof of any building and the MDA may disallow a satellite dish to be
attached to a canopy awning, parapet or marquee of any building where in the
opinion of the MDA such installation:
(i)
may constitute a public safety hazard;
(ii) is intended for advertising or display purposes;
(iii) may compromise the structural integrity of the building; or
(iv) add to the obtrusive impact of the satellite dish.
Page 104
Village of Cowley Land Use Bylaw No. 352
PART 5.3 - MOBILE HOMES
1.
INFORMATION REQUIREMENTS - INDIVIDUAL MOBILE HOMES
In addition to the information that may or shall accompany a development application in
accordance with Schedule 4:
(a) a development application for a mobile home shall indicate its exterior dimensions and
whether it is a single-wide or double-wide mobile home;
(b) a development application for a new mobile home shall be accompanied by floor and
elevation plans;
(c) a development application for a used mobile home shall be accompanied by recent
colour photographs showing the front, side and rear elevations of the mobile home to
the satisfaction of the MDA.
2.
INFORMATION REQUIREMENTS - MOBILE HOME PARKS
In addition to the information that may or shall accompany a development application in
accordance with Schedule 4, a development application for a mobile home park, where each
mobile home is not located on a separately titled lot shall be accompanied by a detailed
design plan. This design plan shall show:
(a) the proposed lot or site dimensions for each mobile home lot or site;
(b) the proposed location of each mobile home on each site or lot;
(c) the total number and type of mobile homes, whether single or double-wide;
(d) minimum setback dimensions; and
(e) such other information as the MDA considers necessary.
3.
ELIGIBLE MOBILE HOMES
Unless otherwise required by the MDA:
(a) the minimum gross floor area of a mobile home shall be 60.4 m2 (650 sq. ft.);
(b) new or used factory built mobile homes may be allowed provided that:
(i)
any new or used mobile home was constructed after 1972 and meets or exceeds
the CSA mobile home standards for the year it was constructed; and
(ii) any used mobile home has been well maintained to the satisfaction of the MDA.
4.
REFERRALS
(a) All development applications for mobile homes may be referred to the building inspector
to ensure that electrical. plumbing and gas systems as well as foundations, basements
and anchorage are in accordance with provincial requirements and regulations.
(b) Where a development application proposes to develop a mobile home park, the
development application and the mandatory detailed design plan referred to in section 2
above, shall be referred to the planning advisor for comment.
Village of Cowley Land Use Bylaw No. 352
Page 105
5.
ADDITIONS AND APPEARANCE
(a) All additions or structural alterations to a mobile home require a development permit.
Without limiting the generality of the preceding, the following additions or structural
alterations require a development permit: enclosed or partially enclosed patios or
balconies, entrance porches, carports, attached storage areas and additional rooms
and any wholly or partially-roofed addition.
(b) Unless otherwise required by the MDA, but subject to the requirements of the land use
district, the materials used on the exterior finish of an addition to a mobile home:
(i)
shall be of a colour, quality and style which will match or complement the mobile
home to the satisfaction of the MDA; and
(ii) shall not include chipboard, aspenite, wallboard or any other material that the MDA
considers uncomplementary or unsuitable.
(c) All single-wide mobile homes not placed on permanent foundations of continuous
concrete or masonry shall be skirted to the satisfaction of the MDA.
6.
SETBACK REQUIREMENTS AND SITING GUIDELINES FOR MOBILE HOMES - SERVICED
LOTS
6.1 Siting Guidelines
The siting guidelines contained in sections 6.2 and 6.3 and shown in Figures 5.3.1 and
5.3.2 apply to serviced lots or sites, and more specifically:
(a) to mobile home subdivisions where each mobile home has its own separately titled
lot;
(b) to mobile home parks where each mobile home site is not subdivided into a
separately titled lot; and
(c) to in-fill situations where mobile homes are interspersed with or adjoin
conventional single-detached residences.
6.2 Single-wide Mobile Homes
(a) Unless otherwise required by the MDA, single-wide mobile homes shall be situated
on a lot shown in A, B, C or E of Figure 5.3.1. On interior lots B and E, the siting of
the mobile homes are interchangeable so that B may replace E or vice versa.
(b) Where a vacant corner lot may be occupied by either a single-wide or double-wide
mobile home the MDA shall encourage a double-wide unit to locate on that lot in
accordance with section 6.3(b) below, but if a single-wide unit is located on a
corner lot the MDA or the development officer may encourage the lot A or C siting
as shown in Figure 5.3.1 instead of the D or F siting, if:
(i)
the access driveway to the corner lot is located at least 6.1 m (20 ft.) from the
street intersection, and
(ii) a D or F siting would result in a comparatively featureless wall facing a street
or avenue in the opinion of the development officer or the MDA.
Page 106
Village of Cowley Land Use Bylaw No. 352
Village of Cowley Land Use Bylaw No. 352
Page 107
6.3 Double-wide Mobile Homes
(a) Unless otherwise required by the MDA, double-wide mobile homes shall be
situated on a lot as shown in A, B, C or E of Figure 5.3.2. On interior lots B and E
the siting of the mobile homes are interchangeable so that B may replace E or vice
versa.
(b) Where a vacant corner lot may be occupied by either a single-wide or a double-
wide unit, the MDA shall encourage a double-wide unit to locate on that lot.
(c) The MDA may encourage a double-wide mobile home to be located on a corner lot
so that is main entrance, as shown in A and C of Figure 5.3.2, faces a street or an
avenue. The orientation of the main entrance as shown in D or F may be
discouraged.
Figure 5.3.1 Notes:
1.
Figure 5.3.1 depicts the widest and longest single-wide mobile home that is presently
available, that is a 4.9 m (16 ft.) by 21.9 m (72 ft.) unit excluding hitch.
2.
Lot depth of 36 m (118 ft.) accommodates a 21.9 m (72 ft.) long single-wide mobile home
while providing a standard 6.1 m (20 ft.) deep front yard and a 7.6 m (25 ft.) deep rear yard.
The rear yard is intended to provide a screened location, respective to the street, for garden
sheds or similar accessory residential buildings, private outdoor amenity areas, and a
screened location for storage of incidental belongings. Where no appreciable rear yard is
provided these tend to be located in the side yard. Where a lane is provided 7.6 m (25 ft.)
rear yard could also be used for vehicle parking.
3.
"Addition" may include a carport, deck, porch or similar structure.
4.
The broken line (i.e. ---) depicts the maximum buildable area for an addition subject to the
site coverage requirements of the relevant land use district. Any addition must be kept
within, but may not necessarily fill the area within the broken line.
5.
Minimum dimensions are shown in Figure 5.3.1 as "min" with a numerical value in metres.
6.
Typical dimensions assume lot and mobile home lot size and location as illustrated.
7.
The main entrance and the corresponding main orientation of the mobile home is shown.
8.
Minimum lot width, length and area for single-wide mobile homes is specified in the relevant
land use district.
Page 108
Village of Cowley Land Use Bylaw No. 352
Village of Cowley Land Use Bylaw No. 352
Page 109
Figure 5.3.2 Notes:
1.
A double-wide mobile home as shown on lot A of Figure 5.3.2 seldom exceeds 20.1 m (66 ft.)
in length. The double-wide unit on lot A measures 9.8 m (32 ft.) wide by 20 m (66 ft.) in
length, the widest double-wide unit presently available. Because of its width, and a lot width
of 15.2 m (50 ft.) the double-wide unit on lot A leaves negligible area, 0.7 m in width, for
additions (see broken line lot A, Figure 5.3.2). Narrower units as shown on lot E and F provide
wider areas for additions. Where a wide double-wide unit is located on a corner lot,
accessory residential buildings such as garages must be located in the rear yard. Access
may be either from the adjoining street or avenue or, a lane where one is provided. In the
case of a 20.1 m (66 ft.) long unit, the lot depth must be at least 33.5 m (110 ft.) to
accommodate the front and rear yard requirements. Units of 16.5 m (54 ft.) or less in length
can be accommodated on a 30.5 m (100 ft.) lot.
2.
"Addition" may include a carport, deck, porch or similar structure.
3.
The broken line (i.e. ---) depicts the maximum buildable area for an addition subject to the
site coverage requirements of the relevant land use district. Any addition must be kept
within, but may not necessarily fill the area within the broken lines.
4.
Minimum dimensions are shown in Figure 5.3.2 as "min" with a numerical value in metres.
5.
Typical dimensions assume lot and mobile home size and location as depicted.
6.
The main entrance and the corresponding main orientation of the mobile home is shown.
7.
Minimum lot width, length and area for double-wide mobile homes is specified in the relevant
land use district.
Page 110
Village of Cowley Land Use Bylaw No. 352
PART 5.4 - NATURAL RESOURCE EXTRACTIVE USES
1.
SAND AND GRAVEL
(a) All development applications for a sand or gravel pit shall be referred to Alberta
Environmental Protection for comment and review, if the application proposes to
develop a pit which will disturb 2 ha (5 acres) or more of land.
(b) The MDA may require an applicant to submit a reclamation plan to its satisfaction
before the MDA makes a decision respecting a development application for a sand or
gravel pit which will disturb less than 2 ha (5 acres) of land.
(c) If the MDA requires a reclamation plan in accordance with 1(b) above, the MDA may
refer the plan to Alberta Environmental Protection for comment and review before the
MDA makes a final decision on the development application.
Village of Cowley Land Use Bylaw No. 352
Page 111
PART 5.5 - NOXIOUS OR HAZARDOUS INDUSTRIES
1.
REFERRALS
The MDA shall solicit and consider the comments of the planning advisor before the MDA
gives final consideration to a development application concerning a noxious or hazardous
industry.
2.
SPECIFIC USES
2.1 Bulk Ammonia Storage Facilities
The MDA shall consider the comments of Alberta Environmental Protection before the
MDA makes a decision on a development application concerning a bulk ammonia
storage facility.
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Village of Cowley Land Use Bylaw No. 352
PART 5.6 - SIGNS AND BILLBOARDS
1.
DEFINITIONS
The following definitions apply to this part:
Area of a sign means:
(a) the area of the face of a sign, including any framing, trim or moulding, but not including
the supporting structure, as shown in Figure 5.6.1;
(b) in the case of a sign comprising individual letters or symbols, the sum total of the
smallest squares and/or rectangles that enclose the individual letters or symbols of the
sign;
(c) in the case of a sign comprising two or more faces, one-half of the total area of all the
faces of the sign.
Figure 5.6.1
Billboard means a large visual device, its structure and component parts which is intended to
advertise or call attention to any matter, object, event or person, where the copy is usually
leasable, where the subject matter is not necessarily related to a use at or around the lot or
parcel upon which the billboard is located, and where the copy is intended to be viewed for
some distance from a public roadway.
Canopy, marquee or awning sign means a sign placed on a permanent and fixed projection of
a building (namely a canopy or a marquee) or a permanent but moveable projection (namely an
awning).
Copy means the message on the sign face.
Copy area means the area of the real or imaginary square or rectangle which would enclose
all of the letters or symbols on the sign as shown in Figure 5.6.1.
Face means the surface contained within the perimeter of one side of a sign on which copy
is, or may be, placed.
Village of Cowley Land Use Bylaw No. 352
Page 113
Fascia sign means:
(a) any sign where the face containing copy is parallel to and projects not more than 0.3 m
(1 ft.) horizontally from the exterior wall of the building to which the sign is attached; and
(b) a sign where the sign's area projects not more than 50 percent above the exterior wall
to which the sign is attached.
Freestanding sign means any sign supported on a structure independent of a principal or
accessory building and permanently attached to the ground.
Identification sign means a sign where the copy contains only the following information:
(a) the name and/or address of a building, use or person; and/or
(b) the activity carried out by that person, or at that location.
Item of information means:
(a) a syllable of a word, provided that the letters comprising the syllable are greater than
8 cm (3 inches) in height;
(b) an abbreviation of a word or words, provided that the letters are greater than 8 cm
(3 inches) in height;
(c) a symbol, logo, trademark or an emblem;
(d) any unconnected or discontinuous parts of a sign, regardless of their shape; and
(e) an irregular shape namely, a shape other than a square or a rectangle, if that irregular
shape forms the perimeter of the entire sign.
Where a square or rectangle forms the entire perimeter of a sign that square or rectangle
shall not be treated as an item of information as shown in Figure 5.6.2.
Figure 5.6.2
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Village of Cowley Land Use Bylaw No. 352
Memorial sign means a tablet, plaque or sign commemorating a person, event, structure or
site.
Official sign means an election sign or a sign erected by a public authority or a government
agency or department.
Off-premise sign means a sign pertaining to a use, development or activity, where the sign is
located on an area of land that is different and separate from the lot or parcel upon which the
use, development, or activity is located.
Portable sign means a sign supported on a structure or a trailer so that it can be easily and
readily moved. Three common examples of a portable sign are shown in Figure 5.6.3 below.
Figure 5.6.3
Principal frontage wall means the facade or exterior wall of a building that faces or adjoins a
principal front property boundary.
Projecting sign means:
(a) any sign except a canopy sign which extends more than 0.3 m (1 ft.) horizontally from
the wall of the building to which it is attached; and
(b) a sign where the sign area projects not more than 50 percent above the exterior wall to
which the sign is attached.
Roof sign means any sign which is placed on, above, or is incorporated as part of a roof, or
which projects more than 50 percent in area, above the roof or parapet of a building.
Signable wall area means a continuous portion of the exterior wall of a building that is
unbroken by doors or windows.
Sign means an outdoor visual device and its structure and component parts, intended to
identify, advertise or call attention to any matter, object, event or person having to do with a
use on the lot or parcel on which the sign is located.
Village of Cowley Land Use Bylaw No. 352
Page 115
Window sign means a permanent sign that is stencilled, painted or otherwise attached to the
interior of a window so that it can be seen from the exterior of a building through a window.
2.
APPLICATION AND SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
(a) Part 5.6 of Schedule 5 applies to all signs and billboards except:
(i)
those signs and billboards which do not require a permit in accordance with
Schedule 3, and
(ii) signs in respect of a Home Occupation which are addressed in Schedule 9.
(b) All signs require a development permit except those signs and billboards which are
described in Schedule 3.
3.
INFORMATION REQUIREMENTS
(a) In addition to the information which may be or shall be submitted with a development
application in accordance with Schedule 4, the MDA or the development officer may
require that a development application for a sign be accompanied by photographs
and/or drawings drawn to a scale of 1:100 or larger showing:
(i)
the size, height and dimensions of the sign including the size, height and
dimensions of any supporting structure;
(ii) the extent of the sign's projection, if any, from its supporting structure;
(iii) the manner and nature of the sign's illumination and/or animation, if any;
(iv) the proposed finish of the sign; and
(v) the method of supporting or attaching the sign to a building or structure.
(b) Unless otherwise required by the development officer or the MDA a development
application for a freestanding sign shall be accompanied by a site plan drawn at a scale
of 1:100 or 1:200 showing the location of the proposed sign with respect to property
boundaries.
4.
BILLBOARDS PROHIBITED
Billboards shall be prohibited within the Village of Cowley, unless the billboard is an official
sign, as defined in section 1 above.
5.
PROJECTING SIGNS PROHIBITED
Projecting signs shall be prohibited within the Village of Cowley.
6.
GENERAL RESTRICTIONS - ALL SIGNS
(a) Unless expressly exempted by section 6(b), a sign shall not be:
(i)
placed on the ground or attached to any object in a public roadway;
(ii) allowed if, in the opinion of the development officer or the MDA, the sign:
- obstructs the vision of vehicular traffic, or
- confuses or interferes with the interpretation of any traffic sign, signal or device;
(iii) allowed if it utilizes or employs revolving or flashing or intermittent lights or
beacons, or emits amplified sounds or music;
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Village of Cowley Land Use Bylaw No. 352
(iv) allowed if it is attached to a vehicle or trailer which is parked or located for the
primary purpose of displaying the sign in the opinion of the MDA or the
development officer, or
(v) allowed unless the message on the sign relates to the use of the lot or parcel on
which the sign is located.
(b) Flashing lights may be allowed on a sign, provided that the sign:
(i)
complies with this schedule and would otherwise be allowed by the MDA,
(ii) pertains to an entertainment establishment which features live entertainment or
motion pictures, and
(iii) the sign is appropriate for its location, in the opinion of the MDA having regard to
nearby safe traffic movements and land use, especially residential land use.
(c) The development officer or the MDA may require that any sign shall be unilluminated
and an identification sign only.
(d) The design of all signs and their quality of construction shall be satisfactory to the
development officer or the MDA.
(e) Not more than the maximum number of signs per use or development as stated below,
shall be allowed in association with a conforming use:
District
Maximum No. of Signs
Interior Lot
Maximum No. of Signs
Corner Lot
C1
3
4
C2
3
4
I
3
4
R1
1
2
R2
1
1
POS
As required by the MDA.
As required by the MDA.
PI
1
2
TUR
As required by the MDA.
As required by the MDA.
DC
As required by Council.
As required by Council.
(f)
Where more than one sign is proposed or associated with a use or development in a
C1, C2, or I district, the total area of all signs shall not exceed the following:
District
Maximum Area
Interior Lot
Maximum Area
Corner Lot
m2
sq. ft.
m2
sq. ft.
C1
15
161.5
18
193.8
C2
21
226.0
23
247.6
I
15
161.5
18
193.8
Village of Cowley Land Use Bylaw No. 352
Page 117
7.
GENERAL GUIDELINES - ALL SIGNS
(a) Prior to issuing a development permit for a sign the development officer or the MDA
shall have regard to the following guidelines:
(i)
as a general rule, but subject to section 7(b) below, a sign should not contain nor
convey more than 12 items of information;
(ii) not more than 12 items of information should be conveyed via signage to any
given public roadway; and
(iii) except where a sign is comprised of individual letters, the copy area of a sign
should not exceed 60 percent of the area of a sign, and the remaining area should
be background.
(b) The guideline stated in sections 7(a)(i) and (ii) does not apply to:
(i)
an entertainment establishment which features live entertainment or motion
pictures, or
(ii) a use or a development which has a particularly long name, in which case the total
items of information should not exceed fifteen.
8.
ENCROACHMENT AGREEMENT
Where a sign will project more than 0.3 m (1 ft.) from a building onto a public roadway, lane
or sidewalk, no development permit shall be issued unless the owner of the sign has entered
into an encroachment agreement with the village.
9.
CANOPY, MARQUEE OR AWNING SIGNS
9.1 Permitted and Discretionary Canopy, Marquee or Awning Signs
(a) Canopy, marquee or awning signs shall be permitted in association with
conforming uses in the C1, C2, and I districts only, and provided that:
(i)
such signs are attached to the principal frontage wall, and
(ii) they comply with the requirements in section 9.2.
(b) Canopy, marquee or awning signs shall be discretionary in all other districts and
circumstances not identified in section 9.1(a) above, and these signs may be
approved provided they comply with the requirements in sections 9.2 and 9.3.
9.2 Regulations for All Canopy, Marquee or Awning Signs
(a) Canopy, marquee or awning signs shall be identification signs only.
(b) Canopy, marquee or awning signs shall be painted, stencilled or otherwise form an
integral part of the canopy, marquee or awning to which they are attached.
(c) If a canopy, marquee or awning encroaches or will encroach onto public property,
the canopy, marquee or awning, or the sign attached to any of them, shall not be
approved unless the applicant has entered into an encroachment agreement in
accordance with section 8.
(d) A canopy, marquee or awning shall not project more than 1.8 m (6 ft.) over a public
sidewalk nor within 0.9 m (3 ft.) of a curb adjoining the carriageway of a public
roadway.
(e) A canopy or similar structure shall be at least 2.4 m (8 ft.) above grade and shall
not be supported by an "A" frame as shown in Figure 5.6.4.
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Village of Cowley Land Use Bylaw No. 352
Figure 5.6.4
9.3 Regulations for Discretionary Canopy, Marquee or Awning Signs
Subject to section 9.2 and the provisions of this schedule, a discretionary canopy,
marquee or awning sign may be allowed, and such signs may be attached to a wall
other than a principal frontage wall provided that, in the opinion of the MDA:
(a) the use for which the sign is proposed requires or merits identification, and
(b) the canopy, marquee or awning and the attendant sign are appropriate for their
intended location.
10. FASCIA SIGNS
10.1 Permitted and Discretionary Fascia Signs
(a) Fascia signs shall be permitted in association with conforming uses in the C1,
C2, and I districts only, and provided that:
(i)
such signs are attached to the principal frontage wall,
(ii) such signs pertain to a use or a development located on the first storey of a
building, and
(iii) such signs comply with the requirements in section 10.2.
(b) Fascia signs shall be discretionary in all other districts and circumstances not
identified in section 10.1(a) above, and these signs may be approved provided
they comply with the requirements in sections 10.2 and 10.3.
Village of Cowley Land Use Bylaw No. 352
Page 119
10.2 Regulations for All Fascia Signs
(a) A fascia sign shall be located within a signable wall area.
(b) Not more than one fascia sign shall be located on an exterior frontage wall for
each particular use, subject to 10.2(c), (d) and (e) below.
(c) If a use only occupies a second or subsequent storey of a building, a fascia sign
for that use above the first storey shall be discouraged and a window sign shall
be encouraged but if it is impractical or impossible to provide a window sign or a
fascia sign below the second storey, then a fascia sign above the first storey may
be approved provided that:
(i)
the sign shall be located no higher than 5.5 m (18 ft.) above grade or the sill
of the third storey window, whichever is greater,
(ii) the sign does not exceed 40 percent of the signable wall area between the
bottom of the second storey and the height referred to in 10.2(c)(i) above,
and
(iii) the MDA considers it reasonable and appropriate to approve the sign.
(d) The total area of one or more fascia signs shall not exceed 15 percent of the
exterior wall of a building or 40 percent of the signable wall area, whichever is
less if the use pertaining to the sign is located:
(i)
on the first floor of a single-storey building, or
(ii) on the first and subsequent storeys of a multi-storey building.
(e) If a building is divided into units so that some or all of the units have individual
frontages, individual fascia signs for each individual unit shall not exceed 15
percent of the wall area of that particular unit or 40 percent of that unit's signable
wall area, whichever is less.
10.3 Regulations for Discretionary Fascia Signs
Subject to section 10.2 and the provisions of this schedule, a discretionary fascia sign
may be allowed, and such signs may be attached to a wall other than a principal
frontage wall provided that, in the opinion of the MDA:
(a) the use for which the sign is proposed requires or merits identification, and
(b) the sign is appropriate for its intended location.
11. FREE-STANDING SIGNS
11.1 Permitted and Discretionary Free-Standing Signs
(a) Free-standing signs shall be permitted in association with conforming uses in the
C2, and I districts only provided that:
(i)
not more than one free-standing sign shall be allowed per building,
(ii) no part of a free-standing sign shall overhang or project beyond the lot
boundary to which it relates,
(iii) the sign complies with the requirements in section 11.2.
(b) Free-standing signs shall be discretionary in all other districts and circumstances
not identified in section 11.1(a) above, and these signs may be approved
provided they comply with the requirements in sections 11.2 and 11.3.
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Village of Cowley Land Use Bylaw No. 352
11.2 Regulations for All Free-Standing Signs
(a) Free-standing signs, in the district specified, shall not exceed the following height
and area limitations:
Maximum Height
Maximum Area
District
m
ft.
m2
sq. ft.
C1
1.2
4
3.0
32
C2
10.1
33
14.9
160
I
7.6
25
10.2
110
R1
1.2
4
3.0
32
R2
1.2
4
3.0
32
POS
1.5
5
3.0
32
PI
1.2
4
3.0
32
TUR
As required by the MDA.
DC
As required by council.
(b) The area of pylons, supports and structural members shall be computed as part
of the area of a free-standing sign if in the opinion of the development officer or
the MDA:
(i)
they carry copy,
(ii) they are constructed so that they form part of the message or
advertisement, or
(iii) they add unnecessarily to the size or bulk of the sign or its structure.
(c) Copy on a free-standing sign shall not be located within 2.4 m (8 ft.) of grade if
the sign exceeds 6.1 m (20 ft.) in height.
(d) In the C1 district, notwithstanding section 11.2(a) a free-standing sign exceeding
1.2 m (4 ft.) in height shall be allowed provided that:
(i)
the building to which the sign relates is setback at least 9.1 m (30 ft.) from a
public roadway other than a lane, and
(ii) the sign shall not exceed 4.9 m (16 ft.) in height and 5.1 m2 (55 sq. ft.) in area.
(e) Free-standing signs in the R1, R2, POS and PI districts:
(i)
shall be identification signs only, and
(ii) may be artificially illuminated provided that light colour is white, and
illumination is to the satisfaction of the development officer or the MDA.
11.3 Regulations for Discretionary Free-Standing Signs
(a) Subject to section 11.2 and the provisions of this schedule, a discretionary free-
standing sign may be allowed provided that, in the opinion of the MDA:
(i)
the use for which the sign is proposed requires or merits identification, and
(ii) the sign is appropriate for its intended location.
(b) Notwithstanding section 11.1(a)(i) a second free-standing sign may be allowed
on a corner lot provided that not more than one free-standing sign shall be
allowed along each frontage.
Village of Cowley Land Use Bylaw No. 352
Page 121
12. PORTABLE SIGNS
12.1 Portable Signs - Discretionary Use
A portable sign shall be treated as a discretionary use, and may be allowed in
association with a conforming use in the C1, C2, and I districts only provided that:
(a) such a sign complies with the provisions in section 12.2 and the provisions of this
schedule, and
(b) the MDA considers it reasonable and appropriate to approve such a sign.
12.2 Portable Sign Regulations
(a) A development permit for a portable sign shall be valid for not more than 30 days
from the date of its issue notwithstanding any other provision of this bylaw.
(b) On the expiry of a development permit for a portable sign, the sign shall be
removed within 5 days.
(c) Following the expiry of a development permit for a portable sign, another permit
on the same parcel or lot shall not be issued for at least 60 days, even if the lot or
parcel contains more than one use or development.
(d) Not more than one portable sign shall be allowed on any given lot or parcel at
one time, even if that lot or parcel contains more than one use or development.
(e) If the structure or trailer supporting a portable sign have been modified in any
manner or, if a portable sign or any portion thereof has been or is proposed to be
attached to a free-standing structure or to the ground, the sign is nevertheless
deemed to be discretionary and subject to the approval of the MDA.
(f)
A portable sign may be artificially illuminated provided that:
(i)
the illumination is provided via internal lighting within the sign,
(ii) the sign does not employ or provide flashing or intermittent lighting, and
(iii) the illumination is to the satisfaction of the development officer or the MDA.
(g) The maximum area of a portable sign shall be 4.6 m2 (50 sq. ft.).
(h) The maximum height of a portable sign shall be 3.7 m (12 ft.) above grade.
13. ROOF SIGNS
13.1 Roof Signs - Discretionary Use
A roof sign shall be treated as a discretionary use and may be allowed in association
with a conforming use in the C1, C2, and I districts only provided that:
(a) such a sign complies with the provisions in section 13.2 and the provisions of this
schedule, and
(b) the MDA considers it reasonable and appropriate to approve such a sign.
13.2 Roof Sign Regulations
(a) A roof sign shall not project more than 4.0 m (13 ft.) above the peak or the highest
point of a roof.
(b) A roof sign shall not exceed 10.2 m2 (110 sq. ft.) in area.
(c) If a roof sign is located entirely above the peak or the highest point of a roof,
such a roof sign shall not be allowed unless it is located in the I district.
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Village of Cowley Land Use Bylaw No. 352
(d) Roof signs shall be disallowed, where in the opinion of the MDA:
(i)
alternate types of signage would be more appropriate,
(ii) existing signage on or in relation to a building or use already displays 12 or
more items of information along its principal frontage,
(iii) the roof sign is oriented towards a public roadway other than the roadway
which adjoins the building's principal frontage, or
(iv) the roof sign may have a detrimental impact on the use and enjoyment of
adjoining or nearby land uses.
(e) Roof signs and their attendant structure shall not be placed on or attached to the
sloped portion of a roof, but such signs may be placed on the sloped portion of a
mansard roof.
(f)
Unless otherwise expressly allowed by the MDA, a roof sign shall be separated
from another roof sign by a minimum distance of 100.6 m (330 ft.), measured
horizontally.
Village of Cowley Land Use Bylaw No. 352
Page 123
PART 5.7 - WIND ENERGY CONVERSION SYSTEMS (WECS)
1.
DEFINITIONS
The following definitions apply to this part:
Blade means an element of a 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.
Horizontal axis rotor means a wind energy conversion system, typical of conventional or
traditional windmills, where the rotor is mounted on an axis parallel to the earth's surface.
Overspeed control means a device which prevents excessive rotor speed.
Rotor's arc means the largest circumferential path travelled by a WECS' blade.
Total height means the height from grade to the highest vertical extension of a WECS. In the
case of a WECS with a horizontal axis rotor, total height includes the distance from grade to
the top of the tower, plus the distance from the top of the tower to the highest point of the
rotor's arc.
Tower means the structure which supports the rotor above grade.
Vertical axis rotor means a wind energy conversion system where the rotor is mounted on an
axis perpendicular to the earth's surface.
2.
INFORMATION REQUIREMENTS
Unless otherwise allowed by the MDA, all development applications for a WECS shall be
accompanied by:
(a) an accurate site plan showing and labelling the information outlined in Schedule 4,
section 2.1(a)(i) through (iv) inclusive, and the location of overhead utilities on or
abutting the subject lot or parcel;
(b) photographs (if available) and scale elevations of the proposed WECS showing total
height, tower height, rotor diameter and colour;
(c) the manufacturer's specifications indicating:
(i)
the WECS rated output in kilowatts;
(ii) safety and noise characteristics;
(iii) tower and rotor integrity;
(iv) type of material used in tower, blade and rotor construction;
(v) potential for electromagnetic interference;
(vi) whether or not automatic and manual overspeed controls are provided;
(vii) specifications on the foundations and anchor design, including location and
anchoring of any guy wires;
(viii) provisions for grounding and lightning protection;
(ix) manufacturer's instructions for assembling, installing, starting-up and maintaining
the WECS;
(x) whether or not the WECS or any part thereof is CSA approved; and
(xi) whether or not the applicant intends to interconnect the WECS with the public
electrical utility system.
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Village of Cowley Land Use Bylaw No. 352
3.
REFERRALS
Before making a decision on a development application for a WECS, the MDA shall solicit
and consider the comments of the following agencies and departments:
(a) Alberta Labour,
(b) TransAlta Utilities,
(c) Aviation Division of Alberta Transportation and Utilities, and
(d) Civil Aviation Branch of Transport Canada.
4.
SETBACKS
4.1 General Setbacks
A WECS shall comply with all the setbacks that govern the principal use in the district in
which it is located.
4.2 Special Setbacks
(a) Where, in the opinion of the MDA, the setbacks referred to in 4.1 above are not
sufficient to reduce the obtrusive impact of a WECS from a public roadway or a
primary highway, the MDA may increase the required setback by 45.7 m (150 ft.) or
more.
(b) A WECS shall be located so that the horizontal distance measured at grade from
the tower to any property boundary is at least 1.25 times the total height of the
WECS.
5.
MINIMUM BLADE CLEARANCE
The minimum vertical blade clearance from grade shall be 3.0 m (10 ft.) for a WECS
employing a horizontal axis rotor unless otherwise required by the MDA.
6.
TOWER ACCESS AND SAFETY
To ensure public safety, the MDA may require that:
(a) A WECS tower shall be surrounded by a security fence with a lockable gate not less
than 1.8 m (6 ft.) in height;
(b) no ladder or permanent tower access device shall be located less than 3.7 m (12 ft.)
from grade;
(c) a locked device shall be installed on the tower to preclude access to the top of the
tower;
(d) any one or more of the above be provided, or such additional safety mechanisms or
procedures be provided as the MDA considers reasonable and appropriate.
7.
COLOUR AND FINISH
(a) Unless otherwise required by the MDA, subject to 7(b) below, a WECS shall be finished
in a non-reflective matte and colour which minimizes the obtrusive impact of a WECS to
the satisfaction of the MDA.
(b) A WECS may be required to be marked as an aircraft obtrusion in accordance with
Transport Canada's regulations and the relevant CSA standards.
Village of Cowley Land Use Bylaw No. 352
Page 125
PART 5.8 - RECREATIONAL VEHICLES
1. A recreational vehicle is not considered a dwelling unit and is not to be used for
permanent residential living accommodation on any parcel within any land use district in
the municipality.
2. A recreational vehicle shall not be used or stored on undeveloped parcels that do not
have a principle building on the site. The exception to this may be made in instances
where:
(a) the parcel has an approved development permit for Outside storage and the intent is
the recreational vehicles are strictly being stored on the property, or as a commercial
business that rents or leases a space to the public to store their units off-site when
not in use; or
(b) the construction circumstances are present to subject to the criteria stipulated in
subsection (8).
3. No more than two licensed recreational vehicles may be stored on a commercial or
industrial parcel which contains a principal building, which may not be part of an outside
storage use development permit and without the requirement for a development permit,
but the recreational vehicle shall not be used as a residential living accommodation or as
a permanent dwelling.
4. No more than two licensed personal recreational vehicles may be stored on the owner's
residential parcel which contains a habitable dwelling without the requirement for a
development permit, but the recreational vehicle shall not be used as residential living
accommodation or as a permanent dwelling.
5. In no instance shall recreational vehicles be parked or stored on vacant lots designated
as General Residential (R1) or Mobile Home Residential (R2) under the land use bylaw
that do not contain a habitable residential dwelling, with the exception of the
circumstances subject to the criteria stipulated in subsection (8).
6. A municipal or commercial Campground or RV Park within the Village operating with an
approved development permit is allowed to have guests to temporarily stay more than 21
days in a given calendar year as seasonal use, but the recreational vehicles are not
permitted to be used for long-term use (defined at more than 150 days in a given
calendar year) or as a permanent residence or dwelling unit.
7. In no instance shall any recreational vehicle openly discharge sewage waste or grey
water onto land, laneways, or public road rights-of-way within the municipality.
8. No more than two licensed personal recreational vehicles may be allowed to temporarily
house construction workers or lot owners actively engaged on a construction project that
has an approved development permit within the Village of Cowley subject to the following
criteria:
(a) the recreational vehicle(s) shall not be placed on site until the issued permit for the
construction takes effect;
(b) the period of use shall not exceed 9-months unless otherwise authorized by the
Municipal Planning Commission. The 9-months starts on the issued permit's specific
date of effect;
(c) no open discharge of sewage and grey water shall be allowed; and
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Village of Cowley Land Use Bylaw No. 352
(d) the recreational vehicles used by the workers or owners for accommodation use must
be removed without delay from the lot once the construction has completed or after
9-months, whichever event occurs first. For the purpose of this provision,
construction completion is defined as occupancy being granted by the Building
Inspector.
Schedule 6
LANDSCAPING AND SCREENING
Village of Cowley Land Use Bylaw No. 352
Page 127
Schedule 6
LANDSCAPING AND SCREENING
1.
Prior to final consideration of a development application, the MDA or the development officer
may require the applicant to submit a landscaping plan to the satisfaction of the MDA or the
development officer in accordance with Schedule 4.
2.
As a condition of issuing a development permit, the development officer or the MDA may
require:
(a) that a lot or parcel or any portion thereof shall be landscaped and/or screened to the
satisfaction of the development officer or the MDA;
(b) that any landscaping shall be completed within a period of time as specified in a
development permit; and
(c) that the applicant post a security in accordance with Schedule 8 to ensure that the
matters referred to in 2(a) and (b) above are carried out.
Schedule 7
ACCESS AND OFF-STREET PARKING AND LOADING
Village of Cowley Land Use Bylaw No. 352
Page 129
Schedule 7
ACCESS AND OFF-STREET PARKING AND LOADING
1.
ACCESS TO LOTS OR PARCELS
(a) Vehicular exits and entrances shall be subject to the approval of the development
officer or the MDA.
(b) A vehicular exit or entrance shall be located at least 6.1 m (20 ft.) from the intersection
of two streets, and the development officer, or the MDA may require a greater distance
where either considers it reasonable and appropriate to do so.
(c) A vehicular exit or entrance to a corner lot shall be limited to locations along the minor
residential street.
2.
SHARED ACCESS DRIVEWAYS
The MDA may require that vehicular exits or entrances are located so that they can be
shared with adjoining lots or development.
3.
SURFACING OF ACCESS DRIVEWAYS AND PARKING AREAS
The development officer or the MDA may require that all access driveways and all parking
areas shall be paved or otherwise hard-surfaced to their satisfaction.
4.
APPLICATION OF OFF-STREET PARKING REQUIREMENTS
Each use or building shall provide and maintain the number of parking spaces required in
Table 7.1, unless otherwise allowed by the MDA.
5.
LOCATION OF PARKING SPACES
(a) A parking space required by this Schedule shall be located:
(i)
on the same lot as the use or building for which it is required;
(ii) on a lot abutting the lot containing the use for which parking is required provided
that:
- both lots are a single parcel and contained in the same Certificate of Title; and
- both lots are described in a plan of subdivision that was registered prior to July 1,
1950.
(b) Where required parking will be provided on a lot abutting a lot for which parking is
required and that abutting lot is either:
(i)
described in a separate certificate of title; or
(ii) contained in a plan of subdivision that was registered after July 1, 1950;
then the MDA, as a condition of issuing a development permit shall require that both
lots are consolidated into one lot by plan of subdivision or descriptive plan, as
appropriate.
(c) In a commercial or industrial district, where required parking will be provided on a lot
that does not abut the lot for which parking is required, the MDA, as a condition of
development approval and in consultation with the planning advisor, may require that a
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Village of Cowley Land Use Bylaw No. 352
restrictive covenant shall be registered against the lot to ensure that the lot is not
disposed of, and that the required parking is maintained for the use or development for
which it is required.
(d) Parking areas or parking shall not be permitted:
(i)
within the front yard area as defined by front yard setbacks, unless otherwise
expressly provided in a land use district; and
(ii) within the mandatory landscaped area, where such an area is required by a land
use district.
6.
GENERAL REQUIREMENTS FOR PARKING
(a) Parking areas or lots shall be constructed in a manner which will permit adequate
drainage, snow removal and maintenance to the satisfaction of the MDA.
(b) The MDA may require that parking spaces for any use be provided in a parking lot
which has limited access to a street.
(c) A stacked parking arrangement as described in section 6(d) below, shall be strictly
prohibited, where a stacked arrangement is proposed to meet the minimum parking
space requirements of this schedule, except as provided in section 6(e).
(d) A stacked parking arrangement, as referred to in section 6(c) above, means a parking
arrangement where two or more vehicles are parked in tandem, without a parallel and
abutting aisle, laneway or manoeuvring space, so that one or more vehicles must be
moved before the remaining vehicle or vehicles can enter or exit from their parking
space.
(e) A stacked parking arrangement shall be permitted:
(i)
for all dwellings containing only one or two dwelling or sleeping units, and
(ii) for those dwellings or uses identified in Table 7.1,
provided that parking spaces shall not be stacked so that more than two cars would be
parked in tandem.
(f)
The MDA or the development officer may require:
(i)
that oversized parking spaces for handicapped parking be provided in accordance
with the size requirements in Figure 7.1, and
(ii) that designated handicapped parking shall comprise at least 5 percent of the
required number of parking spaces to a maximum number of 10 parking spaces.
(g) All parking spaces shall be in accordance with the minimum dimensions as stated
below and as shown in Figures 7.1 and 7.2, subject to section 6(h) and section 8 below.
Type of Parking Space
Width
Length
Overhead
Clearance
m
ft.
m
ft.
m
ft.
Standard Size
- parallel parking spaces, or spaces
with direct access onto a lane
2.7
9
7.0
23
2.1
7
- all other spaces
2.7
9
6.1
20
2.1
7
Village of Cowley Land Use Bylaw No. 352
Page 131
Type of Parking Space
Width
Length
Overhead
Clearance
m
ft.
m
ft.
m
ft.
Recreation Vehicle or
Handicapped Parking
- parallel parking spaces or spaces
with direct access onto a lane
3.7
12
7.0
23
3.0
10
- all other spaces
3.7
12
6.1
20
3.0
10
Figure 7.1
(h) Where a parking space parallels a wall or door, or where a parking space abuts a
column or similar obstruction, the minimum width of the parking space shall be
increased by 0.3 m (1 ft.)
7.
HANDICAPPED AND RECREATIONAL VEHICLE PARKING
(a) The MDA may require oversized parking spaces for handicapped or recreational vehicle
parking where the MDA considers it reasonable and appropriate to do so, subject to the
minimum dimensions specified in section 6(a) above.
(b) Handicapped parking spaces shall be:
(i)
located closest to the entrance of the building for which they are intended;
(ii) identified by a sign; and
(iii) identified by pavement markings if the parking surface is paved, to the satisfaction
of the MDA or the development officer.
8.
OVER-SIZED VEHICLE PARKING AND MANOEUVRING AISLES
Notwithstanding the minimum parking space and manoeuvring aisle dimensions specified in
section 6(g) above, and section 9 below, where a use or a development such as a truck
stop, a bulk fuel station or any other use will accommodate over-sized vehicles such as
semi-trailers, large recreation vehicles, buses and similar vehicles the MDA may:
Page 132
Village of Cowley Land Use Bylaw No. 352
(a) refer the development application to the planning advisor for evaluation and comment;
and
(b) require larger parking space and manoeuvring aisle dimensions than are specified in
this schedule.
9.
MANOEUVRING AISLES AND DRIVEWAY WIDTHS
(a) All manoeuvring aisles shall be in accordance with the minimum dimensions as stated
below and as shown in Figure 7.2, subject to section 9(b) below:
Parking Space Angle
Aisle Width
m
ft.
90°
7.0
23
60°
5.5
18
45° or less
4.0
13
(b) Manoeuvring aisles and driveways:
(i)
serving as fire lanes shall be at least 6.1 m (20 ft.) wide;
(ii) serving two-way truck movements shall be at least 9.1 m (30 ft.) wide;
(iii) serving all conventional two-way traffic movements shall be at least 7.0 m (23 ft.)
wide.
10. LOADING SPACE REQUIREMENTS
(a) One loading space shall be provided for each loading door in a commercial or an
industrial district.
(b) The location of all loading spaces shall be to the satisfaction of the development officer
or the MDA, but no loading space shall be located in a landscaped area, where such an
area is required by a land use district.
(c) The minimum dimensions for a loading space shall be as follows, subject to section
10(d) below:
(i)
width 3.0 m (10 ft.),
(ii) length 9.1 m (30 ft.), and
(iii) overhead clearance 4.0 m (13 ft.).
(d) The MDA may require loading spaces with larger dimensions than those specified in
section 10(c) where the MDA considers it reasonable and appropriate to do so, having
regard to the size of the vehicles which will likely utilize the loading space.
Village of Cowley Land Use Bylaw No. 352
Page 133
Table 7.1
Use
Minimum Number of Parking Spaces Required
(GFA = Gross Floor Area)
Amusement facility:
- bowling alley components
4 spaces/alley plus 1 space/20 m2 (215 sq. ft.)
of other space
- bingo hall components
1 space/5.1 m2 (55 sq. ft.) of patron seating or
standing space
- billiard parlour and exercise components
1 space/10.2 m2 (110 sq. ft.) GFA
- other components
1 space/20 m2 (215 sq. ft.) GFA
Animal care service, large and small
1 space/51.1 m2 (550 sq. ft.) GFA
Apartment Dwelling:
- dwelling units with less than 2 bedrooms
1.25 spaces/unit
- dwelling units with 2 or more bedrooms
1.5 spaces/unit
Auction mart
1 space/65 m2 (700 sq. ft.) GFA
Autobody and/or paint shop
1 space/46.5 m2 (500 sq. ft.) GFA
Automotive repair and service
1 space/46.5 m2 (500 sq. ft.) GFA
Bulk fuel station (excluding area of storage
facilities and tanks)
1 space/65 m2 (700 sq. ft.) GFA
Club and fraternal organization
(meeting, assembly, eating, drinking and
entertainment components)
1 space/5.1 m2 (55 sq. ft.) of patron dining,
beverage, seating or standing space plus 1
parking space per employee
Construction supply and contractors
1 space/65 m2 (700 sq. ft.) GFA
Convenience store
1 space/30.2 m2 (325 sq. ft.) GFA
Drive-in restaurant
15 spaces or 1 space/5.1 m2 (55 sq. ft.) of
dining space, whichever is greater
Duplex
2 spaces/dwelling unit
Dwelling unit as a secondary use:
- in the C1 district
1 space/dwelling unit or such greater number
of spaces as may be required by the MDA
- in all other districts
2 spaces for the first dwelling unit*, and the
remaining units same as "Apartment
dwelling"
Equipment sales rental and service
1 space/51.1 m2 (550 sq. ft.) GFA
Exterior storage use
As required by the MDA
Page 134
Village of Cowley Land Use Bylaw No. 352
Use
Minimum Number of Parking Spaces Required
(GFA = Gross Floor Area)
Farm/industrial machinery sales, rental and
service
1 space/65 m2 (700 sq. ft.) GFA
Farm supplies and service
1 space/65 m2 (700 sq. ft.) GFA
Financial institution
1 space/41.8 m2 (450 sq. ft.) GFA
Fleet and transportation service major, minor
1 space/65 m2 (700 sq. ft.) GFA
Garden centre:
- retail component
1 space/30.2 m2 (325 sq. ft.) GFA
- warehouse component
1 space/65 m2 (700 sq. ft.) GFA
Group home or home care service
2 spaces minimum or 1 space/supervisor
whichever is greater
Hotel:
- guest room or suites
1 space/guest room or suite
- eating, drinking, entertainment and
convention (i.e. meeting and assembly)
components
1 space/10.2 m2 (110 sq. ft.) of patron dining,
beverage, seating or standing space
- personal service, office and retail
components
1 space/46.5 m2 (500 sq. ft.) GFA
Intensive horticultural operations or facilities
1 space/65 m2 (700 sq. ft.) GFA
Light industrial/manufacturing
1 space/55.7 m2 (600 sq. ft.) GFA
Medical and dental office
1 space/46.5 m2 (500 sq. ft.) GFA
Mobile home
2 spaces per unit
Mobile home sales and service
1 space/46.5 m2 (500 sq. ft.) GFA
Motel
Same as Hotel
Natural resource extractive use
As required by MDA
Noxious or hazardous industry
1 space/55.7 m2 (600 sq. ft.) GFA
Personal service use
1 space/20 m2 (215 sq. ft.) GFA
Public and institutional use:
All office components
1 space/46.5 m2 (500 sq. ft.) GFA
Churches or places of worship
1 space/5 seating spaces
Village of Cowley Land Use Bylaw No. 352
Page 135
Use
Minimum Number of Parking Spaces Required
(GFA = Gross Floor Area)
Commercial school:
- classroom components
1 space/18.6 m2 (200 sq. ft.) GFA
- personal service components
1 space/30.2 m2 (325 sq. ft.) GFA
Cultural facility:*
- components with fixed seats
1 space/10 seats
- other components
1 space/46.5 m2 (500 sq. ft.) GFA
Education facility:
- community use component
1 space/5.1 m2 (55 sq. ft.) of gymnasium and
community meeting space
- elementary and junior high schools,
classroom component
1 space/classroom
- senior high schools, classroom
component
1 space/classroom
- colleges and technical schools,
classroom component
1 space/10 seats
Medical and health facilities:
- hospitals
1 space/bed
- auxiliary hospitals
1 space/3 beds
- nursing homes and sanatoriums
1 space/5 beds
Public park or recreation use:
- sports facilities with fixed seats
1 space/5 seating spaces
- curling rink component
6 spaces/ice sheet
- racquetball, tennis and other court
components
3 spaces/court
- meeting, assembly or lounge area
components
1 space/5.1 m2 (55 sq. ft.) of patron seating or
standing space
Public Utility
As required by the MDA
Recycling facility:
- customer service component
1 space/30.2 m2 (325 sq. ft.) GFA
- all other components
1 space/65 m2 (700 sq. ft.) GFA
* Note: Cultural facilities include art galleries, libraries, museums, archives, interpretive centres and similar
developments related to artistic, literary, musical, historical or scientific events, displays, storage or
restoration.
Page 136
Village of Cowley Land Use Bylaw No. 352
Use
Minimum Number of Parking Spaces Required
(GFA = Gross Floor Area)
Restaurant
1 space/5.1 m2 (55 sq. ft.) of dining and
beverage space plus 1 space per
employee
Retail store
1 space/30.2 m2 (325 sq. ft.) GFA
Retail warehousing:
- retail component
1 space/30.2 m2 (325 sq. ft.) GFA
- warehouse component
1 space/65 m2 (700 sq. ft.) GFA
Rowhouse dwelling:
- dwelling units with fewer than 2
bedrooms
1.25 spaces/unit
- dwelling units with 2 or 3 bedrooms per
unit
1.5 spaces/unit
- dwelling units with more than 3
bedrooms per unit
1.75 spaces/unit
Salvage or waste disposal facility:
- customer service component
1 space/30.2 m2 (325 sq. ft.) GFA
Semi-detached dwelling
2 spaces/dwelling unit
Senior citizen housing
1 space/2.5 dwelling units
Service station
1 space/41.8 m2 (450 sq. ft.) GFA
Single-family dwelling
2 spaces
Triplexes and Fourplexes:
- dwelling units with less than 2 bedrooms
1.25 spaces/unit
- dwelling units with 2 or more bedrooms
1.5 spaces/unit
Truck stop:
- service station component
1 space/41.8 m2 (450 sq. ft.) GFA
- restaurant component
1 space/5.1 m2 (55 sq. ft.) GFA
- retail component
1 space/30.2 m2 (325 sq. ft.) GFA
- other components, including truck
parking and manoeuvring
As required by the MDA
Vehicle sales and rental uses
1 space/46.5 m2 (500 sq. ft.) GFA
Warehousing
1 space/65 m2 (700 sq. ft.) GFA
Village of Cowley Land Use Bylaw No. 352
Page 137
Figure 7.2
PARKING LAYOUT ALTERNATIVES-METRES
2.7m
5.8m
4.3m
7.3m
2.7m
2.7m
6.4m
4.3m
6.1m
4.3m
6.1m
4.3m
6.1m
6.1m
7.3m
6.1m
4.9m
3.4m
4.9m
4.3m
4.9m
4.9m
4.9m
7.3m
2.7m
2.7m
5.8m
5.8m
4.3m
2.7m
2.7m
5.8m
5.8m
7.3m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
2.7m
4.3m
6.4m
6.4m
6.4m
6.4m
60° two way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
30° two way-two aisle
45° two way-two aisle
60° one way-single aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
30° one way-one aisle
45° one way-single aisle
0.15m Raised Curb 0.5m From Wall
0.15m Raised Curb 0.45m From Wall
30° one way-two aisle
45° one way-two aisle
60° one way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
acadfile\blocks\parkingm
0.15m Raised Curb 0.45m From Wall
0.15m Raised Curb 0.45m From Wall
90° one way-single aisle
90° one way-two aisle
90° two way-two aisle
Page 138
Village of Cowley Land Use Bylaw No. 352
Figure 7.3
Schedule 8
SECURITIES
Village of Cowley Land Use Bylaw No. 352
Page 139
Schedule 8
SECURITIES
1.
The MDA, in accordance with this schedule and as a condition of issuing a development
permit, may require an applicant to provide a certified cheque, letter of credit or other
security to the municipality to ensure that a proposed development complies with the
development application as approved, the conditions of development approval and this
bylaw and the schedules thereto. Without restricting the generality of the preceding, the
MDA may require such security to ensure:
(a) that any building, development, landscaping, screening, building exteriors, access
roads or driveways, reclamation plans, parking areas and other matters are constructed
or developed in a manner satisfactory to the MDA and in accordance with any time
limits established by the MDA;
(b) that a temporary development is removed within the time limits established by the MDA;
and
(c) that any demolitions are undertaken and removed within the time limits established by
the MDA.
2.
Unless otherwise provided in this bylaw or the schedules thereto, the value of a security
referred to in section 1 above should not, as a general guideline, exceed 3 percent of the
total value of a development, but the MDA may specify a greater or lesser value as the MDA
considers reasonable and appropriate, to ensure that a development is completed to the
satisfaction of the MDA, and in accordance with this bylaw, the schedules thereto, the
development application as approved, and any conditions of development approval.
3.
When an applicant has completed his obligations to the satisfaction of the MDA, the MDA
shall refund or otherwise return the security, excluding any interest where the total accrued
interest is less than one dollar.
4.
The MDA may allow partial repayment or return of a security, as an applicant's development
nears completion, or under other circumstances, if the MDA considers it reasonable and
appropriate to do so.
Schedule 9
HOME OCCUPATIONS
Village of Cowley Land Use Bylaw No. 352
Page 141
Schedule 9
HOME OCCUPATIONS
1.
HOME OCCUPATION 1
The development officer is authorized, as provided for in this land use bylaw, to decide upon
any of the home occupations listed below as Home Occupation 1 only if:
(a) the use involves phone and office only,
(b) the use involves no outdoor storage,
(c) there is no display of goods on the interior of the residence,
(d) all sales occur off the premises,
(e) the use complies with the general standards found in part 3 of this schedule.
2.
HOME OCCUPATION 2
The MDA, as provided for in this land use bylaw, is to decide upon any of the home
occupations listed below as Home Occupation 2 only if:
(a) there is a limited volume of on-premises sales,
(b) the proposed storage is not exposed to public view,
(c) there is a limited display proposed for the inside of the building,
(d) the use complies with the general standards found in part 3 of this schedule.
3.
GENERAL STANDARDS
Home occupations may be permitted subject to the following conditions:
(a) Except with the approval of the MDA, no person other than the applicant shall be
engaged in such occupations on the premises.
(b) No variation from the external appearance and residential character of land or building
shall be permitted.
(c) No advertising sign shall be permitted, save as allowed by Schedule 5, Part 5.6.
(d) The use shall not be of a kind likely to generate traffic problems within the district.
(e) No offensive noise, vibration, smoke, dust, odours, heat or glare discernible beyond the
property lines shall be produced by the use.
(f)
The development permit shall be applicable only for the period of time the property is
occupied by the applicant.
(g) All permits issued for home occupations shall be subject to the condition that the permit
may be revoked at any time if, in the opinion of the MDA, the use is or has become
detrimental to the amenities of the neighbourhood.
(h) All home occupations are approved for a period not exceeding one year and will be
reviewed in December of each year.
Page 142
Village of Cowley Land Use Bylaw No. 352
(i)
Home occupations shall not include:
(i)
activities that use or store hazardous materials;
(ii) any use that would, in the opinion of the MDA, materially interfere with or affect the
use, enjoyment or value of neighbouring properties;
(iii) any use declared by resolution of council to be undesirable as a home occupation.
Schedule 10
FEE SCHEDULE
Village of Cowley Land Use Bylaw No. 352
Page 143
Schedule 10
FEE SCHEDULE
1.
Every application for a development permit shall be accompanied by a fee as set out in the
following schedule:
(a) Application for a Permitted Use ............................................................................... $25.00
(b) Application for a Discretionary Use .......................................................................... $75.00
(c) Application for Development Waivers ...................................................................... $75.00
(d) Application for a Land Use Bylaw Amendment...................................................... $250.00
(e) Request to convene a Special Meeting of Council, Municipal Development
Authority or Subdivision and Development Appeal Board ..................................... $400.00
(f)
Request for a Certificate of Compliance .................................................................. $25.00
(g) Appeal to the Subdivision and Development Appeal Board (may be refundable) ...... $75.00
(h) Architectural Control Reviews .................................................................................. $50.00
2.
In any case, where a required fee is not listed in the fee schedule, such fee shall be
determined by the designated officer or the Municipal Development Authority.
3.
The Municipal Development Authority may determine that the whole or any part of an
application fee may be returned to the applicant.
4.
When, in the opinion of the designated officer or the Municipal Development Authority, an
application is substantially revised, the applicant may be required to pay an additional
50 percent of the original fee prior to the consideration of the revised application.
5.
When a development has been commenced prior to a development application being made,
and the applicant subsequently submits an application, a fee may be charged that is double
the normal permit fee.
SIGNATURE PAGE
Village of Cowley Land Use Bylaw No. 352
Page 145
VILLAGE OF COWLEY
IN THE PROVINCE OF ALBERTA
LAND USE BYLAW NO. 352
READ a first time this 8th day of September, 1998.
_____________________________________
_____________________________________
Mayor - Dawn Davis
Municipal Administrator - Laurie Wilgosh
READ a second time this 15th day of September, 1998.
_____________________________________
_____________________________________
Mayor - Dawn Davis
Municipal Administrator - Laurie Wilgosh
READ a third time and finally PASSED this 15th day of September, 1998.
_____________________________________
_____________________________________
Mayor - Dawn Davis
Municipal Administrator - Laurie Wilgosh
DEVELOPMENT AUTHORITY BYLAW NO. 341
Village of Cowley Development Authority Bylaw No. 341
VILLAGE OF COWLEY
IN THE PROVINCE OF ALBERTA
DEVELOPMENT AUTHORITY BYLAW NO. 341
1.
BEING a bylaw of the Village of Cowley in the Province of Alberta to establish a municipal
Development Authority;
AND WHEREAS, the Municipal Government Act, Chapter M-26.1, 1994 as amended from
time to time requires the municipality to adopt a bylaw to establish a municipal Development
Authority by December 1, 1995;
AND WHEREAS, the Development Authority is authorized to make decisions on applications
for development approval in accordance with the administrative procedures, land uses and
schedules established in the municipal land use bylaw;
AND WHEREAS, this bylaw may be cited as the Village of Cowley Development Authority
Bylaw;
NOW THEREFORE, the Council of the Village of Cowley in the Province of Alberta duly
assembled, enacts as follows:
2.
DEFINITIONS:
(a) Act means the Municipal Government Act, Chapter M-26.1, 1994 as amended from
time to time.
(b) Authorized persons means a person or organization authorized by the council to
which the municipality may delegate any of its Development Authority powers, duties or
functions.
(c) Council means the Municipal Council of the Village of Cowley.
(d) Designated officer means a person or persons authorized to act as the designated
officer for the municipality as established by bylaw.
(e) Development Authority means the person or persons appointed, by bylaw, to exercise
only such powers and perform duties as are specified:
(i)
in the Act; or
(ii) in the Village of Cowley Land Use Bylaw; or
(iii) in this bylaw; or
(iv) by resolution of council.
(f)
Members means the members of the Development Authority.
(g) Municipal Planning Commission means the Municipal Planning Commission of the
Village of Cowley as established by bylaw.
(h) Municipality means the Village of Cowley in the Province of Alberta.
(i)
Secretary means the person or persons appointed by council to act as secretary of the
Development Authority.
(j)
All other terms used in this bylaw shall have the meaning as is assigned to them
in the Municipal Government Act, as amended from time to time.
Village of Cowley Development Authority Bylaw No. 341
3.
For the purpose of this bylaw, the Development Authority for the municipality shall be:
(a) the Municipal Planning Commission;
(b) the designated officer.
4.
The Development Authority shall be composed of not more than three persons who are
adult residents of the Village of Cowley.
5.
Appointments to the Development Authority shall be made by resolution of council.
6.
Appointments to the Development Authority shall be made for a term of three years.
7.
When a person ceases to be a member of the Development Authority before the expiration
of his term, council shall appoint another person for the unexpired portion of that term within
60 days of receiving notice of the vacancy.
8.
The members of the Development Authority shall elect one of themselves as chairman, and
one of themselves as vice-chairman to hold office for a term of one year from the date of
election.
9.
Each member of the Development Authority shall be entitled to such remuneration,
travelling, and living expenses as may be fixed from time to time by council; and the
remuneration, travelling, and living expenses shall be paid by the Village of Cowley.
10. The council may, by resolution, appoint a secretary who shall be an employee of the
municipality and shall attend all meetings of the Development Authority, but shall not vote on
any matter before the Development Authority.
11. The Development Authority shall hold regular meetings at least 12 times per year on a date
to be determined by the Development Authority, and it may also hold special meetings at
any time at the call of the chairman.
12. Two of the members of the Development Authority shall constitute a quorum.
13. The decision of the majority of the members present at a meeting shall be deemed to be the
decision of the whole Development Authority.
14. The Development Authority may make its orders, decisions, development permits, and
approvals; and may issue notices with or without conditions.
15. The Development Authority may make rules to govern its hearings.
16. Members of the Development Authority shall not be members of the Subdivision and
Development Appeal Board.
17. The secretary of the Development Authority shall attend all meetings of the Development
Authority and shall keep the following records with respect thereto:
(a) the minutes of all meetings;
(b) all applications;
(c) records of all notices of meetings and of persons to whom they were sent;
Village of Cowley Development Authority Bylaw No. 341
(d) copies of all written representations to the Development Authority;
(e) notes as to each representation;
(f)
the names and addresses of those making representations at the meeting;
(g) the decision of the Development Authority;
(h) the reasons for the decision of the Development Authority;
(i)
the vote of the members of the Development Authority on the decision;
(j)
records of all notices of decision and of persons to whom they were sent;
(k) all notices, decisions, and orders made on appeal from the decision of the Development
Authority;
(l)
such other matters as the Development Authority may direct.
18. When a person ceases to be a member of the Development Authority before the expiration
of his/her term the council may, by resolution, appoint another person for the unexpired
portion of that term.
19. This bylaw comes into effect upon the third and final reading thereof.
READ a first time this 21st day of August, 1995.
READ a second time this 21st day of August, 1995.
READ a third time and finally passed this 6th day of September, 1995.
The original bylaw including signatures is held at the Village of Cowley office.
SUBDIVISION AUTHORITY BYLAW NO. 345
Village of Cowley Subdivision Authority Bylaw No. 345
VILLAGE OF COWLEY
IN THE PROVINCE OF ALBERTA
SUBDIVISION AUTHORITY BYLAW NO. 345
1.
BEING a bylaw of the Village of Cowley in the Province of Alberta to establish a municipal
Subdivision Authority;
AND WHEREAS, the Municipal Government Act, Chapter M-26.1, 1994 as amended from
time to time requires the municipality to adopt a bylaw to establish a municipal Subdivision
Authority by December 1, 1995;
AND WHEREAS, the Subdivision Authority is authorized to make decisions on applications
for subdivision approval in accordance with the provincial land use policies, the subdivision
and development regulations, the local land use bylaw and statutory plans;
AND WHEREAS, this bylaw may be cited as the Village of Cowley Subdivision Authority
Bylaw;
NOW THEREFORE, the Council of the Village of Cowley in the Province of Alberta duly
assembled, enacts as follows:
2.
DEFINITIONS:
(a) Act means the Municipal Government Act, Chapter M-26.1, 1994 as amended from
time to time.
(b) Authorized persons means a person or organization authorized by council to which
the municipality may delegate any of its Subdivision Authority powers, duties or
functions.
(c) Council means the Council of the Village of Cowley.
(d) Member means a member of the Subdivision Authority.
(e) Municipality means the Village of Cowley in the Province of Alberta.
(f)
Secretary means the person or persons authorized to act as secretary for the
Subdivision Authority.
(g) Subdivision Authority means the board, person or organization established to act as
the Subdivision Authority.
(h) All other terms used in this bylaw shall have the meaning as is assigned to them
in the Municipal Government Act, as amended from time to time.
3.
For the purpose of this bylaw, the Subdivision Authority for the Village of Cowley shall be the
Council of the Village of Cowley.
4.
Appointments to the Subdivision Authority shall be made by resolution of council.
5.
Appointments to the Subdivision Authority shall be made for a term of three years.
Village of Cowley Subdivision Authority Bylaw No. 345
6.
The members of the Subdivision Authority shall elect one of themselves as chairman, and
one of themselves as vice-chairman to hold office for a term of one year from the date of
election.
7.
Each member of the Subdivision Authority shall be entitled to such remuneration, travelling,
and living expenses as may be fixed from time to time by council; and the remuneration,
travelling, and living expenses shall be paid by the Village of Cowley.
8.
The council shall, by resolution, appoint a secretary who shall be an employee of the
municipality and shall attend all meetings of the Subdivision Authority, but shall not vote on
any matter before the Subdivision Authority.
9.
The Subdivision Authority shall hold meetings as required.
10. Two of the members of the Subdivision Authority shall constitute a quorum.
11. The decision of the majority of the members present at a meeting shall be deemed to be the
decision of the whole Subdivision Authority.
12. The Subdivision Authority may make its orders, decisions, and subdivision approvals; and
may issue notices with or without conditions.
13. The Subdivision Authority may make rules to govern its hearings.
14. The Subdivision Authority, when considering an application for subdivision approval, is not
required to hold a hearing.
15. Members of the Subdivision Authority shall not be members of the Subdivision and
Development Appeal Board.
16. The secretary of the Subdivision Authority shall attend all meetings of the Subdivision
Authority and shall keep the following records with respect thereto:
(a) the minutes of all meetings;
(b) all applications;
(c) records of all notices of meetings and of persons to whom they were sent;
(d) copies of all written representations to the Subdivision Authority;
(e) notes as to each representation;
(f)
the names and addresses of those making representations at the meeting;
(g) the decision of the Subdivision Authority;
(h) the reasons for the decision of the Subdivision Authority;
(i)
the vote of the members of the Subdivision Authority on the decision;
(j)
records of all notices of decision and of persons to whom they were sent;
(k) all notices, decisions, and orders made on appeal from the decision of the Subdivision
Authority;
(l)
such other matters as the Subdivision Authority may direct.
Village of Cowley Subdivision Authority Bylaw No. 345
17. When a person ceases to be a member of the Subdivision Authority before the expiration of
his/her term the council may, by resolution, appoint another person for the unexpired portion
of that term.
18. This bylaw comes into effect upon third and final reading thereof.
READ a first time this 21st day of November, 1995.
READ a second time this 21st day of November, 1995.
READ a third time and finally passed this 21st day of November, 1995.
The original bylaw including signatures is held at the Village of Cowley office.
SUBDIVISION AND DEVELOPMENT
APPEAL BOARD BYLAW NO. 415
Bylaw 415
VILLAGE OF COWTEY
BYLAW # 4L5
CHINOOK INTERMUNICIPAL SUBDIVISION AND DEVETOPMENT APPEAL BOARD
A Bylaw of the Village of Cowley in the Province of Alberta, to establish an tntermunicipal
Subdivision and Development Appeal Board;
WHEREAS the Council of the Village of Cowley wishes to join other area municipalities to establish the
Chinook lntermunicipal Subdivision and Development Appeal Board;
WHEREAS the Chinook lntermunicipal Subdivision and Development Appeal Board is authorized to
render decisions on appeals resulting from decisions of a Subdivision Authority or a Development
Authority in accordance with the South Saskatchewan Regional Plan (SSRP), the Municipal Government
Act (MGA), the Subdivision and Development Regulation, the local Land Use Bylaw and statutory plans;
NOW THEREFORE, the Council of the Village of Cowley, Alberta, duly assembled, enacts as follows:
1.
TlTt-E
This bylaw may be cited as the Chinook lntermunicipalSubdivision and Development Appeal
Board Bylaw.
2.
AUTHORIZATION
Pursuant to section 627(1)(b) of the MGA, this bylaw hereby authorizes the municipality to enter
an agreement with the other participating municipalities to establish the chinook lntermunicipal
Subdivision and Development Appeal Board.
3.
DEFINITIONS
Appellant means the person who may file an appeal to the Board from decisions of a
Subdivision Authority or a Development Authority in accordance with the MGA.
Board means the Chinook lntermunicipal Subdivision and Development Appeal Board
established pursuant to this bylaw.
Page 1 of 7
WHEREAS the Municipal Government Act, RSA 2000, chapter M26 and amendments thereto, requires
the municipality to adopt a bylaw to establish a MunicipalSubdivision and Development Appeal Board
or an lntermunicipalSubdivision and Development Appeal Board;
Bylaw 415
Board Member means an appointed member of the Chinook lntermunicipal Subdivision and
Development Appeal Board appointed in accordance with this bylaw and who has obtained
provincial training and certification.
Board Panel means the group of appointed Board Members actively sitting to hear and decide
on an appeal at an appeal hearing.
Chair means the person elected from the Board panel members sitting to hear an appeal to act
as the person who presides over the hearing and the procedures.
Chief Administrative Officer (cAO) means the individual appointed to the position for the
municipality in accordance with the MGA.
clerk means the person or persons who has completed training and is certified by the province
and authorized to act as the administrative clerk for the Chinook lntermunicipal Subdivision and
Devetopment Appeal Board by the member municipality within which the appeal is held.
Conflict of lnterest means both Common Law Bias and Pecuniary lnterest.
Council means the Council of the (Municipality)
Development Authority has the same meaning as in the MGA.
Hearing means a public meeting convened before the Board acting as a quasi-judicial body to
hear evidence and determine the facts relatinB to an appeal of decisions of a Subdivision
Authority or a Development Authority, prior to the Board making a decision on the matter
subiect to the appeal.
Municipality means the municipal corporation of the Village of Cowley toBether with its
jurisdictional boundaries, as the context requires.
Panel Member means an individual Board member participating in the Sroup panel to hear an
a ppea I.
Participating municipality means a municipality in the Province of Alberta who has entered into
an agreement with other municipalities, as referred to in Section 2 of this bylaw, to establish the
Chinook lntermunicipal Subdivision and Development Appeal Board.
Procedural guidelines means the policies, processes and administrative matters applicable to
the filing of an appeal and conducting a hearing, and the roles, duties and conduct of Board
Members and Clerks.
Subdivision Authority has the same meaning as in the MGA.
Subdivision and Development Appeal Board has the same meaning as in the M6A.
Page 2 of 7
4
Bylaw 4L5
Quorum means the minimum number of Board panel members required to hear an appeal.
Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26, as amended from time to time.
Chinook lntermunicipal Subdivision and Development Appeal Board means the Board
established by agreement to act as the subdivision and Development Appeal Board.
All other terms used in this Bylaw shall have the meaning as is assigned to them in the
Municipal Government Act, as amended from time to time.
APPOINTMENT OF THE BOARD
1) The Board is comprised ofthe member representative(s) asappointed bythe participating
m unicipalities.
2) A municipality may participate in the Chinook lntermunicipal Subdivision and Development
Appeal Board without appointing individual representative(s) by utilizing the appointed Board
Members of the other participating member municipalities to act on the municipality's behalf as
its appeal body.
3) For each member municipality appointing individual Board Member representative(s) to the
Chinook lntermunicipal Subdivision and Development Appeal Board, the appointment shall be
made by resolution of Council. Appointed Board Members from a municipality shall consist of
not more than three (3) members, with no more than one (1) being an a elected official and the
othertwo(2) being non-elected officials who are persons at large. If two(2) or less persons are
appointed as members, they must be non-elected persons at large.
5) Appointments to the Chinook lntermunicipal Subdivision and Development Appeal Board shall
be made for a term of not more than three years. Reappointments must coincide with the
successful completion ofthe mandatory provincial refresher training course to be taken every
three (3) years.
6) Board Members may be appointed for a two (2) or three (3) year term, at the discretion of the
municipality, for the purpose of establishing a staggered expiration of terms amongst the Board
Members.
7) A Board Member may resign from the Chinook lntermunicipal Subdivision and Development
Appeal Board at any time by providing written notice to the municipality to that effect.
Page 3 of 7
4) For those member municipalities appointing individual representative(s) to the Board, the
remaining composition of the Board Panel Members shall be the appointed members from the
other municipalities of the Chinook lntermunicipal Subdivision and Development Appeal Board.
5
Bylaw 415
8) Where Council has appointed a Board Member representative(s) for the municipality, council
may remove its individual appointed Board Member representative(s) at any time if:
a. ln the opinion of Council, a Board Member is not performing his/her duties in
accordance with the MGA, this Bylaw or the rules of naturaljustice,
b. A Board Member is absent for more than three (3) consecutive hearinBs to which he/she
has been assigned to sit on the Board Panel without reasonable cause, or
c. A Board Member has participated in a matter in which that Board Member has a
Conflict of lnterest, contrary to the provisions of this Bylaw.
coMPostTtoN
1) The Board Membersof theChinook lntermunicipal Subdivision and Development Appeal
Board shall meet in Panels, and two (2) or more Panels may meet simultaneously. The
Panels have all the powers, duties and responsibilities of the Subdivision and Development
Appeal Board.
2) For the purpose of this Bylaw, the Boa rd Panel formed from theappointed membersofthe
chinook lntermunicipal Subdlvision and Development Appeal Board to hear an appeal, shall
normally be composed of not less than three (3) persons, with no more than one (1) being
an elected official.
3) Two (2) Board Members constitute a quorum ofthe Board Panel.
4) lf a vacancy of a n a ppointed Board member representative from a municipality sha ll occur
at any time, the municipality may appoint another person to fill the vacancy by resolution of
Co u ncil.
5) ln the absence of the municipal appointed member representative(s) of the municipality in
which the appeal originates being available to sit on a Panel, then the appointed Panel
Member representative(s) from the other municipalities of the Chinook lntermunicipal
Subdivision and Development Appeal Board shall form the composition of the Board Panel
to hear and decide on a matter of appeal on behalf of the municipality.
6) Board Panel Mem bers of the Chinook lnterm u nicipal Su bdivision and Development Appeal
Board shall not be members of a Municipal Subdivision Authority or Development Authority
or municipal employees of the municipality in which the appeal is located.
7) A person appointed as a Board Member in accordance with this Bylaw must successfully
complete and maintain the mandatory provincial training and certification prior to sittinB on
a Panel to hear an appeal.
Page 4 of 7
Bylaw 415
6.
COSTS AND REMUNERATION
1) Board Members may be entitled to reasonable remuneration for time and expenses
relating to participatin8 on a Board Panel.
2) Costs related to appeal hearings and the remuneration to Board Members shall be
provided as specified in the intermunicipal agreement of the participating members of
the Chinook lntermunicipai Subdivision and Development Appeal Boar.
7.
DUTIES OF THE INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD
3) A Board Member may only participate in an appeal hearing if they have successfully
completed the mandatory provincial training prior to the appeal hearing date.
4) The Board Panel may, at its discretion, agree to adjournments in respect of the
processes and procedures as outlined in the Procedural Guidelines.
5) A Board Panel hearing an appeal shall appoint a Chair to preside over the proceedings
prior to the commencement of the hearing.
6) An order, decision or approval made, given or issued by the Board Panel and under the
signature of the Chair, or a Board Member acting as a desiSnate, is the decision of the
Board.
7) The Board Members shall conduct themsetves in a professional, impartial and ethical
manner and apply the principles of administrative justice and judicial fairness.
8) The Board Members shall consider and act in respect of the Chinook lntermunicipal
Subdivision and Development Appeal Board Procedural Guidelines.
9) The Eoard does not have the jurisdiction or authority to award pecunlary or monetary
awards or costs to any persons, entity or organization involved in an appeal'
1) The Chinook Intermunicipal Subdivision and Development Appeal Board shall hold
hearings as required pursuanlto the Municipol Government Act on a date to be
determined by the Board.
2) The Board, and those Members who sit as a Board Panel hearing an appeal, shall govern
its actions and hearings in respect of the processes and procedures as outlined in the
Procedural Guidelines.
Page 5 of 7
Bylaw 415
8.
APPEAL FILING
1) An appeal shall be filed in writing by an appellant, in accordance and in the manner
prescribed in the MGA, to the municipality and include the payment of the applicable
municipal appeal fee.
2) lf there is a question about the validity of anappeal being filed, the Board panel must
convene the appeal hearing in accordance with the MGA to establish jurisdiction and
then it may decide on the matter of validity. lt shall be the responsibility of the Board
Panel to make the determination of whether the a ppeal is valid.
3) ln the event an appeal is abandoned or withdrawn in writing by the appellant, the Board
Panel shall not be obliged to hold the appeal hearing referred to in the M6A unless
another notice of appeal has been served upon the Board in accordance with the M6A.
9
CTERK RESPONSIBILITIES AND DUTIES
1) council shall by resolution appoint a Clerk as a designated officer, or sub-delegate to its
CAO the authority to appoint a Clerk or Clerks, for the specific purposes of providing
administrative assistance to the Board in fulfilling its legislative duties.
2) The appointed Clerk shall attend all meetings and hearings of the Chinook
lntermunicipal Subdivision and Development Appeal Board, held in that member
municipality, but shall not vote on any matter before the Board.
3) A person appointed as a Clerk to assist the Chinook lntermunicipal Subdivision and
Development Appeal Board in accordance with this bylaw must have successfully
completed the mandatory provincial training prior to assisting the Board in its legislative
duties.
4) TheClerk,actingfortheBoard,shall accept on behalf of the Board appeals which have
been filed with the municipality in relation to a decision of the subdivision Authority or
the Development Authority.
5) The Clerk of the Board shall keep records of appeals and proceeding for the municipality
in which the appeal has been filed, as outlined in the proceduralGuidelines.
Page 6 of 7
Bylaw 415
L) singular and Masculine - Words importing the singular number shall include the plural
number and vice versa and works importing one gender only in this Bylaw shall include
all genders and words importing parties or persons in this Bylaw shall include
individuals, partnerships, corporations, and other entities, legal or otherwise.
2) Severability - Every provision of this Bylaw is independent of all other provisionsand if
any provision of this Bylaw is declared invalid for any reason by a court of competent
iurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.
11.
ENACTMENT
1) This bylaw shall come into effect upon third and final reading thereof.
2) This Bylaw rescinds Bylaw No. 342, being the former municipal Subdivision and
Development Appeal Board Bylaw, and any amendments thereto.
Read a first time this
day of
2079.
Read a second time this
/7
1/
Read a third time and passed this
day of
/5-
dav of
/zL*l
,zorg
,.__--7-
2019
CAO - Cindy Cornish
Mayor - Warren Mickels
Page 7 of 7
10.
ADMINISTRATIVE