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VILLAGE OF
CREMONA
Land Use Bylaw
No. 395-06
July 2006
Office Consolidation April 2011
Village of Cremona
Amendments to Bylaw No. 395-06
Amendment
Number
Date of Adoption
Description
395-06
Updated Land Use Bylaw adopted.
396-06
July 18, 2006
Amend Land Use Bylaw No 395-06. Lots 1 and 2 and the Lane
be re-designated from (I) Industrial land use to (HWY-C)
Highway Commercial land use as shown by registered plan No.
9810006 and detail B.
408-08
September 16, 2008
Amend Land Use Bylaw No. 395-06 to incorporate Agricultural
District and Country Residential District and new definitions.
411-08
October 21, 2008
Re-designate Lot FA, Block 10, Plan 741 0036 from Urban
Reserve to Low Density Residential.
417-09
June 17, 2009
Re-designate a portion of Block A, Plan 2247EG from Urban
Reserve District (UR) to Low Density Residential (R1).
423-10
December 21, 2010
Amend Land Use Bylaw No. 395-06 to include a definition for
"building height", amend the definition of "grade", increase
maximum building heights in all residential districts, include a
new section pertaining to public notification of decisions made by
the development authority, and provide clarity to a variety of
existing policies.
426-11
April 19, 2011
Re-designate Lots 7 and 8, Plan 5860 GB from (R2) General
Residential to (R3) Multi-Family Residential.
427-11
April 19, 2011
Amend Schedule B Supplementary Regulations Subsection
2(2)(d) Objects Prohibited or Restricted in Yards to increase the
maximum weight restriction in residential districts from 2,730 kg
(6,018.6 lbs) GVW to 4,540 kg (10,009 lbs) GVW.
PART ONE
- 1 -
VILLAGE OF CREMONA
LAND USE BYLAW
Table of Contents
PART ONE - GENERAL
1.1
Short Title
3
1.2
Purpose
3
1.3
Repeal
3
1.4
Definitions
4
1.5
Establishment of the Development Officer
15
1.6
Municipal Planning Commission
15
1.7
Development Appeal Board
16
1.8
Establishment of Forms
16
1.9
Establishment of Supplementary Regulations
16
1.10
Establishment of Land Use District Regulations
16
1.11
Establishment of Districts
16
1.12
Application for Bylaw Amendment
17
1.13
Bylaw Amendment Process
18
1.14
Sections Found Invalid
21
PART TWO - DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL
2.1
Development Permit Required
23
2.2
Development Permit Not Required
23
2.3
Permission for Development
24
2.4
Public Notification
29
2.5
Contravention and Enforcement
30
2.6
Offences and Penalties
31
2.7
Appeal
31
2.8
Compliance with Other Legislation
31
SCHEDULE A - LAND USE DISTRICT MAP
33
SCHEDULE B - SUPPLEMENTARY REGULATIONS
1.
Buildings
35
2.
Yards
37
3.
Vehicles
41
4.
Non-conforming Buildings and Uses
47
5.
Signs
47
6.
Landscaping, Environmental Conservation and Development
51
7.
Miscellaneous
52
8.
Manufactured Homes in R1, R2 Residential Districts
56
9.
Guidelines for Other Land Uses
56
10.
Automobile, Machinery and Miscellaneous Equipment Storage
56
PART ONE
- 2 -
SCHEDULE C - LAND USE DISTRICT REGULATIONS
Low Density Residential District (R1)
57
General Residential District (R2)
59
Multi-family Residential District (R3)
61
Manufactured Home District (R4)
64
Country Residential District (CR)
68
General Commercial District (C1)
70
Highway Commercial District (C2)
72
Industrial District (I)
74
Public Facility and Recreation District (PFR)
76
Urban Reserve District (UR)
77
Direct Control District (DC)
78
Agricultural District (AG)
80
PART ONE
- 3 -
BYLAW NO. 395-06
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND
DEVELOPMENT OF LAND AND BUILDINGS IN THE VILLAGE OF CREMONA
WHEREAS the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26 and
amendments thereto, authorize the Council of a Municipality to enact a Land Use Bylaw to prohibit
or regulate and control the use and development of land and buildings within the municipality.
NOW THEREFORE the Council of the Village of Cremona in the Province of Alberta enacts as
follows:
PART ONE - GENERAL
1.1
SHORT TITLE
This Bylaw may be cited as "The Village of Cremona Land Use Bylaw."
1.2
PURPOSE
The purpose of this Bylaw is to, amongst other things,
(1)
divide the municipality into districts;
(2)
prescribe and regulate the use for each district;
(3)
establish the duties of the Development Authority;
(4)
establish a method of making decisions on applications for
development permits including the issuing of development
permits;
(5)
provide the manner in which notice of the issuance of a
development permit is to be given;
1.3
REPEAL
(1)
Bylaw No. 240, and amendments thereto, are hereby repealed.
PART ONE
- 4 -
1.4
DEFINITIONS
In this Land Use Bylaw,
"accessory building" means a building separate and subordinate to the main building, the
use of which is incidental to that main building and is located on the same parcel of land
and does not include a dwelling unit. With regard to a residential use may include, but is
not limited to the following, a garage, storage shed, greenhouse and carport.
"accessory use" means a use customarily incidental and subordinate to the main use and
is located on the same parcel of land with such main use;
"Act" means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-
26, and amendments thereto;
"adjacent land" means land or a portion of land that is contiguous to the land that is the
subject of an application and includes land or a portion of land that would be contiguous
except for a public roadway, rail or utility right-of-way, river or stream;
"adult entertainment establishment" means any premises or part thereof wherein live
performances, motion pictures, video tapes, video disks, slides, electronic or photographic
reproductions, the main feature of which is the nudity or partial nudity of any person, are
preformed or shown as a principle use or an accessory or similar use to some other
business activity is conducted on the premises;
"agricultural operations" means the continued use for existing operations, and the "right
to farm", but excluding any new feeding operation, and means general farming including
cultivation of land, production of field crops, the raising of livestock, the production of
fruits and vegetables, sod, trees, shrubs or any other specialty horticulture crops, the
production of honey, the operation of agricultural machinery and any building use or
uses, structures or buildings accessory thereto. Agricultural operations and practices,
including their hours of operation, traffic movements, the odors, dust and noises
emanating from an agricultural practice or operation shall be respected."
"apartment" means a residential building consisting of at least 3 dwelling units having
common corridors, and may include buildings containing exterior entranceway(s);
"area redevelopment plan" means a plan adopted by the Council as an area
redevelopment plan pursuant to the Act;
"area structure plan" means a plan adopted by the Council as an area structure plan
pursuant to the Act;
"auto wrecking yard" means land and buildings that are used for the storage and
dismantling of old or wrecked cars or trucks for the purpose of recycling their components;
PART ONE
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"awning sign" means a sign inscribed on or affixed flat upon the covering material of an
awning;
"basement" means a habitable portion of a building which is partly underground, but which
has more than 50 percent of the distance, between the floor level and the underside of the
ceiling joists, above grade;
"Bed and Breakfast" means a detached dwelling occupied by the property owner or the
Bed and Breakfast host as a primary residence, in which overnight accommodation, not
exceeding fourteen (14) consecutive nights with or without meals, is provided for
remuneration.
"better agricultural land" means land having a Canada Land Inventory Soil Capability for
Agriculture rating of Class 1, 2, 3 or 4 or lands having a farmland assessment rating
greater than 28 percent, or their equivalent as determined by government agencies or
independent consultants, and at the discretion of the Municipal Planning Commission may
include other cultivated or improved land or potentially irrigable land. Better agricultural
land excludes:
(a)
cut-off parcels which are regarded by the local municipality as being of insufficient
size to farm, and
(b)
land which the Municipal Planning Commission determines is so badly fragmented
by existing use or ownership that the land has a low agricultural capability or cannot
logically be used for agricultural purposes;
"billboard" means a structure, primarily self supporting, which is used for the display of
general advertising, the subject matter of which is not necessarily related to the use or
ownership of the property on which the structure is located;
"boarding and rooming house" means a detached dwelling in which a proprietor supplies
for a fee sleeping accommodations, with or without meals, for a least two (2), but not more
than six (6) persons, exclusive of the proprietor's family, for not less than fourteen (14)
consecutive nights.
"building" includes anything constructed or placed on, in, over or under land but does not
include a highway or public roadway or a bridge forming part of a highway or public
roadway;
"building demolition" means the pulling down, tearing down or razing of a building;
"building height" means the vertical distance between the average grade and the highest
point on a building, other than any chimney, poles, vents or other things that, in the
opinion of the Development Officer or Municipal Planning Commission are similar and
are not part of the building structure; [Bylaw No. 423-10]
"bus depot" means a facility providing for the departure and arrival of passengers and
freight carried by bus;
"car wash" means a facility for the washing of non-commercial private motor vehicles.
PART ONE
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"cellar" means a portion of a structure which is mainly underground, and which has less
than 50 percent of the distance, between the floor level and the underside of the ceiling
joists, above adjacent ground elevation;
"commercial recreation and entertainment facility" means a facility or establishment which
provides for recreation or entertainment for a gain or a profit, but does not include drinking
establishments or adult entertainment facilities;
"convenience store" means a retail commercial establishment where food stuffs,
medicines, periodicals and other similar items of daily household convenience are sold to
the public and may include sale of fuel for motor vehicles, but does not include a service
station;
"Council" means the Council of the Village of Cremona;
"crematorium" means a facility with one or more cremation chambers used to reduce
human bodies to ashes by heat, and where funeral services are not conducted.
"detached dwelling" means a residential building containing one dwelling unit, which is
physically separate from any other residential building, and does not include a mobile
home, but does include a so called modular home;
"development" means
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to, or replacement or repair of a building and the
construction or placing in, on, over or under land of any of them, or
(c)
a change of use of land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the use of the land or building, or
(d)
a change in the intensity of use of land or a building or an act done in relation to land
or a building that results in or is likely to result in a change in the intensity of use of
the land or building;
"Development Appeal Board" means a Development Appeal Board appointed pursuant to
Section 627 of the Act;
"Development Authority" means a Development Officer as appointed by this Land Use
Bylaw or the Municipal Planning Commission as per Development Authority Bylaw No.
299-95;
"Development Officer" means a person appointed as a Development Officer pursuant to
this Land Use Bylaw;
"development permit" means a document authorizing a development issued pursuant to
this Land Use Bylaw;
PART ONE
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"discretionary use" means a use which may be compatible with other uses in the District,
for which a development permit may be issued upon an application having been made;
"District" means Land Use District;
"district shopping centre" means a group of commercial establishments planned, owned,
developed and managed as a unit with off-street parking established on the same site
which serves the needs of the urban centre and surrounding municipalities;
"drinking establishment" means an establishment the primary use of which is the sale of
alcoholic beverages for consumption on the premises and the secondary purpose may
include entertainment, dancing, the preparation and sale of food for consumption on the
premises, take out food services and the sale of alcoholic beverages for consumption
away from the premises. A drinking establishment includes any premises for which a
"Class A" liquor license has been issued and where minors are prohibited by the terms of
the license;
"drive-in-business" means an establishment with facilities for on site service to customers
who remain in their motor vehicles, but does not include a drive-in theatre;
"drive-in theatre" means a theatre in which customers view motion pictures from their
motor vehicles;
"driveway" means a vehicle access route between the carriageway of a public roadway
and a use on a parcel;
"duplex" means a separate residential building consisting of two separate dwelling units
only, each above grade and having exterior entrances;
"dwelling unit" means a complete building or self-contained portion of a building for the use
of one or more individuals living as a single housekeeping unit, containing sleeping,
cooking and separate toilet facilities intended as a permanent residence not separated
from direct access to the outside by another separate or self-contained set or suite of
rooms;
"dwelling unit for the occupancy of the owner, operator or caretaker" means a dwelling unit
which is accessory to other development on the parcel;
"eaveline" means the horizontal line that marks the intersection of the roof and the wall of
a building;
"existing residence and other related improvements" means a detached dwelling or mobile
home and buildings accessory to the use of the dwelling unit and the parcel upon which it
is located, serviced by utilities and access to the satisfaction of the Development
Officer/Municipal Planning Commission;
"facia sign" means a sign attached to, marked or inscribed on and parallel to the face of a
building wall but does not include a billboard;
PART ONE
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"feed mills and grain elevators" means buildings in which animal feeds and grain are
stored during shipment to or from farms and in which animal feeds may be prepared;
"floodplain" means the land adjacent to a lake, river or stream inundated by a one in one
hundred year return flood as determined by Alberta Environment;
"floodproofing" means the rendering safe from damage arising from a one in one hundred
year return flood, as determined by Alberta Environment, through all or any of the following
means:
(a)
the raising of the level of land to a minimum of 0.3 m (0.98 ft.) above that flood level,
or
(b)
the construction and use of buildings with the lowest water entry point 0.3 m (0.98 ft.)
above that flood level, or
(c)
any other such means as may be considered appropriate by the Development
Officer/Municipal Planning Commission in consultation with Alberta Environment;
"floor area" means
(a)
for residential buildings, the total area of all floors in a building measured from the
outside of exterior walls including a basement, but excluding floor areas of cellars,
attached garages, sheds, carports, or open porches in all residential buildings, or
(b)
for commercial buildings, the total floor area of all floors in a building measured from
the outside of exterior walls including basements and cellars but excluding mall
areas;
"four-plex" means a building containing four dwelling units, each unit comprising of two
floor levels and sharing a common party wall with two other units;
"freestanding sign" means a sign that is supported independently of a building wall or
structure but does not include a portable sign;
"front parcel boundary" means, in the case of an interior parcel, the boundary which abuts
a street and in the case of a corner parcel, means the shorter of the two boundaries which
abut a street [see sketch in Schedule B];
"front yard" means a yard extending across the full width of a parcel measured
perpendicularly from the front boundary of the parcel to the front wall(s) of the main
building situated on the parcel [see sketch in Schedule B];
"funeral home" means a business establishment where the bodies of the dead are
prepared for burial, and where funeral services can be held. A crematorium is a separate
use;
"grade" means the ground elevation established for the purpose of regulating the height
PART ONE
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of a building. The building grade shall be the finished ground elevation adjacent the
walls of the building if the finished grade is level. If the finished grade is not entirely
level, the grade shall be determined by averaging the finished ground elevation for each
face of the building; [Bylaw No. 423-10]
"hard landscaping" means the use of non-vegetative material, other than monolithic
concrete, asphalt or gravel, as part of a landscaped area;
"heavy equipment assembly, sales and service" means the assembly, sales, rental and
service of any heavy vehicle or equipment used in commercial, industrial or agricultural
activities;
"heavy manufacturing" means the manufacture of products, the process of which
generates fumes, gases, smokes, vapours, vibrations, noise or glare, or similar nuisance
factors which have a high probability of occurring and which may cause adverse effects to
the users of adjacent land;
"home occupation" means an occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the building;
"hotel" means a building which provides rooms for temporary overnight sleeping
accommodation where each room has access from a common interior corridor and may
provide additional services such as restaurants, meeting rooms and recreational facilities
as accessory uses;
"indoor merchandise sales" means the indoor sale or display of merchandise, including
indoor storage of merchandise in quantities limited to the needs of the outlet;
"landscaped area" means an area of land made attractive and desirable by the use of any
or all of the following: grass, trees, shrubs, ornamental plantings, fences, walls and
associated earthworks; however, it shall not include areas occupied by garbage
containers, storage, parking lots or driveways;
"Land Use Bylaw" means Bylaw No. 395-06, and amendments thereto;
"Land Use District" means an area as described in Schedule C and shown in Schedule A
of this Land Use Bylaw;
"lane" means a public thoroughfare which provides a secondary means of access to a
parcel or parcels and which is registered in a land titles office;
"light manufacturing" means the manufacture of products, the process of which does not
create and emit fumes, gases, smokes, vapours, vibrations, noise or glare or other factors
which are regarded as nuisances which would cause adverse effects to the users of
adjacent land;
"livestock auction market" means a facility where agricultural related items including cattle
are bought and sold by public auction;
PART ONE
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"lot coverage" means the percentage of the lot area covered by the area of all the
footprints of buildings or structures and paved driveways, but excluding uncovered decks,
terraces, verandas, patios or any other uncovered projection or structure on a lot.
"main building" means a building in which is conducted the main or principal use of the
parcel on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured home" means a residential building containing one dwelling unit, built in a
factory in one or more sections, suitable for long term occupancy designed to be
transported on either its own wheels and chassis or other means to a suitable site;
"mechanized excavation, stripping and grading" means the use of motorized equipment to
remove, relocate or stockpile soil or vegetation in excess of normal landscape
maintenance requirements;
"mobile home" means a factory constructed detached dwelling unit, with an integral frame,
readily relocatible singly or double modules;
"mobile home park" means a parcel comprehensively designed, developed, operated and
maintained to provide sites and facilities for the placement and occupancy of mobile
homes on a long-term basis;
"motel" means a building or group of buildings on a parcel designed and operated to
provide temporary sleeping accommodation for transient motorists and contains separate
sleeping units each of which has direct outside access with conveniently located parking;
"multiple housing development" means two or more buildings containing dwelling units,
located on a parcel of land, where all the buildings, recreation areas, vehicular areas,
landscaping and all other features have been planned as an integrated development;
"multiple unit dwelling" means a building designed for or occupied by three (3) or more
dwelling units, but not including a hotel or motel.
"municipality" means the Village of Cremona;
"Municipal Planning Commission" means a Municipal Planning Commission established by
Council pursuant to Section 626 of the Act;
"municipal shop and storage yard" means the facility used by a municipality for the storage
of materials used in fulfilling its various functions and the housing and repair of its
equipment;
"natural environment preservation area" means an area that is to be preserved because it
is unsuitable in its natural state for development;
"non-conforming building" means a building
PART ONE
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(a)
that is lawfully constructed or lawfully under construction at the date this 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 this Land Use Bylaw or any amendment thereof becomes effective
does not, or when constructed will not, comply with the Land Use Bylaw;
"non-conforming use" means a lawful specific use
(a)
being made of land or a building intended to be made of a building lawfully under
construction, at the date this Land Use Bylaw or any amendment thereof affecting
the land or building becomes effective, and
(b)
that on the date this Land Use Bylaw or any amendment thereof becomes effective
does not, or in the case of a building under construction will not, comply with this
Land Use Bylaw;
"non-renewable resource extraction" means the mining or removal from the ground of
deposits of coal, sand, gravel, clay and other minerals;
"occupancy permit" means a document authorizing the use of a development undertaken
in accordance with a development permit issued pursuant to this Land Use Bylaw;
"office" means a facility providing for the administration of business, or government, or the
provision of professional services;
"On site renewable energy source" means nonpolluting energy generation technology
such as solar, wind or geothermal.
"open storage yard" means land that is used for the storage of products, goods or
equipment;
"parcel" means the aggregate of the one or more areas of land described in a certificate of
title or described in a certificate of title by reference to a plan filed or registered in a land
titles office;
"parcel coverage" means the area covered by buildings, parking facilities, driveways,
storage areas and display areas;
"parking facility" means a structure or an area providing for the parking of motor vehicles;
"parks and playgrounds" means areas of public land known for their natural scenery
and/or preservation for public recreation either active or passive;
"permitted use" means a use which is compatible with other uses in the District and for
which a development permit shall be issued provided it otherwise conforms with this Land
Use Bylaw;
"personal service" means the provision of a service to individuals on a commercial basis,
PART ONE
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and includes such services as photographers, travel agencies, beauty salons, restaurants
and dry cleaners;
"portable sign" means a sign which is not in a permanently installed or affixed position;
"projecting sign" means a sign which projects from a structure or a building face;
"public and quasi-public use" means a use of land or a building for purposes of public
administration and service and shall also include a building for the purpose of assembly,
instruction, culture, recreation or other community activity;
"public roadway" means a highway, local road, service road, street, avenue or lane which
is registered as a public right-of-way in a land titles office;
"public utility" means the right-of-way for municipal
(a)
telephone systems,
(b)
waterworks systems,
(c)
irrigation systems,
(d)
systems for the distribution of gas, whether natural or artificial
(e)
systems for the distribution of artificial light or electric power,
(f)
heating systems, and
(g)
sewage systems,
or for the service or commodity supplied by any of those systems;
"rear yard" means a yard extending across the full width of a parcel measured
perpendicularly from the rear wall(s) of the main building situated on the parcel to the rear
property boundary of the parcel [see sketch in Schedule B];
"recreation facilities" means a public building and grounds for community entertainment,
relaxation, social activity and other leisure needs;
"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;
"repair service" means the restoration and maintenance of objects, which is compatible
PART ONE
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with other uses in the District. Excluding vehicle repair, restoration and maintenance;
"restaurant" means an establishment for the preparation or sale of food for consumption
on the premises and may include take out food service and entertainment, excluding adult
entertainment, as accessory uses. A restaurant may include premises for which a "Class
A" liquor license has been issued and minors are not prohibited by the terms of the
license. Drive-in businesses and drinking establishments are separate uses;
"row housing" means a group of three or more dwelling units, each unit separated by a
common or party wall and having a separate front and rear access to the outside grade;
"sales and service outlet for automobiles, trucks, recreation vehicles or mobile homes"
means a facility providing for the sale, rental, service and repair of automobiles, trucks,
recreation vehicles or mobile homes;
"sales and service outlet for farm equipment" means a facility providing for the sale, rental,
service or repair of farm equipment;
"screen" means a fence, berm, hedge, wall or building used to separate areas or functions
which detract from the appearance of the street scene and the view from the surrounding
areas;
"seed cleaning plant" means a building for the storage and preparation of seed used in
agriculture;
"secondary suite" means a separate and subordinate dwelling unit contained in within a
single detached dwelling. A secondary suite must have a separate entrance from the
principle dwelling, either from a common indoor landing or directly from the exterior of the
building;
"service for the travelling public" means the provision of overnight accommodation, meals,
or vehicular service or repair normally required by travellers;
"service station" means a building or portion thereof for the servicing and repairing of
motor vehicles and includes the sale of fuel, oils and other accessories for motor vehicles
and may include a convenience store;
"set back" means a distance additional to minimum yard requirements which may be
required on parcels adjacent to the public roadways;
"side yard" means a yard extending from the front yard to the rear yard between the side
boundary of the parcel and the wall of any building thereon [see sketch in Schedule B];
"sight triangle" means an area at the intersection of roadways in which all buildings,
fences, vegetation and finished ground elevations shall be less than 0.92 m (3. ft.) in
height above the average elevation of the carriageways/rails, in order that vehicle
operators may see approaching vehicles in time to avoid collision.
"sign" means any word, letter, model, placard, board, notice, device or representation,
PART ONE
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whether illuminated or not, in the nature of and employed wholly or in part for the purposes
of advertisement, announcement or direction and its supporting structure;
"soft landscaping" means the use of vegetative material as part of a landscaped area;
"Solar panel" means a large panel containing solar cells or heat-absorbing plates that
convert the Sun's radiation into energy for use, e.g. in heating buildings.
"solid waste transfer station" means a facility for the collection and temporary holding of
solid waste in a storage container;
"statutory plan" means the Municipal Development Plan, an area structure plan and an
area redevelopment plan or any one or more of them;
"street" means any category of public roadway except a lane;
"structural alterations" means altering the main building components which support a
building;
"truck wash" means a facility for the washing of agricultural, commercial or large vehicles;
"use" means a building or an area of land and the function and activities therein or
thereon;
"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;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage
(d)
storm sewer drainage facilities
(e)
systems for electrical distribution and lighting
(f)
any other things prescribed by the Lieutenant Governor in Council by regulation,
but does not, include those systems or facilities referred to in subclauses (a) to (e)
that are exempted by the Lieutenant Governor in Council by regulation;
"utility building" means the building in which the proprietor of a utility
(a)
maintains its office(s), and/or
(b)
maintains or houses equipment used in connection with the utility and which is not a
public utility right-of-way;
"warehouse" means a facility for the indoor storage of goods and merchandise;
PART ONE
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"yard" means an open space on the same site as a building and which is unoccupied and
unobstructed from the ground upward except as otherwise provided herein.
All other words and expressions have the meaning respectively assigned to them in the
Act.
1.5
ESTABLISHMENT OF DEVELOPMENT OFFICER
(1)
The office of the Development Officer is hereby established and such office shall be
filled by a person or persons to be appointed by resolution of Council.
(2)
The Development Officer shall perform such duties that are specified in this Land
Use Bylaw, including among other things
(a)
keeping and maintaining for the inspection of the public during all reasonable
hours, a copy of this Land Use Bylaw and all amendments thereto,
(b)
keeping a register of all applications for development, including the decisions
thereon and the reasons therefore, for a minimum of seven (7) years, and
(c)
refer all applications for discretionary uses to the Municipal Planning
Commission.
(3)
The Development Officer may:
(a)
refer any development permit application for those uses listed as permitted
uses to the Municipal Planning Commission, and
(b)
refer any other planning and development matter to the Municipal Planning
Commission for its review, support and advice.
1.6
MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission established by Bylaw No. 241 shall:
(1)
Issue decisions on development permit applications referred to it by the
Development Officer; including attaching any terms and conditions deemed
necessary to achieve compliance with this Bylaw; and
(2)
Consider and if necessary, state terms and conditions or provide direction on any
other planning or development matter referred by the Development Officer; and
(3)
Perform such additional duties as described in this Bylaw. [Bylaw No. 423-10]
PART ONE
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1.7
DEVELOPMENT APPEAL BOARD
The Development Appeal Board established by Bylaw No. 242 shall perform such duties
as are specified therein.
1.8
ESTABLISHMENT OF FORMS
(1)
For the purpose of administering the provisions of this Land Use Bylaw, the Council
shall, by resolution, authorize the preparation and the use of such forms and notices
as it may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of this Land
Use Bylaw in the execution of the purpose for which they were designed, authorized
and issued.
1.9
ESTABLISHMENT OF SUPPLEMENTARY REGULATIONS
Supplementary Regulations as set forth in Schedule "B" hereto, are hereby adopted by
reference to be part of this Land Use Bylaw, and to be amended in the same manner as
any other part of this Land Use Bylaw.
1.10
ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS
Land Use District Regulations as set forth in Schedule "C" hereto, are hereby adopted by
reference to be part of this Land Use Bylaw, and to be amended in the same manner as
any other part of this Land Use Bylaw.
1.11
ESTABLISHMENT OF DISTRICTS
(1)
For the purpose of this Land Use Bylaw, the Village of Cremona is divided into the
following Districts:
R1
LOW DENSITY RESIDENTIAL DISTRICT
R2
GENERAL RESIDENTIAL DISTRICT
R3
MULTI-FAMILY RESIDENTIAL DISTRICT
R4
MANUFACTURED HOME DISTRICT
CR
COUNTRY RESIDENTIAL DISTRICT
C1
CENTRAL COMMERCIAL DISTRICT
C2
HIGHWAY COMMERCIAL DISTRICT
I
INDUSTRIAL DISTRICT
PFR
PUBLIC FACILITY AND RECREATION DISTRICT
UR
URBAN RESERVE DISTRICT
DC
DIRECT CONTROL DISTRICT
AG
AGRICULTURAL DISTRICT
PART ONE
- 17 -
(2)
The boundaries of the Districts listed in subsection (1) are as delineated on the Land
Use District Map being Schedule A hereto. All public roadways, water courses and
lakes are excluded from the Land Use Districts.
(3)
Where the location of District boundaries on the Land Use District Map is not clearly
understood, the following rules shall apply:
(a)
a boundary shown as approximately following a parcel boundary shall be
deemed to follow the parcel boundary;
(b)
a boundary which does not follow a parcel boundary shall be located by
measurement of the Land Use District Map; and
(c)
a boundary location which cannot be satisfactorily resolved, shall be referred to
Council for an official interpretation.
1.12
APPLICATION FOR BYLAW AMENDMENT
(1)
A person may make application to the Development Officer for amendment to this
Land Use Bylaw. The application shall include:
(a)
a statement of the specific amendment (s) requested;
(b)
the purpose and reasons of support for the application;
(c)
if the application is for a change of land use district:
(i)
a fully dimensioned drawing of the proposed area to be amended to the
satisfaction of the Development Officer,
(ii)
a current copy of the certificate(s) of title indicating ownership and
encumbrances of the subject lands, and
(iii)
if the applicant is not the current registered owner of the lands and is
acting as an agent, a letter from the owner verifying the agent's authority
to make the application;
(d)
an application fee established which shall be determined from time to time by
resolution of Council for which a portion, as determined by resolution of Council
from time to time, may be returned to the applicant if first reading of the
amending bylaw is not passed.;
(2)
In additions to the requirements of subsection (1), Council may request any other
information as it considers necessary to properly evaluate the proposed amendment
application.
PART ONE
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(3)
If the application to amend the bylaw is for a redesignation of land, the Development
Officer may require the submission of an outline plan for the area to be redesignated
to the level of detail as specified by the Development Officer or appointed agent of
the Village.
(4)
In the case where an application to amend the bylaw is not approved by Council a
similar application may not be made for a period of six (6) months following refusal of
the original application.
(6)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed before the
Council and shall issue not less than 10 days' notice to the applicant advising that he
may appear before the Council at that time, and speak to the application.
(7)
An application for amendment shall be placed before the Council within 60 days of
its receipt by the Development Officer.
1.13
BYLAW AMENDMENT PROCESS
(1)
The Council on its own initiative may amend this Land Use Bylaw by directing the
Development Officer to initiate an amendment thereto.
(2)
The Council, in considering an application for an amendment to this Land Use
Bylaw, may at its sole discretion:
(a)
refuse the application, or
(b)
refer the application for further information; or
(c)
pass first reading to a bylaw to amend this Land Use Bylaw, with or without
conditions or amendments; or
(d)
defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
pass first reading of an alternative amendment to this Land Use Bylaw, with or
without conditions.
(3)
Following first reading to an amending bylaw, the Council shall
(a)
establish the date, time and place for a public hearing on the proposed bylaw;
(b)
outline the procedure to be followed by anyone wishing to be heard at the
public hearing; and
(c)
outline the procedure by which the public hearing will be conducted.
PART ONE
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(4)
Following first reading to an amending bylaw, the Development Officer shall issue
notice of the public hearing
(a)
by publication in two issues of a newspaper circulating in the area, the
publication date of the second issue being not less than five (5) days preceding
the date of the hearing; and
(b)
by mail or arrangement of delivery, no less than 14 days preceding the date of
the hearing to
(i)
the applicant;
(ii)
to the registered owner of the land if not the applicant;
(iii)
the owners of adjacent land if the proposed bylaw provides for a change
of District; and
(iv)
any other authority or perceived stakeholder who, in the opinion of the
Development Officer, may be affected.
(5)
Prior to the public hearing, the Development Officer shall forward a copy of the
proposed bylaw to
(a)
Mountain View County if, the proposed bylaw
(i)
affects land on the boundary with Mountain View County, or
(ii)
may have an effect upon Mountain View County.
(6)
The notice of the public hearing shall provide the following information:
(a)
the date, time and place of the public hearing;
(b)
a statement of the general purpose of the public hearing and proposed bylaw;
(c)
that the proposed bylaw and any public documents applicable to the proposed
bylaw may be inspected at the Municipal Office at all reasonable times; and
(d)
the procedure for the public hearing;
(e)
in the case of an amendment to change the district designation of a parcel of
land, in addition to the requirements listed above, the notice shall also contain:
(i)
the municipal address, if any, and the legal address of the parcel of land;
and
(ii)
a map showing the location of the parcel of land.
(7)
At the public hearing, the Council shall hear
PART ONE
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(a)
any person or group of persons, or person acting on their behalf, who
(i)
has complied with the procedures outlined by the Council, and
(ii)
claims to be affected by the proposed bylaw; and
(b)
any other person who wishes to make representations and whom the Council
agrees to hear.
(8)
The Council after considering any representations made at the public hearing, the
Municipal Development Plan and any Inter-Municipal Development Plan, area
structure plan or area redevelopment plan affecting the application, and the
provisions of this Land Use Bylaw and any other matters it considers appropriate
may:
(a)
pass the bylaw;
(b)
make such amendments or changes as it considers necessary to the proposed
bylaw and proceed to pass the proposed bylaw without further advertising or
hearing;
(c)
refer the bylaw for further information to any person or agency/authority it
decides needs referring to; or
(d)
defeat the proposed bylaw.
(9)
Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a development permit and negotiate a development agreement in respect
of the proposal which initiated the application for amendment.
(10)
After third reading of the proposed bylaw, the Development Officer shall send a copy
of it to:
(a)
the applicant;
(b)
the registered owner of the land, if not the applicant;
(c)
Mountain View County, if its received a copy of the proposed bylaw pursuant to
subsection (8).
(11)
The Development Officer shall maintain an accurate and up-to-date file of
amendments to this Bylaw and ensure that such amendments of the Bylaw are
effected to copies to the Bylaw for regular usage by councillors, administration,
members of committees and the general public.
PART ONE
- 21 -
1.14
SECTIONS FOUND INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared to be invalid,
it is intended that all remaining provisions are to remain in full force and effect.
PART ONE
- 22 -
PART TWO
- 23 -
DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL
2.0
DEVELOPMENT PERMITS
2.1
DEVELOPMENT PERMIT REQUIRED
(1)
All development within the municipality, unless listed in Section 2.2, requires a
development permit authorizing the use and development.
2.2
DEVELOPMENT PERMIT NOT REQUIRED
(1)
The following developments are exempt from requiring a development permit
provided such development complies with this bylaw:
(a) improvement, maintenance, renovation or repair to any building provided that
such works are not adding to or structurally altering the exterior of the
building;
(b) the erection or construction of gates, fences, walls or other means of
enclosure, except on corner lots, less than 0.91 m. (3 ft.) in height in the front
yard and less than 1.83 m. (6 ft.) in height in the side and rear yards;
(c) the construction of an accessory building no more than 10.0 m2. (107 ft2.) in
floor area;
(d) a temporary building for which the sole purpose is incidental to the erection or
alteration of a permanent building, for which a permit has been issued under
this bylaw;
(e) One (1) non-illuminated signs of the following nature and size for each use
with a building or on a parcel, provided such signs do not resemble or conflict
with traffic signs:
(i)
a facia sign for the purpose of identification, direction, and warning not
exceeding 0.19 m2. (2 ft2.),
(ii)
a facia sign relating to a person, partnership or company carrying on a
profession, business or trade not exceeding 0.28m2. (3 ft2.),
(iii)
a facia or freestanding sign relating to a religious, educational, cultural,
recreational or similar character, or to an apartment block not exceeding
1.02 m2. (11 ft2.);
(iv)
temporary advertisement not exceeding 1.9 m2. (20 ft2.) in sign area
relating to the sale of goods or livestock, the carrying out of building or
PART TWO
- 24 -
similar work, announcement of any local event of a religious,
educational, cultural, recreational, political, or governmental nature not
exceeding 2.97 m2. (32 ft2.) and must be removed by the advertiser
within fifteen (15) days of the completion of the event or works to which
such signs relate;
(v)
the erection of an on-site facia sign offering any residential site,
commercial site, or industrial site for development, sale, lease or for
rent, provided the sign does not exceed 2.97 m2. (32 ft2.) in sign area;
(vi)
a flag attached to a single upright flag pole provided the height of the
flag pole does not exceed the height of the principal building or 25 ft.
which ever is smaller.
(f) the erection of a communication aerial, television aerial or satellite dish
provided the dish is no larger than 0.91 m (3 ft.) in diameter.
(g) signs in relation to the function of local authorities, utility boards, or other
public or quasi-public bodies;
(h) development specified in Section 618 of the Act, which includes:
(i)
a highway or road,
(ii)
a well or battery within the meaning of the Oil and Gas Conservation Act,
(iii)
a pipeline or an installation or structure incidental to the operation of a
pipeline, or
(iv)
any other action, person, or thing specified by the Lieutenant Governor
in Council by regulation.
2.3
PERMISSION FOR DEVELOPMENT
(1)
An application for a development permit must be made to the Development
Authority in writing on a form prescribed by Council and must be accompanied by:
(a) a scaled site plan and elevations in duplicate illustrating the front, rear, and
side yards, heights, landscaped areas, off-street loading and vehicle parking
as required, and access locations to the parcel;
(b) A current copy of the certificate of title to the land;
(c) If the applicant is not the registered owner of the land, a statement of the
applicant's interest in the land accompanied with the written consent of the
owner to the application;
(d) The estimated commencement and completion dates;
(e) The estimated cost of the project or contract price;
PART TWO
- 25 -
(f) A non-refundable registration fee as set by Council; and
(g) Any other plans and information the Development Authority may consider
necessary to properly evaluate the proposed development.
(2)
Where demolition of a building requires a development permit, such a permit
requires the applicant to provide details indicating:
(a) how the demolition will be carried out; and
(b) how the parcel will be reclaimed. [Bylaw No. 423-10]
(3)
The Development Authority may consider an application and render a decision
without all of the information required by subsection (1) if, in the opinion of the
Development Officer, a decision on the application can be properly made without
such information.
(4)
The Development Authority:
(a) shall receive, consider, and decide upon all complete applications for a
development permit; and
(b) must refer any received application to an adjacent municipality, relevant
agency or person which may provide comment respecting the application; and
(c) must refer all such applications to the Alberta Energy and Utilities Board within
1.5 km (0.93 mi.) of a sour gas facility; and
(d) may refer any such application to adjacent land owners to provide comment
respecting the application.
(5)
The Development Officer shall;
(a) receive all completed applications for a development permit; and
(b) consider and decide on applications for a development permit for those uses
listed in Schedule C, which constitute a permitted use in a District; and
(c) refer with his/her recommendations, to the Municipal Planning Commission for
its consideration and decision applications for a development permit for those
uses listed in Schedule C which constitute a discretionary use in a District;
and
(d) refer any application onto the Municipal Planning Commission which he/she
deems should be decided by the Municipal Planning Commission; and
(e) refer all applications for development to the Alberta Energy and Utilities Board
within 1.5 km (0.93 miles) of a sour gas facility; and
PART TWO
- 26 -
(f) may refer any such application to adjacent land owners to provide comment
respecting the application;
(g) shall refer any such application to adjacent land owners for a discretionary
use or for a proposed development requesting a variance/relaxation in excess
of 10% of any listed maximum or minimum standard; and
(h) must refer any received completed application to an adjacent municipality,
relevant agency or person which may provide comment respecting the
application.
(6)
For a permitted use in any District other than a Direct Control District;
(a) the Development Authority shall approve an application for a development
permit for a permitted use if the application conforms to the requirements of
the Land Use Bylaw, the Act and the Subdivision and Development
Regulation and statutory plans, and the Development Authority may attach
conditions to the permit necessary to ensure any of the following:
(i)
arrangements satisfactory to the development authority for the supply of
utilities including, but not limited to, water, electric power, sanitary sewer,
storm sewer, natural gas, cable, or any one or more of them, including
payment of the cost of installation or construction of any such utility or
facility by the applicant;
(ii) arrangements satisfactory to the development authority for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any
one or more of these matters, including payment of the costs of
installation or constructing any such facility by the applicant;
(iii) that the developer enters into a development agreement or an interim
agreement, which shall form part of such a development permit and may
be required to be registered by caveat against title to the site at the Land
Titles Office, to do any or all of the following:
(A)
to construct or pay for the construction of a road required to give
access to the development;
(B)
to construct, or pay for the construction of:
(I) a pedestrian walkway system to serve the development;
(II) pedestrian walkways to connect the pedestrian walkway system
serving the development with a pedestrian walkway system that
serves or is proposed to serve an adjacent development, or
both;
PART TWO
- 27 -
(C) to install or pay for the installation of public utilities, other than
telecommunications systems or works and landscaping, that are
necessary to serve the development;
(D) to construct or pay for the construction of:
(I)
off-street or other parking facilities; and
(II)
loading and unloading facilities;
(b) that the developer pays an off-site levy or redevelopment levy imposed by a
bylaw adopted pursuant to the Municipal Government Act;
(c) that the developer provides security to ensure compliance with this Bylaw, a
development permit, an agreement under this clause and/or a statutory plan,
which security may include, but is not limited to, an irrevocable letter of credit
or charge against the title to the site;
(d) that the developer provide a real property report to the satisfaction of the
Development Authority.
(7)
If an application for a development permit for a permitted use in any district,
other than a Direct Control District, does not conform to the requirements of the
Land Use Bylaw, the Municipal Government Act and the Subdivision and
Development Regulation and statutory plans, the Development Officer:
(a) may refuse the application stating the reasons for refusal; or
(b) may approve the application subject to conditions to ensure that the
application conforms to the requirements of the Land Use Bylaw, the
Municipal Government Act and the Subdivision and Development Regulation
and statutory plans; or
(c) may approve the application, subject to those regulations of this Bylaw that
pertain to an application for a permitted use, if in the opinion of the
Development Officer, the proposed development:
(i) would not
(A) Unduly interfere with the amenities of the neighbourhood; or
(B) Materially interfere with or affect the use enjoyment or value of the
neighbouring sites, and
(ii) conforms to the use prescribed for that land or building in the Land Use
Bylaw; and
PART TWO
- 28 -
(iii) would not require a variance of any minimum or maximum standard
within the district in excess of 10%.
(8)
For a discretionary use in any District other than a Direct Control District,
(a) The Municipal Planning Commission, in its discretion, may approve the
application for a discretionary use subject to conditions listed under 2.3 (6) (a)
and any conditions that the development authority may deem appropriate to
ensure compatibility with the amenities of the neighbourhood and the use,
enjoyment and value of neighbouring parcels of land, including, but not limited
to the following:
(i)
limiting the time of operation including hours of the day, days of the week,
and parts of the year;
(ii) limiting the number of patrons;
(iii) requiring attenuation or mitigation of noise or any other nuisances that
may be generated by the proposed development;
(iv) regarding the location, character and appearance of buildings;
(v) regarding the grading of the site or such other matters as are necessary
to protect the site from other developments or to protect other
developments from the site;
(vi) establishing the period of time for which a development permit is valid.
or;
(b) The Municipal Planning Commission, in its discretion, may refuse an
application for a discretionary use permit stating the reasons for its refusal.
(9)
The Municipal Planning Commission may:
(a) consider and render a decision for an application for a development permit;
(b) recommend approval on an application for subdivision approval;
notwithstanding that the proposed development or subdivision does not
comply with the Bylaw or is in a non-conforming building it, in the opinion of
the Municipal Planning Commission, the proposed development or subdivision
or non-conforming building:
(i) would not
(A) Unduly interfere with the amenities of the neighbourhood; or
PART TWO
- 29 -
(B) Materially interfere with or affect the use enjoyment or value of the
neighbouring sites, and
(ii) conforms to the use prescribed for that land or building in the Land Use
Bylaw. [Bylaw No. 423-10]
(c) refuse an application stating reason for its refusal.
(10)
Prior to imposing any condition upon the issuance of a Development Permit pursuant
to Section 2.3 (6) (a), the Development Authority shall consult with Council as may be
required in the circumstances and shall specify the terms and content of the
agreement in the conditions of the development permit;
(11)
The municipality may register a caveat pursuant to the provisions of the Land Titles
Act and the Municipal Government Act in respect of an agreement under this Section
against the Certificate of Title for the land that is the subject of the development, which
said caveat shall be discharged when the agreement has been complied with. [Bylaw
No. 423-10]
(12)
In the case where an application for a development permit has been refused pursuant
to this Part or ultimately after appeal, the submission of another application for a
permit on the same parcel and for the same or similar use of land by the same or any
other applicant may not be accepted by the Development Authority for at least six (6)
months after the date of the final decision, unless in the opinion of the development
authority, the reasons for refusal have been adequately addressed or circumstances
of the application have changed significantly.
(13)
For compliance requests, where the Village is requested to provide comments on the
conformance of a development to the standards listed in the appropriate District of the
Land Use Bylaw, the Development Officer may at his/her discretion;
(a) grant a variance to any listed standard up to 40% without requiring
development permit approval;
(b) grant up to a 10% variance to setback standards of a previously approved
development permit;
(c) require the approval of a development permit due to concern over public
safety or additional variance request;
(d) refer any compliance request to the Municipal Planning Commission for their
consideration.
2.4
PUBLIC NOTIFICATION
PART TWO
- 30 -
(1)
Notice of all decisions by the Development Authority on development permit
applications shall be given to the applicant and the landowner (when the landowner is
not the applicant) in writing.
(2)
Where the development application has been approved, the Development Authority
shall immediately issue a notice of the decision in any or all of the forms described as
follows:
(a) mail a notice of the decision to all landowners who may be affected at the
discretion of the Development Authority; and/or
(b) post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(c) publish a notice of the decision once in a newspaper circulating in the Village;
and/or
(d) post a notice of the decision conspicuously in the Village office.
(3)
All notices of the decision referenced in Section 2.4 (2) shall include the location of the
property for which the application has been approved and shall described in general
terms the development approved.
(4)
In addition to the foregoing, where a development permit application is denied, notice
of the decision, together with reasons, shall be given to the applicant by way of original
mail.
[Bylaw No. 423-10]
2.5
CONTRAVENTION AND ENFORCEMENT
(1)
If the Development Authority determines that a development, land use, or use of a
building does not conform with/to:
(a)
the Land Use Bylaw, Part 17 of the Municipal Government Act, the
Subdivision and Development Regulation; or
(b)
a development permit or subdivision approval;
the Development Authority shall issue a stop order, in accordance with the Act, to the
owner, the person in possession of the land or building, or the person responsible for
the contravention, or any or all of them in order to ensure conformity with the
respective document or approval.
(2)
If a person fails to comply with a stop order under subsection (1) or an order of the
Subdivision and Development Appeal Board, pursuant to the Act, the Village must
pursue any action necessary to perform and complete the stop order.
(3) If the Village is required to perform a stop order, the Village will, in accordance with
PART TWO
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the Act, register such stop order against the certificate of title for the land that is the
subject of the stop order.
(4) If the Village is required to perform a stop order, the Village will, in accordance with
the Act, register such costs incurred in executing the stop order against the tax roll of
the land that is the subject of the stop order.
2.6
OFFENCES AND PENALTIES
(1)
A person who contravenes or does not comply with a provision of the Municipal
Government Act, the Subdivision and Development Regulation, the Land Use Bylaw, a
stop work order issued under this bylaw, a development permit or subdivision
approval, or a decision of the Subdivision and Development Appeal Board or who
obstructs or hinders any person in the exercise or performance of their powers or
duties under the Municipal Government Act, the Subdivision and Development
Regulation, or this bylaw is guilty of an offence.
(2)
A person who is found guilty of an offence pursuant to subsection (1) is liable to a fine
not more than $10,000 or to imprisonment for not more than one (1) year, or to both
fine and imprisonment.
(3)
If a person is found guilty of an offence under the Municipal Government Act or this
bylaw, the court, in addition to any other penalty imposed, may order the person to
comply with the Act or this bylaw or permit issued under this bylaw.
(4)
Development Permit applications submitted after site preparation or construction has
commenced may be subject to double fee provisions, as described in the fee schedule
established by resolution of Council.
2.7
APPEAL
(1)
An appeal of an order, a decision, or a failure to make a decision of the Development
Authority may be made in writing to the Subdivision and Development Appeal Board in
accordance with the provisions of the Subdivision and Development Appeal Board
Bylaw.
2.8
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this Land Use Bylaw does not exempt any person
from:
(1)
the requirement of any federal, provincial or municipal legislation; and;
(2)
complying with any easement, covenant, agreement or contract affecting the
development.
SCHEDULE A
- 32 -
SCHEDULE A
- 33 -
A copy of Schedule A Land Use District Map is located at the back of this Land Use Bylaw.
SCHEDULE A
- 34 -
SCHEDULE B
- 35 -
SUPPLEMENTARY REGULATIONS
1.
BUILDINGS
1(1)
Accessory Buildings
(a) Residential Districts
(i)
No accessory building or any portion thereof shall be erected or placed
within the front yard of a parcel.
(ii)
An accessory building on an interior parcel shall be situated so that the
exterior wall is at least 0.91 m (3.00 ft.) from the side and rear boundaries
of the parcel.
(iii)
An accessory building on a corner parcel shall not be situated closer to
the street than the main building. It shall not be closer than 0.91 m (3.00
ft.) to the other side parcel boundary or the rear parcel boundary.
(iv)
An accessory building shall not be more than 4.5 m (14.76 ft.) in height,
and shall not exceed the height of the main building.
(v)
Notwithstanding subsection (iv) of this Section, a detached garage shall
not be more than 7.6 m (25 ft.) in height, and shall not exceed the height
of the main building.
(vi)
Notwithstanding subsections (ii) and (iii) of this Section, an accessory
building or any portion thereof may be erected or placed on the rear or
side boundary common to two parcels provided the accessory building
serves the two abutting parcels.
(vii) An accessory building erected or placed on a parcel shall not be used as
a dwelling.
(b)
Other Districts
(i)
No accessory building or any portion thereof shall be erected or placed
within the front yard of a parcel.
1(2)
Building Orientation and Design
The design, character and appearance of any building, or series of buildings,
structure or sign proposed to be erected or located in any District must be
acceptable to the Development Officer/Municipal Planning Commission having due
regard to
SCHEDULE B
- 36 -
(i)
amenities such as daylight, sunlight and privacy
(ii)
the character of existing development in the District, and
(iii)
its effect on adjacent parcels.
1(3)
Number of Buildings on a Parcel
At the discretion of the Development Authority, construction may commence on a
second residence if that area is removed from the original parcel prior to an
occupancy permit being issued. [Bylaw No. 423-10]
1(4)
Relocation of Buildings
(a)
No person shall
(i)
place on a parcel a building which has previously been erected or placed
on a different parcel, or
(ii)
alter the location on a parcel of a building which has already been
constructed on that parcel
unless a development permit has been issued by the Municipal Planning
Commission.
(b)
In addition to the requirements of Section 2.3(1), PART TWO, the Municipal
Planning Commission may require an application for a development permit to
be accompanied with
(i)
recent colour photographs showing all sides of the building;
(ii)
a statement on the age, size and structural condition of the building, and
(iii)
a statement of proposed improvements to the building.
(c)
An application for a development permit may be approved by the Municipal
Planning Commission if the proposal meets all of the regulations specified
under the appropriate Land Use District in which it is proposed to be located.
(d)
Where a development permit has been granted for the relocation of a building
either on the same parcel or from another parcel, the Municipal Planning
Commission may require the applicant to provide a security in the form of a
certified cheque or letter of credit of such amount to ensure completion of any
renovations set out as a condition of approval of a permit.
(e)
All structural and exterior renovations shall be completed within one year of the
issuance of a development permit.
1(5)
Building Demolition
SCHEDULE B
- 37 -
An application to demolish a building shall not be approved without a statement or
plan which indicates:
(a)
how the operation will be carried out so as to create a minimum of dust or other
nuisance, and
(b)
the final reclamation of the parcel
which is satisfactory to the Development Authority.
[Bylaw No. 423-10]
2.
YARDS
2.(1)
Projections Over Yards
Projections on foundation walls and footings, or on piles are deemed to be part of
the building, and shall not be considered as a projection over a yard.
(a)
In residential Districts the portion of and attachments to a main or accessory
building which may project over or on a minimum yard are:
(i)
Side Yards
Any projection, including unenclosed steps or eaves, not exceeding one-half of
the minimum sideyard required for the building, except in laneless
subdivisions where Section 2(4)(a) of Schedule B shall apply;
SCHEDULE B
- 38 -
(ii)
Front Yards
Any projection not exceeding 1.52 m (5.00 ft.) over or on the minimum
front yard;
(iii)
Front and Rear Yard
Unenclosed steps, if they do not project more than 2.44 m (8.00 ft.) over
or on a minimum front or year yard.;
(iv)
Rear Yards
Any projection not exceeding 3.05 m (10.00 ft.) over the minimum rear
yard.
(b)
In all other Districts, the portion of and attachments to a main or accessory
building which may project over or on a minimum yard are:
(i)
any projection not exceeding 1.52 m (5.00 ft.) into a front or rear yard;
(ii)
any projection not exceeding 0.61 m (2.00 ft.) into a side yard;
(iii)
any projection that is an exterior fire escape not exceeding 1.22 m (4.00 ft.)
in width.
(c)
No portion of a building shall project into a public or private right-of-way.
2(2)
Objects Prohibited or Restricted in Yards
(a)
No person shall allow a motor vehicle which is in a dilapidated or unsightly
condition, or a derelict vehicle to remain or be parked on a parcel in a
residential District, unless it is suitably housed or screened to the satisfaction of
the Development Authority.
(b)
No person shall allow a holiday trailer, motor home, camper, or large boat to be
stored in any yard abutting a street in a residential District, except in a rear yard
on a corner parcel where it shall not be less than 3.05 m (10.00 ft.) from the
boundary of the street.
(c)
A holiday trailer, motor home or camper parked in a residential District may be
used for living and sleeping accommodation only by bona fide tourists for a
maximum period of 30 days per annum.
(d) No person shall allow a vehicle of more than 4,540 kg (10,009.0 lbs) (GVW)
and/or a length of 6.5 m (21.3 ft.) to be parked or stored in a residential District,
except those vehicles described in subsection 2(2)(b) of this Schedule.
[Bylaw No. 427-11]
SCHEDULE B
- 39 -
2(3)
Satellite Dish Antennas
(a)
A satellite dish antenna shall only be located in a rear yard, or a side yard
which does not abut a street.
(b)
On an interior parcel, a satellite dish antenna shall be situated so that no part
of it is closer than 1 m (3.28 ft.) from the side or rear boundaries of the parcel.
(c)
On a corner parcel, a satellite dish antenna shall be situated so that no part of
it is closer to the street than the main building, or closer than 1 m (3.28 ft.) from
the other side parcel boundary or the rear parcel boundary.
(d)
Where any part of a satellite dish antenna is more than 4 m (13.12 ft.) above
grade level, or when it is located other than described in subsection 2(3)(a)
above, it shall be both screened and located to the satisfaction of the
Development Authority.
(e)
No advertising other than the manufacturer's name/logo shall be allowed on a
satellite dish antenna.
(f)
The illumination of a satellite dish antenna is prohibited.
(g)
A satellite dish antenna is an accessory use which requires an approved
development permit.
2(4)
Laneless Subdivisions
(a)
In a laneless subdivision in a Residential District, one side yard shall not be
less than
(i)
1.5 m (4.92 ft.), in the case of a detached dwelling with attached garage,
or
(ii)
3.05 m (10.00 ft.), in the case of a detached dwelling without attached
garage;
and both side yards shall not be less than
(i)
1.5 m (4.92 ft.) in the case of a duplex with attached garages, or
(ii)
3.05 m (10.00 ft.), in the case of a duplex without attached garages.
(b)
In a laneless subdivision in a commercial or industrial District one side yard
shall be not less than 6.1 m (20.00 ft.). This does not apply to an accessory
building where such building is located to the rear of the main building and
separated there from by a minimum distance of 12.04 m (39.5 ft.).
2(5)
Setbacks on Major Roadways
Where a parcel abuts a street for which a setback is established, the minimum yard
SCHEDULE B
- 40 -
requirement shall be increased by the amount of the applicable setback shown
below.
Street
From
To
Existing
Right-of-Way
Setback
Required
South Side of
Hwy. 580
Easterly Village
Boundary
Hwy. 22
66 ft.
10.00 ft. (3.05 m)
East Street
Hwy. 580
Entire Length
of Street
66 ft
10.00 ft. (3.05 m)
2(6)
Access to Highways
All proposed accesses onto Highway 22 and Highway 580 must meet Village of
Cremona and Alberta Infrastructure and Transportation (AIT) standards. All
development permits proposed for lands adjacent the aforementioned Highways
must be referred to AIT for comments. Service roads will be required for lands
south of Highway 580 and shall be built to the Village of Cremona and AIT
standards.
SCHEDULE B
- 41 -
3.
VEHICLES
3(1)
Parking
(a) The following minimum number of parking spaces shall be provided and
maintained upon the use of a parcel or a building in any District as described in
Schedule C of this Land Use Bylaw. Any calculation of the number of parking
spaces which produces a requirement for part of a space shall be rounded up
to the next highest integer.
USES
PARKING SPACES
Public
Hospitals and nursing homes
Places of worship
Public assembly buildings
Schools
Elementary and junior high
Senior high
1.0/4 beds and 1.0/2 employees at max.
staffing
1.0/4 seats
1.0/4 seats
1.0/1 employee
1.0/1 worker and 1.0/15 students
Residential
Apartments,
bachelor suites
1 bedroom
2 bedroom
3 or more bedrooms
visitor parking and vehicle storage
fourplexes and rowhousing
Secondary Suites
Bed and Breakfast
Boarding and Rooming House
All others
1.0/unit
1.25/unit
1.5/unit
2.0/unit
0.25/unit
2.0/unit
1.0/unit
1.0/bedroom or in the case of an open dorm
style room 1.0/bed
2.0/3 units of accommodation
2.0/dwelling
Uses not listed above
The number of spaces shall be determined
by the Municipal Planning Commission
having regard to similar uses listed above
and the estimated traffic generation and
attraction of the proposed use.
SCHEDULE B
- 42 -
(b)
When a building is enlarged or the use of a parcel or a building is changed or
increased in intensity, the additional parking spaces to be provided shall be
limited to the difference between the requirement of the original building or use
and that of the enlarged building or changed or intensified use.
(c)
The parking space requirement on a parcel which has or is proposed to have
more than one use shall be the sum of the requirements for each of those
uses.
(d) Any loading space provided pursuant to subsection 3(2) of this Schedule may
be used as parking space.
USES
NO. OF
PARKING SPACES/ GFA
(GROSS FLOOR AREA)
Commercial
Indoor merchandise sales
District shopping centres
Neighbourhood shopping centres
Other
Offices
Motels/Hotels
Personal services
Repair services
Restaurants, lounges and taverns
Drive-in businesses
Vehicle and equipment sales
5.0/100 m2 (1,076.4 sq.ft.)
4.0/100 m2 (1,076.4 sq.ft.)
3.5/100 m2 (1,076.4 sq.ft.)
2.0/100 m2 (1,076.4 sq.ft.) of office
administration area and 0.5/1.5 m2 (16 sq.ft.)
of customer reception area
1.0/guest room and 1.0/staff at night
2.0/100 m2 (1,076.4 sq. ft.)
2.0/100 m2 (1,076.4 sq. ft.)
1.0/5 seats and 1.0/ 2 employees
parking spaces as calculated for the
business plus additional queuing spaces as
per Section 3(6)
2.0/100 m2 (1,076.4 sq.ft.)
Industrial
Manufacturing industry
Minimum provision
Office/Administration area
Other area
Warehousing and Storage
Minimum provision
Office area
Storage area
6.0
2.0/100 m2 (1,076.4 sq. ft.)
1.0/100 m2 (1,076.4 sq. ft.)
4.0 per bay
2.0/100 m2 (1,076.4 sq. ft.)
0.7/100 m2 (1,076.4 sq. ft.)
SCHEDULE B
- 43 -
(e)
Each parking space shall have dimensions of not less than 3.05 m (10 ft.) by
5.8 m (19 ft.).
(f)
The dimensions of parking areas shall be as set out in the following diagram
and table
A
B
C
D
E
F
G
Parking
Angle
Stall
Width
Stall
Depth
Overall
Depth
Manoeuvring
Space
Curb
Length
Row End
Length
0°
7.0 m
(23 ft.)
2.9 m
(9.5 ft.)
9.14 m
(30 ft.)
3.66 m
(12 ft.)
6.70 m
(21.98 ft.)
0.00 m
30°
2.75 m
(9.02 ft.)
5.00 m
(16.4 ft.)
13.50 m
(44.29 ft.)
3.5 m
(11.48 ft.)
5.45 m
(17.89 ft.)
0.85 m
(2.79 ft.)
45°
3.05 m
(10 ft.)
6.1 m
(20 ft.)
15.7 m
(51.5 ft.)
3.8 m
(12.5 ft.)
3.85 m
(12.63 ft.)
2.05 m
(6.72 ft.)
60°
2.75 m
(9.02 ft.)
6.0 m
(19.69 ft.)
17.5 m
(57.41 ft.)
5.5 m
(18.04 ft.)
3.20 m
(10.49 ft.)
2.00 m
(6.56 ft.)
90°
3.05 m
(10 ft.)
5.8 m
(19 ft.)
18.3 m
(60 ft.)
6.7 m
(22 ft.)
3.05 m
(10 ft.)
0.00 m
SCHEDULE B
- 44 -
(g)
A minimum standard of 25 m2 (269 sq. ft.) per parking space shall be used for
general calculations for the areas of parking facilities or the number of parking
spaces in a parking facility.
(h)
In the Central Commercial District, in lieu of providing parking spaces and
subject to the approval of the MPC, a payment may be made to the Village at a
rate per space which shall be determined from time to time by Council through
resolution.
(i)
Parking spaces shall be located on the same parcel as the use for which they
are being provided except that, subject to the approval of the Municipal
Planning Commission, the spaces may be located on another parcel within 50
m (164.0 ft.) walking distance, provided that a restrictive covenant, ensuring
the use of the parcel for the required number of parking spaces, is registered
against the Certificate of Title of that parcel.
(j)
Hard surfacing of the parking area shall be required, where a parking area
enters a paved public roadway, otherwise, the surfacing shall be all-weather.
(k)
As a condition of development permit, an irrevocable letter of credit or a
certified cheque may be required up to 200% of the value of the estimated cost
of the proposed paving/parking to ensure that such paving/parking is carried
out with reasonable diligence. The condition of the security being that, if the
paving/parking is not completed in accordance with this Bylaw and the
development permit within one construction season after completion of the
development, then the amount fixed shall be available to the Village for its use
in installing the required paving/parking.
3(2)
Loading Spaces
(a)
Loading spaces shall be required for all non-residential development and
apartments.
(b)
Loading spaces shall be designed and located so that all vehicles using those
spaces can be parked and manoeuvred entirely within the bounds of the parcel
before moving onto a public roadway.
(c)
Loading spaces shall be located in rear and side yards only.
(d)
A loading space shall be at least 3.5 m x 8 m (11.48 ft. x 26.25 ft.), with an
overhead clearance of at least 4.6 m (15.09 ft.).
(e) Hard surfacing of the loading space shall be required, where a loading space
enters a paved public roadway, otherwise, the surfacing shall be all-weather.
SCHEDULE B
- 45 -
3(3)
Vehicle Access to Buildings
(a)
Any building into which a vehicle may enter shall have a driveway on the parcel
at least 6.1 m (20.0 ft.) in length, except where the driveway enters a lane,
where it shall be either 1 m (3.28 ft.) or at least 6.1 m (20.0 ft.).
3(4)
Sight Lines at Intersections of Roadways
(a)
At the intersection of lanes, a 3.05 m (10 ft.) sight triangle shall be provided
(see diagram below).
(b)
At the intersection of other roadways, the Development Authority may require
the calculation of sight triangles where:
(i)
one or more rights-of-way is less than 15 m (49.21 ft.), or
(ii)
regulated vehicles speed exceeds 50 km/h, or
(iii)
one of the carriageways is not centred in its right-of-way, or
(iv)
an intersection leg is curved or skewed, or
(v) an intersection leg is sloped at 2% or greater.
(c)
Sight triangle calculations shall be in accordance with the recommended
methods of the Roads and Transportation Association of Canada regarding
crossing sight distance for roadways.
SCHEDULE B
- 46 -
3(5)
Driveways
(a)
At street intersections, driveways shall be setback from the parcel boundaries
which form the intersection not less than
(i)
6.1 m (20 ft.) where the driveway serves not more than four dwelling
units, or
(ii)
15.09 m (49.5ft.) for all other uses,
except where existing or planned traffic volumes indicate that a greater
distance is required to improve or maintain traffic safety and efficiency.
(b)
The maximum width of a driveway shall be 9.75 m (32 ft.).
(c)
The minimum distance between driveways shall be:
(i)
nil, where the driveways serve single dwelling units,
(ii)
6.1 m (20 ft.), where the driveways serve any other use,
except where existing or planned traffic volumes indicate that a greater
distance is required to improve or maintain traffic safety and efficiency.
(d)
The minimum angle for a driveway to a use which generates high traffic
volumes shall be 70°.
(e)
To ensure that the movement of traffic is both safe and efficient, driveways are
not allowed on the streets identified on Schedule A, unless alternative access
is available.
3(6)
Queuing Spaces
(a)
for drive-in/through food and beverage services a minimum of six (6) in bound
queuing spaces shall be provided prior to the service window;
(b)
for drive through vehicle services a minimum of eight (8) inbound queuing
spaces shall be provided prior to each service bay and a minimum of five (5)
outbound queuing spaces shall be provided prior to exiting onto any public
roadway; and
(c)
each queuing space shall be a minimum of 3.05 m (10 ft.) in width and 5.8 m
(19 ft.) in length and shall allow adequate space for turning and manoeuvring.
3(7)
Site Circulation
The space for the manoeuvring and circulation of vehicles on a parcel shall
be sufficient to ensure that vehicles do not drive onto roads other than lanes
SCHEDULE B
- 47 -
or onto adjacent parcels when manoeuvring and circulating, except where
an easement is registered for these purposes against the title to the
adjacent parcels.
4.
NON-CONFORMING BUILDINGS AND USES
(a)
A non-conforming use of land or a non-conforming use of a building may be
continued but if that use is discontinued for a period of six consecutive months
or more, any future use of the land or building shall conform with the provisions
of this Land Use Bylaw.
(b)
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building , shall
not be enlarged or added to and no structural alterations shall be made thereto
or therein.
(c)
A non-conforming use of part of a parcel shall not be extended or transferred in
whole or in part to any other part of the parcel and no additional buildings shall
be erected upon the parcel while the non-conforming use continues.
(d)
A non-conforming building may continue to be used but the building shall not
be enlarged, added to, rebuilt or structurally altered except
(i)
as may be necessary to make it a conforming building, or
(ii)
as the Development Authority considers necessary for the routine
maintenance of the building.
(iii)
in accordance with the Land Use Bylaw that provides minor variance
powers to the development authority for the purposes of this section.
(e)
If a non-conforming building is damaged or destroyed to the extent of more
than 75 percent of the value of the building above its foundation, the building
shall not be repaired or rebuilt except in accordance with this Land Use Bylaw.
(f)
The use of land or the use of a building is not affected by reason only of a
change of registered ownership, tenancy or occupancy of the land or building.
5.
SIGNS
5(1)
General Provisions
(a)
A sign shall not conflict with the general character of the surrounding
streetscape or the architecture of nearby buildings or be liable to create a
cluttered appearance to the streetscape.
SCHEDULE B
- 48 -
(b)
No sign shall project higher than the roof-line of the building to which it is
attached.
(c)
A sign shall not project closer than 0.76 m (2.50ft.) to the existing or future curb
line.
(d)
Where a sign projects over public property, a minimum clearance of 2.6 m (8.5
ft.) above grade level shall be maintained.
(e)
Notwithstanding subsection (d), where a sign is located in or projects into or
over a driveway or other area of vehicle movement, a minimum clearance of
4.57 m (15.00 ft.) above grade level shall be maintained.
(f)
A sign shall not obstruct the view of or be liable to be confused with an official
traffic sign, signal or device or otherwise pose a potential hazard to traffic.
(g)
A sign shall not display lights which may be mistaken for the flashing lights
customarily associated with danger or those used by police, fire ambulance or
other emergency vehicles.
5(2)
Facia and Projecting Signs
(a)
No facia or projecting sign shall be lower than 2.6 m (8.5 ft.) above grade,
except in the case of signs intended solely for the information of pedestrian in
which case the height shall be determined by the Municipal Planning
Commission having regard, amongst other things, to clarity and safety.
(b)
No facia or projecting sign on a single storey building shall be higher than the
eaveline of the building.
(c)
No facia sign shall project more than 0.4 m (1.31 ft.) over a street or public
property.
(d) No facia or projecting sign on a building two or more storeys in height shall be
higher than the sill level of the second floor windows or the equivalent height in
the case of attachment to a blank wall.
(e)
The maximum size for projecting signs shall be 1 m2 (10.76 sq. ft.).
(f)
On corner sites, projecting signs shall be placed at equal angles to the walls
that form the corner and on other sites, at right angles to the wall.
(g)
Projecting signs shall not project more than 1.07 m (3.5 ft.) over a street or
public property.
(h)
Only one projecting sign may be erected on each street frontage of a building.
SCHEDULE B
- 49 -
5(3)
Freestanding Signs
(a)
No freestanding sign shall extend beyond 6.1 m (20 ft) above grade or be
larger than 4.5 m2 (48.5 ft.2) except in a Highway Commercial District where
(i)
the maximum in all cases other than a district shopping centre, shall be 7
m (23 ft.) in height and 9.5 m2 (102 ft.2) in area, and
(ii)
at a district shopping centre, the maximum shall be 8.53 m (28 ft.) in
height and 14 m2 (150 ft.2) in area.
(b)
Only one freestanding sign may be erected on each of a parcel's boundaries
with a street and no portion of freestanding sign may project over the parcel
boundary.
(c)
No freestanding sign shall be erected in such proximity to a Public Recreation
or Environmental Open Space District that it would detract from the natural
aesthetics of that District.
(d)
Freestanding signs shall be separated by a minimum distance of 30 m (98.43
ft.) from each other.
(f)
Freestanding signs shall only be erected on sites to which their display relates
except in the case of
(i)
advance directional signs which may be approved by the Municipal
Planning Commission in locations where it considers the free and safe
flow of traffic may be enhanced, or
(ii)
signs used solely by community organizations.
5(4)
Billboards
(e)
Billboards shall only be permitted in the Highway Commercial and Industrial
Districts except on sites fronting Highway 580.
(f)
Billboards shall be placed in accordance with the following:
(c) billboards shall be spaced a minimum of 300 m (984 ft.) apart.
(ii)
no billboard shall be permitted on a site that contains a free standing
sign, portable sign or any other sign not attached to the principle building
on the site.
(iii)
no billboard shall be located on a site that contains a regional or district
shopping/strip mall
(iv)
no billboard shall
SCHEDULE B
- 50 -
I.
contain an advertising face more than 3.05 m (10 ft.) in height and
6.1m (20 ft.) in length;
II.
have a height greater than 6.1 m (20ft.);
III.
be located closer than 3.05 m (10 ft.) to a property line;
IV.
be erected, constructed, altered or used anywhere within the
Village except as where provided within this Bylaw;
V.
project over any property line;
VI.
be less than 2.44 m (8 ft.) above the ground.
(v)
The land near and about where the Billboard is located shall be
maintained in a neat and clean manner and kept free of litter at all times.
(vi)
Where the rear of the sign is visible to the public it may be required to
attached a second face or finish it with an acceptable material to the
satisfaction of the Development Authority.
(vii)
A billboard sign may be illuminated but shall not incorporate flashing
lights.
5(5)
Portable Signs
(a)
Portable signs may only be used to advertise businesses which commence
operation on the parcel upon which the sign is erected within 60 days before or
after the date of application for a development permit.
(b)
The use of a portable sign shall be limited to a maximum of 60 days following
which time the sign shall be removed from the parcel.
(c)
Only one portable sign shall be permitted on a parcel at any one time and a
minimum of 30 days shall elapse between the removal of one portable sign
and the erection of another on the same parcel.
(d)
No portable sign shall be higher than 2 m (6.6 ft.) above grade or larger than 3
m2 (32 ft2).
(e)
Portable signs must be located on sites to which their display relates and may
be situated on, but not over, the property boundary.
5(6)
Awning Signs
Awning signs shall only be permitted if the awning is a minimum of 2.6 m (8.5 ft.)
above grade level.
5(7)
Other Signs
The Municipal Planning Commission may approve other signs subject to the General
Provisions of subsection 5(1).
SCHEDULE B
- 51 -
5(8)
Sign Removal
Where a sign no longer fulfils its function under the terms of the approved
development permit, the Municipal Planning Commission may recommend that the
Council resolve to order the removal of such a sign, and the lawful owner of the sign
or where applicable, the registered property owner, shall, upon such a resolution,
(a)
remove such a sign and all related structural components within 30 days from
the date of receipt of such a removal notice,
(b)
restore the immediate area around the sign to the satisfaction of the Municipal
Planning Commission,
(c)
bear all the costs related to such removal and restoration.
6.
LANDSCAPING, ENVIRONMENTAL CONSERVATION AND DEVELOPMENT
Unless otherwise specified in Schedule C, the following standards of landscaping
shall be required for all areas of a parcel not covered by buildings, driveways,
storage and display areas:
(a) the conservation of existing trees and shrubs to the maximum extent possible;
(b)
the retention, in their natural state, of
(i)
swamps, gullies and natural drainage courses,
(ii)
unstable land,
(iii)
land subject to flooding by a 1:1000 year flood,
(iv)
land with a natural gradient of 15% or greater, and
(v)
a strip of land not less than 15.1 m (49.5 ft.) in width along any river,
stream, creek or lake, such distance to be measured from the top of the
bank;
(c)
the appropriate screening of outside storage areas, parking facilities and
loading areas from adjacent buildings and public roadways to the satisfaction
of the Development Authority;
(d)
a 4.6 m (15 ft.) landscaped buffer is required between any residential and non-
residential parcel and shall include a mixture of deciduous and coniferous
trees, with a minimum of 33% being coniferous, at a minimum 1.53 m (5 ft.) in
height and located to the satisfaction of the Development Authority.
(e)
multi-unit sites (two units and over), apartments and highway commercial sites
shall be landscaped as follows:
(i)
10% of the total area with one tree for every 35 m2 (538 ft. 2) and 4
SCHEDULE B
- 52 -
shrubs for every 100 m2 (1076.5 ft. 2)
(ii)
the balance of the site not covered by buildings or parking at a rate of 1
tree or four shrubs for every 150 m2 (1614.5 ft.2)
(iii)
trees shall be a mixture of coniferous and deciduous with a minimum
33% being coniferous, at a minimum of 1.53 m (5 ft.) in height and
located to the satisfaction of the Development Authority.
(f)
notwithstanding Section 6(e) above, a 3.05 m (10 ft.) perimeter landscaping
shall be provided along the property boundaries of Highway Commercial and
Industrial sites adjacent any public road (other than a lane). Landscaping shall
include trees (being a minimum of 5 ft. in height) provided to the satisfaction of
the Development Authority. The required perimeter landscaping for Highway
Commercial sites may be included in the overall calculation for landscaping as
per Section 6(e).
(g)
the Development Authority may require the developer to provide securities in
the way of irrevocable letter of credit or certified cheque equal up to 200% of
the estimated landscaping cost as a condition of development permit. The
developer shall provide a quote of the estimated costs of the required
landscaping to the satisfaction of the Development Authority.
(h)
Securities taken by the Development Authority for landscaping will be returned
to the Developer, upon written request, once an inspection has taken place and
the Development Authority is satisfied with the quality of the landscaping
supplied.
(i)
a maximum of 10% of the parcel area may be hard landscaped to the
satisfaction of the Development Authority, except in the Industrial District where
a maximum of 30% of the parcel area may be hard landscaped.
7.
MISCELLANEOUS
7(1)
Home Occupations
Home occupations shall comply with the following:
(a)
a home occupation shall not include any use of operation which interferes with
the rights of neighbouring residents to a quiet enjoyment of their property by
way of noise, dust, smoke, steam, fumes, exhaust, odour, heat, glare,
vibration, the generation of excess traffic, excessive on-street parking, late
calling of clients, the loss of visual character of privacy, or any other
objectionable effect;
(b)
a home occupation shall be incidental and subordinate to both the residential
use and the accessory building
SCHEDULE B
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(c)
there shall be no signs or advertisement displayed from the residence or
property;
(d)
there shall be no outside storage of materials, commodities or finished
products, or any hazardous or dangerous goods;
(e)
no commodity other than the product or service of the home occupation shall
be sold on the premises; and
(f)
no person other than a resident of the dwelling shall be employed.
(g)
on-street parking is not allowed for a home occupation;
(h)
a home occupation shall only be allowed in combination with a single-detached
dwelling, modular home or mobile home. A home occupation shall not be
allowed on the same parcel as a bed and breakfast, boarding/rooming house
or another home occupation;
(i)
a home occupation shall not be allowed if, in the opinion of the development
authority, it would be more appropriately located in a commercial or industrial
district;
7(2)
Swimming Pools
Every private swimming pool shall be secured against entry of the public other than
owners, tenants or their guests.
7(3)
Dangerous Goods
Prior to making any decision on a development application which involves dangerous
goods or development on adjacent land or in close proximity to any dangerous
goods or oil and gas related facility including pipelines, the Development
Officer/Municipal Planning Commission shall refer the development proposal to the
appropriate regulatory authority for comments.
7(4)
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A temporary fence shall be erected around all excavations which in the opinion
of the Development Officer/Municipal Planning Commission may be hazardous
to the public.
(b)
Where finished ground elevations are established, all grading shall comply
herewith.
(c)
All parcels shall be graded to ensure that storm water is directed to a public
roadway without crossing adjacent land, except as permitted by the Municipal
Planning Commission.
SCHEDULE B
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(d)
All topsoil shall be retained on the parcel, except where it must be removed for
building purposes.
7(5)
Secondary Suites
(a)
Secondary suites may only be situated in a detached dwelling that is occupied
by the registered owner and shall remain subordinate and secondary to the
detached dwelling.
(b)
The number of secondary suites per detached dwelling shall be limited to one
(1).
(g)
One additional off-street parking space shall be provided in accordance with
Section 3(1) of Schedule B.
(h)
Secondary suites must meet Alberta Building Code standards.
7(6)
Bed and Breakfast Establishments
(a)
The residential nature of the dwelling and the neighbourhood shall be
preserved as much as reasonably possible.
(b)
A dwelling that is being used as a bed and breakfast establishment shall not be
used as a boarding and rooming house or home occupation at the same time.
[Bylaw No. 423-10]
(c)
The granting of a development permit for a bed and breakfast establishment
does not exempt compliance with any provincial regulations or other permit
requirements.
7(7)
Development Setbacks from Oil and Gas Wells, Landfills and Waste Sites
All developments must be setback from oil and gas facilities, landfills and waste sites
in accordance with the Municipal Government Act Subdivision and Development
Regulation.
7(8)
Development on or Near Slopes
(a)
For the purposes of this Section, "top of the bank" is as determined
by the Development Authority.
(b)
Notwithstanding the yard requirements prescribed in the land use
districts, no permanent buildings intended for human habitation shall
be permitted within 10 m of the top of the bank of any waterbody and
no development shall be permitted within 20 m of the top or bottom
of a slope where the grade exceeds 15% (fifteen percent).
(c)
The Development Authority may require a greater setback than is
SCHEDULE B
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prescribed in subsection (2) above.
(d)
Notwithstanding that a proposed development conforms in all
respects with this Bylaw, including subsection (2) above, where the
application is for development on lands that are or may be subject to
subsidence, the Development Authority may require the applicant to
demonstrate, by means of an engineering report bearing the seal
and signature of a professional engineer registered in the Province
of Alberta, that preventative engineering and construction measures
can be instituted to ensure suitability of the development to the site.
(e)
Further to subsection (4), the Development Authority may require
that the development site and buildings be designed by a
professional engineer registered in the Province of Alberta.
(f)
Subject to subsections (4) and (5), the Development Authority may
reduce the setback requirements if the applicant provides
satisfactory proof of slope stability.
(g)
Development permit applications for any open, enclosed, attached or
detached swimming and wading pool, any water fountain and/or
water sculpture, any water reservoirs and water tanks, any
ornamental ponds and lakes, and any water retaining excavation
structure or vessel that could alter sub-soil adhesion characteristics
on sites abutting or adjacent the "top of bank" shall be accompanied
by a report prepared by a qualified, registered professional engineer
detailing the structural components of the proposal which will
mitigate risks to bank stability.
7(9)
Adult Entertainment Establishments
Unless otherwise approved by Council, an adult entertainment establishment shall
not be located on a parcel having a minimum radius of less than 150 m (492 ft.) from
the boundary of a parcel in a residential district, and from the boundary of a parcel
accommodating a private, public or separate school, church, public park or
playground, day care (or similar) facility or any other adult entertainment facility.
7(10) Deferred Paving and Landscaping
If a street, lane or boulevard abutting a site in a commercial or industrial District is
not paved or landscaped, the Development Authority may permit an extension of
not more than 12 months following notification by the Village of completion of such
paving or landscaping within which the owner shall comply with this Bylaw's
requirements for onsite paving and landscaping, provided that the registered
owner of the site enters into an agreement in writing satisfactory to the Village to
complete such works. The Village may register a caveat on the title to the site to
protect the agreement.
SCHEDULE B
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8.
MANUFACTURED HOMES IN R1, R2 RESIDENTIAL DISTRICTS
The external appearance of manufactured homes must be acceptable to the Development
Authority having regard to compatibility with other buildings in the vicinity and must have the
following:
(a)
a minimum roof pitch of 4:12;
(b)
a roof surface of wood or asphalt shingles, clay or concrete tiles, slates or
wood shakes;
(c)
a minimum roof overhang or eaves of 0.40 m (16 inches) from each external
wall;
(d)
a maximum length to width ratio of 3:1;
(e)
a minimum width of 6.7 m (22 ft.);
(f)
a permanent foundation.
9.
GUIDELINES FOR OTHER LAND USES
9(1)
All uses which are not covered by specific regulations in Schedule C shall, in
accordance with the following guidelines, be
(i)
separated from adjacent uses by such distance as to ensure that there will be
no adverse impact upon or by those adjacent uses,
(ii)
at a density which is consistent with that prevailing in the area, unless
otherwise provided for in a statutory plan,
(iii)
set-back from any parcel boundary abutting a public roadway a sufficient
distance to ensure that the development will not be visually intrusive, having
regard to any possible changes in surrounding uses,
(iv)
of a height which will be consistent with that prevailing in the area,
(v)
development in such a manner that there will be no adverse impact upon or by
traffic on adjacent public roadways, and
(vi)
developed in conformance with any applicable statutory plan policies.
10.
AUTOMOBILE, MACHINERY AND MISCELLANEOUS EQUIPMENT STORAGE
(a)
No person shall allow a motor vehicle or other machinery which is in a
dilapidated unsightly condition, or discarded, to remain or be parked on any lot in
the Village of Cremona unless it is suitably housed or screened to the
satisfaction of the Development Officer, or has been issued a Development
Permit.
SCHEDULE C
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LAND USE DISTRICT REGULATIONS
LOW DENSITY RESIDENTIAL DISTRICT (R1)
General Purpose:
To provide an area for low density residential development in the form
of detached dwellings and compatible uses, herein listed, which are
connected to the municipal sewer and water systems.
Permitted Uses:
Accessory building
Detached dwelling
Discretionary Uses:
Bed and Breakfast
Boarding and Rooming House
Duplex existing at the date of passage of this Land Use
Bylaw
Front Yard Fence
Home occupation
Manufactured Home
Parking facilities for uses in this District
Parks and playground
Public and quasi-public use
Screen
Secondary Suite
Sign
Solar panels
Utility building
Any use that is similar, in the opinion of the Municipal Planning
Commission, to be permitted or discretionary uses described above.
The following regulations apply to detached dwellings, boarding and rooming houses, and
manufactured homes
Minimum Front Yard:
7.6 m (25.00 ft)
Minimum Side Yard:
1.53 m (5.0 ft.) except where it abuts a public roadway - 4.6 m (15.00)
or as required in the Alberta Building Code, whichever is greater
3.05 (10.00 ft.) in the case of a detached dwelling, manufactured
home without an attached garage in a laneless subdivision.
Minimum Rear Yard:
10.1 m (33 ft.)
Minimum Parcel Area:
Interior Parcels 512 m2 (5,509 ft.2)
Corner Parcels 550 m2 (5,929 ft.2)
Maximum Parcel Coverage: 50%
SCHEDULE C
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Minimum Floor Area:
93 m2 (1,000 ft.2)
Landscaped Area:
In the case of applications for development permits for uses
other than detached dwellings, refer to Schedule B.
Maximum Building Height:
9.75 m (32 ft.) for principal building(s) only. [Bylaw No. 423-
10]
Manufactured Homes:
Design guidelines listed in Schedule B.
Home Occupations:
Additional regulations listed in Schedule B.
Supplementary
Regulations:
All uses must comply with the regulations in Schedule B
SCHEDULE C
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GENERAL RESIDENTIAL DISTRICT (R2)
General Purpose:
To provide an area for a variety of dwelling types and other
uses, herein listed, which are compatible with a residential
area, all of which are connected to the municipal sewer and
water systems.
Permitted Uses:
Accessory residential building
Detached dwelling
Duplex
Discretionary Uses:
Bed and Breakfast
Boarding and Rooming House
Front Yard Fence
Home Occupation
Manufactured Home
Parking Facility for Uses in this District
Parks and Playgrounds
Public and Quasi-public Use
Secondary Suite
Sign
Solar panels
Utility Building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary uses
described above.
Minimum Front Yard:
Detached dwellings, manufactured homes, duplexes:
7.6 m (25.00 ft.)
Minimum Side Yard:
Detached dwellings, manufactured homes, duplexes;
1.53 m (5.0 ft.), except where it abuts a public
roadway -
3.05 m (10.00)
3.05 (10.00 ft.) in the case of a detached dwelling,
duplex, manufactured home without an attached
garage in a laneless subdivision.
Minimum Rear Yard:
Detached dwellings, manufactured homes, duplexes:
10.1 m (33.00 ft.)
Minimum Floor Area:
79.0 m2 (850.0 ft2)
Minimum Parcel Area:
Detached dwellings, manufactured homes:
Interior parcels 464.5 m2 (5,000 ft2)
Corner parcels 512 m2 (5,511 ft2)
Duplexes:
Interior parcels 280 m2 (3,013.9 ft.2)
SCHEDULE C
- 60 -
Corner parcels 330 m2 (3,552.1 ft.2)
Maximum Parcel Coverage: Detached dwellings, duplexes: 50%
Landscaped Area:
Detached dwelling and manufactured homes:
No specified requirements.
Duplexes:
An area 6.1 m (20 ft) in perpendicular depth and 1.2
m (4 ft.) on either side from all windows of living
rooms, dining rooms and bedrooms (on first floors
and in basements) shall be landscaped, in addition
to any landscaping required elsewhere on the
parcel, in accordance with Schedule B.
For all other development refer to Schedule B.
Maximum Building Height:
Detached dwellings, manufactured homes, duplexes:
9.75 m (32 ft.) for principal building(s) only. [Bylaw
No. 423-10]
Manufactured Homes: Design guidelines listed in Schedule B.
Home Occupations:
Additional regulations listed in Schedule B.
Supplementary Regulations: All uses must also comply with the regulations in Schedule
B.
The regulations for all other uses shall be as established in Schedule B.
SCHEDULE C
- 61 -
MULTI-FAMILY RESIDENTIAL DISTRICT (R3)
General Purpose:
To provide an area for multi-family type uses at a higher
density, which are compatible with a residential area, all of
which are connected to the municipal sewer and water
systems.
Permitted Uses:
Accessory Building
Apartment
Duplex
Four-plex
Row housing
Discretionary Uses:
Bed and Breakfast, in existing single detached dwellings
only
Boarding and rooming house, in existing single detached dwellings
only
Detached dwelling, existing at the time of passage of this bylaw
Front yard fence
Funeral home
Home occupation
Multiple housing developments
Parking facilities for uses in this district
Park and playground
Public and quasi-public use
Screens
Secondary suite, in existing single detached dwellings only
Solar panels
Utility building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary uses
described above.
Minimum Front Yard:
Detached dwellings, duplexes, row houses, and four-plexes:
6.1 m (20.00 ft.)
Apartments:
7.6 m (25.00 ft.)
Multiple housing developments:
Sufficient separation or screening must exist to
maintain privacy within each dwelling under normal
conditions.
Minimum Side Yard:
Detached dwellings, duplexes, four-plexes, and row house
end units:
1.53 m (5.0 ft.), except where it abuts a public
roadway -
3.05 m (10.0)
3.05 (10.0 ft.) in the case of a duplex or four-plex
SCHEDULE C
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without an attached garage in a laneless subdivision.
Apartments:
3.5 m (10.0 ft.), except where it abuts a public
roadway - 6.1 m (20.0 ft.),
or as required in the Alberta Building Code,
whichever is greater.
Multiple housing development:
Sufficient separation or screening must exist to
maintain privacy within each dwelling under normal
conditions, or as required in the Alberta Building
Code, whichever is greater.
Minimum Rear Yard:
Detached dwellings, duplexes, row houses, four-plexes,
multiple unit dwellings and apartments:
10.1 m (33.00 ft.)
Multiple housing developments (incorporating buildings with
ground level private access)
Each dwelling unit shall have a private, screened
yard area of not less than 45 m2 (484.39 ft.2)
Minimum Floor Area:
Row houses, main floor (1 level):
790 m2 (850.0 ft2) per dwelling
Row houses, main floor (2 levels):
67.0 m2 (721.0 ft2) per dwelling
Apartments and four-plexes:
bachelor unit: 32.5 m2 (350.0 ft2) per dwelling
unit
one-bedroom unit: 51.0 m2 (549.0 ft2) per dwelling
unit
two-bedroom unit: 65.0 m2 (699.5 ft2) per dwelling
unit
three-bedroom unit: 78.75 m2 (847.5 ft2) per dwelling
Minimum Parcel Area:
Duplexes:
Interior parcels 325 m2 (3,497.0 ft.2) per dwelling unit
Corner parcels 370 m2 (3,981 ft.2) per dwelling unit
Row houses:
Interior parcels 185 m2 (1,991.5 ft.2), per dwelling
unit
Corner parcels 280 m2 (3,013.9 ft.2), per dwelling
unit
Fourplexes:
Interior parcels 180 m2 (1,937.5 ft2) per dwelling unit
Corner parcels 220 m2 (2,368 ft2) per dwelling unit
Apartments:
1.5 times the building's total floor area
SCHEDULE C
- 63 -
Maximum Parcel Coverage: Detached dwellings, duplexes, four-plexes and row housing
: 50%
Apartments:
75%
Multiple housing developments:
Determined by subtracting the minimum amenity
area from the parcel area
Landscaped Area:
An area 6.1 m (20 ft) in perpendicular depth and 1.2 m (4
ft.) on either side from all windows of living rooms, dining
rooms and bedrooms (on first floors and in basements) shall
be landscaped, in addition to any landscaping required
elsewhere on the parcel, in accordance with Section 6 of
Schedule B.
Maximum Building Height:
Detached dwellings, duplexes, row houses and four-plexes:
9.75 m (32 ft.) for principal building(s) only.
Apartments:
13.5 m (44 ft.) for principal building(s) only.
Multiple housing developments:
As required for the various housing types as
described above.
[Bylaw No. 423-10]
Home Occupations:
Additional regulations listed in Schedule B.
Supplementary Regulations: All uses must also comply with the regulations in Schedule B.
The regulations for all other uses shall be as established in Schedule B.
SCHEDULE C
- 64 -
MANUFACTURED HOME DISTRICT (R4)
General Purpose:
To provide an area for and to regulate the development
and use of land for manufactured homes, and other uses,
herein listed, which are compatible with a residential area,
either on separately registered parcels or in
comprehensively designed parks wherein sites are rented
or owned as part of a condominium. The area is to be
connected to municipal sewer and water systems.
Permitted Uses:
Accessory residential buildings/structures
Manufactured homes
Manufactured home park
Discretionary Uses:
Home occupation which in the opinion of the Development
Authority, will not generate excessive traffic
Parks and playgrounds
Public and quasi-public uses
Public Utility Buildings
Signs
Solar panels
In this District,
"lot" means the total area of land reserved for the placement of a manufactured home
and for the exclusive use of its occupant(s);
"structure" means a subordinate building which is an addition to, or supplements the
facilities provided by a manufactured home, such as awnings, storage structures,
carports, porches and skirting.
(1) Manufactured Home Park
Comprehensive Siting Plan: A comprehensive siting plan satisfactory to the
development authority is required for all manufactured home parks. The plan shall
identify and provide detail regarding dimensions and treatments for the following:
-
Entire site and individual "lots"
-
Roads
-
Walkways
-
Recreation areas
-
Storage areas
-
Parking areas
-
Perimeter landscape area
Maximum Gross Density:
17 manufactured homes per hectare (7 per acre)
Minimum Park Area:
2 hectares (4.9 acres)
Maximum Park Area:
4 hectares (9.9 ac)
Minimum Lot Area:
As determined by the size of the manufactured home units
SCHEDULE C
- 65 -
and the lot coverage and minimum yard requirements
specified in this Section.
Maximum Lot Coverage:
50%
Minimum Yard Requirements: Manufactured homes shall be at least:
i) 4.5 m (14.76 ft.) from one another
ii) 6.0 m (19.69 ft.) from any park boundary
iii) 3.0 m (9.84 ft.) from any side internal access road or
common parking area
iv) 6.0 m (19.69 ft.) from the front lot line
iv) 1.5 m (4.92 ft.) from any side lot line
v) 4.5 m (14.76 ft.) from the rear lot line
Attached structures shall be at least 1.5 m (4.92 ft.) from
any lot line.
Minimum Manufactured
Home Floor Area:
91 m² (980 sq. ft.)
Minimum Manufactured
Home Width:
4.4 m (14.44 ft.)
Maximum Height:
7.5 m (25 ft.) [Bylaw No. 423-10]
Recreation Area:
A minimum of 5% of the total area of a manufactured
home park shall be set aside in a suitable location as a
recreation area. Playground apparatus or other recreation
facilities shall be provided in accordance with a recreation
site plan approved by the Development Officer/Municipal
Planning Commission.
Landscaped Areas:
All areas of a manufactured home park not developed or
occupied by park roads, walkways, driveways, parking
aprons, buildings or other developed facilities, including
paved playgrounds, shall be landscaped. A manufactured
home park shall have on its perimeter a landscaped area
not less than 3 m (9.84 ft.) in width between any
manufactured home lot and a boundary line of the
development. This buffer shall not comprise part of the
5% recreation area requirement. The Development
Authority may require the provision of a screening fence or
wall within the 3.0 m perimeter. The height, material, style,
finish and siting of the fence / wall shall be to the
satisfaction of the Development Authority.
Roadways:
All manufactured home park roadways shall have at least
a 12 m (39.37 ft.) right-of-way and a carriageway no less
than 8 m (26.25 ft.) in width.
Walkways:
Internal pedestrian walkways, where provided, shall be a
minimum of 1.5 m (4.92 ft.) in width.
SCHEDULE C
- 66 -
Storage Areas:
Common storage areas, separate from the manufactured
home lot, shall be provided for storage of seasonal
recreational equipment not capable of storage on the
manufactured home lot. Such storage areas shall be
screened. Such storage areas shall have an area of not
less than 20 m² (215.29 sq. ft.) per manufactured home
lot.
Utilities:
All utility services and all utility wires and conduits shall be
installed underground.
Fences and Lot Lines:
Fences and hedges shall be allowed only if they are
erected and maintained by the manufactured home park
operator to a uniform standard throughout the
manufactured home park. All lot lines shall be clearly
defined on the ground by permanent flush stakes, or
markers, with a lot number or other address system.
Building Design:
All manufactured homes shall be factory built.
Skirting or any attached structure shall be factory built with
matching exterior finish, or be of durable all-weather
construction and designed in a manner that will enhance
the appearance of the manufactured home development.
Each manufactured home shall be levelled, blocked and
skirted, and the hitch skirted within 30 days of being
placed on a lot.
Development Permits:
All manufactured homes in a manufactured home park
require a development permit.
(2) Manufactured Home Subdivision Standards
The following regulations apply to manufactured homes:
Minimum Parcel Area:
Interior parcels 375 m² (4,036.59 sq. ft.)
Corner parcels 420 m² (4,520.99 sq. ft.)
Maximum Parcel Coverage: 50%
Front Yard:
6 m (19.69 ft.)
Side Yard:
1.5 (4.92 ft.) on the right side facing lot from the street
[except where it abuts a road other than a lane, then it
shall be 3.0 m (9.84 ft.)]; and 4.5 m (14.76 ft.) on the left
side.
Attached structures shall be at least 1.5 m (4.92 ft.) from
any lot line.
Rear Yard:
3.0 m (9.84 ft.)
Minimum Floor Area:
91 m² (980 sq. ft.)
SCHEDULE C
- 67 -
Minimum Manufactured
Home Width:
4.40 m (16.0 ft.)
Maximum Height:
7.5 m (25 ft.) [Bylaw No. 423-10]
Building Design:
All manufactured homes shall be factory built. Skirting or
any attached structure shall be factory built with matching
exterior finish, or be of durable all-weather construction
and designed in a manner that will enhance the
appearance of the manufactured home. All wheels must
be removed and the manufactured home placed on
permanent foundation, or concrete piers.
Supplementary
Regulations:
All uses must also comply with the regulations in Schedule
B.
SCHEDULE C
- 68 -
COUNTRY RESIDENTIAL DISTRICT (CR)
General Purpose:
To provide an area for an existing acreage residential
development in the form of a detached dwelling and
compatible
uses,
herein
listed, which are not
connected to the municipal sewer and water systems.
This district is specific to Lot 1, Plan 8910967.
Permitted Uses:
Accessory building
Detached dwelling
Discretionary Uses:
Accessory use
Bed and Breakfast
Building demolition
Domestic animals
Home occupation
Manufactured home
Mechanized excavation, stripping and grading
On site renewable energy source
Parks and playground
Public and quasi-public use
Utility building
Secondary suite
Screen
Sign
Solar Panels
Any use that is similar, in the opinion of the
development authority, to the permitted or discretionary
uses described above.
The following regulations apply to the existing parcel
and dwelling only:
Minimum Front Yard:
15.0 m (49.20 ft.)
Minimum Side Yard:
4.5 m (14.76 ft.)
Minimum Rear Yard:
12.0 m (39.36 ft.)
Minimum Parcel Area:
Existing parcel area
Maximum Parcel Coverage:
35%
Landscaped Area:
In the case of applications for development
Permits for uses other than detached dwellings, refer
to Schedule B.
Maximum Building Height:
9.75 m (32 ft.) [Bylaw No. 423-10]
SCHEDULE C
- 69 -
Manufactured Homes:
Design guidelines listed in Schedule B.
Home Occupations:
Additional regulations listed in Schedule B.
Supplementary Regulations:
All uses must also comply with the regulations in
Schedule B.
The regulations for all other uses shall be as established in Schedule B".
SCHEDULE C
- 70 -
CENTRAL COMMERCIAL DISTRICT (C1)
General Purpose:
To provide an area for intensive commercial use, offering a
wide variety of goods and services, and other uses, herein
listed, which are compatible with the area, which will create
an attractive environment for pedestrians, but which will be
accessible to motor vehicles.
Permitted Uses:
Indoor merchandise sales
Offices
Personal services
Discretionary Uses:
Accessory use
Commercial recreation and entertainment facility
Dwelling unit above the ground floor
Offices above the ground floor
Parking facility
Public and quasi-public use
Repair service
Restaurant
Convenience Store
Signs
Solar panels
Utility building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary uses
described above.
Minimum Front Yard:
Nil
Minimum Side Yard:
Nil, or as required in the Alberta Building Code, whichever is
greater.
Minimum Rear Yard:
Shall be provided for parking and loading spaces in
accordance with Sections 3(1) and 3(2) of Schedule B.
Maximum Parcel Coverage: 100%
Outdoor Storage and Display: Outdoor storage or display is not permitted.
Maximum Building
Height:
10 m (33.0 ft.)
The following regulation applies to dwelling units:
Dwelling Units Entrance: Dwelling units shall have an entrance separate from the
entrance to any commercial component of the building.
SCHEDULE C
- 71 -
Landscaping:
Landscaping shall be provided to the satisfaction of the
Development Authority.
Parking:
All commercial developments located south of Highway 580
may provide parking at the front of the parcel.
Supplementary
Regulations:
All uses must also comply with the regulations in Schedule B.
SCHEDULE C
- 72 -
HIGHWAY COMMERCIAL DISTRICT (C2)
General Purpose:
To provide an area for commercial uses and other uses,
herein listed, which are compatible with the area, adjacent
to a major thoroughfare, which requires large open areas for
parking by clientele, for display of merchandise, or both,
which will create an attractive environment, primarily
accessible to motor vehicles.
Permitted Uses:
Drive-in business
Sales and service outlets for automobiles, trucks, recreation
vehicles and mobile homes
Service for the travelling public
Service Station
Discretionary Uses:
Accessory use
Bus Depot
Car wash
Commercial recreation and entertainment facilities
Convenience store
District shopping centre
Drinking establishment
Dwelling unit for the occupancy of the owner, operator or
caretaker
Hotel
Motel
Parking facility
Public and quasi-public uses
Restaurant
Sales and service outlet for farm equipment
Sign
Solar panels
Truck wash
Utility building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary uses
described above.
Minimum Front Yard:
6.1 m (20.0 ft.) adjacent to a service or local road
Minimum Side Yard:
2 m (5.5 ft.), or as required in the Alberta Building Code,
whichever is greater.
Minimum Rear Yard:
6.1 m (20.0 ft.)
Minimum Parcel Frontage:
15 m (49.21 ft.)
Maximum Parcel Coverage: 80%
SCHEDULE C
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Outdoor Storage and Display:
1.
All outdoor storage shall be screened
2.
All outdoor display shall be screened from residential
Districts.
Maximum Building Height:
10.06 m (33.0 ft.)
Supplementary Regulations: All uses must also comply with the regulations in Schedule
B.
SCHEDULE C
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INDUSTRIAL DISTRICT (I)
General Purpose:
To provide an area for industrial uses, and other uses,
herein listed, which are compatible to the area which are
located in an attractive environment; to accommodate uses
which do not cause any external, objectionable or
dangerous conditions beyond the parcel boundary.
Permitted Uses:
Light manufacturing
Repair services
Warehousing
Discretionary Uses:
Accessory use
Adult entertainment establishment
Auto wrecker
Cartage and freight terminal
Crematorium
Dwelling unit for the occupancy of the owner, operator or
caretaker
Feed mill and grain elevator
Funeral Home
Heavy equipment assembly, sales and service
Non-renewable resource extraction
Parking facilities for uses in this District
Restaurant
Sign
Solar panels
Solid waste transfer station
Truckwash
Utility building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary uses
described above.
Minimum Front Yard:
12 m (39.4 ft.) without a service road and
9 m (29.5 ft.) with a service road
Minimum Side Yard:
3 m (9.84 ft.), or as required in the Alberta Building Code,
whichever is greater.
Minimum Rear Yard:
6 m (19.96 ft.)
Minimum Parcel Frontage:
15 m (49.21 ft.), except where abutting a highway without a
service road, in which case 30 m (98.43 ft.) shall be
required.
Maximum Parcel Coverage: 80%
Outdoor Storage and Display:
SCHEDULE C
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1.
All outdoor storage shall be screened
2.
All outdoor display shall be screened from adjacent
residential districts.
Maximum Building Height:
10.06 m (33.0 ft.)
Supplementary Regulations: All uses must also comply with the regulations in Schedule
B.
SCHEDULE C
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PUBLIC FACILITY AND RECREATION DISTRICT (PFR)
General Purpose:
To provide an area for the development of public land for
major multi-use recreational facilities, and other uses, herein
listed, which are compatible with the area.
Permitted Uses:
Parks and playground
Recreation facility
Discretionary Uses:
Accessory use
Parking facility (public)
Public and quasi-public use
Sign (public)
Solar panels
Utility building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary uses
described above.
The following regulations apply to permitted uses and public and quasi-public uses:
Minimum Front Yard:
9 m (29.53 ft.)
Minimum Side Yard:
3 m (9.84 ft.), or as required in the Alberta Building Code,
whichever is greater.
Minimum Year Yard:
6 m (19.69 ft.)
Maximum Parcel Coverage: 80%
Outdoor Storage and Display:
1.
Outdoor storage shall be screened
2.
Outdoor display is not allowed
Maximum Building Height:
12 m (39.37 ft.)
Supplementary Regulations: All uses must also comply with the regulations in Schedule
B.
SCHEDULE C
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URBAN RESERVE DISTRICT (UR)
General Purpose:
To reserve land for future subdivision and development until
an overall plan is prepared for and approved by Council.
Permitted Use:
Agricultural operations lawfully existing at the date of
adoption of this Land Use Bylaw excluding feedlots
Discretionary Uses:
Accessory use
Agricultural operations, excluding confined feeding
operations
Existing residence and other related improvements
Parking facility for uses in this District
Sign
Solar panels
Uses that will not, in the opinion of the Municipal Planning
Commission,
(1)
materially alter the use of the land from that existing
on the date the land was designated to this Land
Use District, or
(2)
conflict with future urban expansion
Utility buildings
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the discretionary uses described
above.
The following regulations apply to all uses:
Minimum Parcel Area:
All the land contained in the existing Certificate of Title,
unless otherwise approved by the Municipal Planning
Commission, having regard to future use of the parcel and
the form of future subdivision and development.
Outdoor Storage and Display:
1.
Outdoor storage shall be screened
2.
Outdoor display shall be screened from residential
Districts
Supplementary Regulations: All uses must also comply with the regulations in Schedule
B
SCHEDULE C
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DIRECT CONTROL DISTRICT (DC)
General Purpose:
The purpose of this district is to provide for the development
of land uses under individually unique circumstances
requiring site-specific controls where the application of
conventional land use districts would be inappropriate or
inadequate.
Uses:
In approving a bylaw for a Direct Control District for a
particular site, Council shall specify those uses that may be
allowed.
Development Standards: In approving a bylaw for a Direct Control District for a
particular site, Council shall establish the development
standards that apply.
Administrative Provisions
1) This District shall only be applied where the following conditions are met:
(a)
The development is, in the opinion of Council, considered appropriate for the
site having regard for the policies and objectives of any statutory plans
applicable to the site and surrounding area and its compatibility with the scale
and character of surrounding development;
(b)
The use of any other district on the site would, in the opinion of Council, result
in potential conflicts with existing or future surrounding developments, should
the full development potential of such district be utilized; and
(c)
The development is of a unique form or nature not contemplated or
reasonably regulated by another district.
2) In addition to the information required by this Bylaw for an amendment application,
the applicant shall also provide the following:
(a)
Support rationale explaining why the proposed district is desirable for the site
having regard for the conditions listed in (1) above;
(b)
A list of uses proposed for the site;
(c)
An explanation of the methods used to obtain public input and written
documentation of the opinions and concerns of surrounding property owners
and residents and how the proposed development responds to those
concerns;
SCHEDULE C
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(d)
Plans and elevations that would help substantiate the need for the District and
establish the development standards that would apply to the site; and
(e)
Any other information as may be required by the Development Officer to
evaluate the proposed development and its potential impacts.
3) In approving a bylaw for a Direct Control District for a particular site, Council may
specify:
(a)
Those uses to be decided upon by a Development Authority; and
Those development standards for which a variance may be granted.
Sites Subject to Direct Control
The allowable uses and specific regulations for a particular site subject to Direct Control
are described in the applicable bylaw listed below.
Legal Description
Bylaw
Date Passed
SCHEDULE C
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AGRICULTURAL DISTRICT (AG)
General Purpose:
The purpose of this district is to provide an area that
will facilitate a limited range of agricultural pursuits and
other uses on land in close proximity to urban
development.
Permitted Uses:
Accessory residential building
Accessory use
Agricultural operations
Detached dwelling
Fences and enclosures
Parking facility for uses in this District
Discretionary Uses:
Accessory agricultural building
Bed & Breakfast
Building demolition
Excavating, stripping and grading
Home occupation
Manufactured home
New, expanded, or altered agricultural operation,
excluding confined feeding operation
Secondary suite
Sign
Solar Panels
Uses that will not, in the opinion of the Municipal
Planning Commission,
(1) materially alter the use of the land from that existing
on the date the land was designated to this Land Use
District, or
(2) conflict with future urban expansion
Utility building
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the permitted or discretionary
uses described above.
Minimum Front Yard:
15 m (49.20 ft.)
Minimum Side Yard:
7.5 m (25 ft.)
Minimum Rear Yard:
12 m (39.36 ft.)
Minimum Parcel Area:
All the land contained in the existing Certificate of Title,
unless otherwise approved by the Municipal Planning
Commission, having regard to future use of the parcel
and the form of future subdivision and development.
Maximum Building Height:
8.5 m (27.89 ft.)
SCHEDULE C
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Agricultural buildings may be exempt from the above
maximum building height but may be limited to such
height as is deemed suitable and appropriate for the
intended use as determined by the Municipal Planning
Commission.
Outdoor Storage and Display:
1.
Outdoor storage shall be screened.
2.
Outdoor display shall be screened from
residential districts
Manufactured Homes:
Design guidelines listed in Schedule B.
Home Occupations:
Additional regulations listed in Schedule B.
Supplementary Regulations:
All uses must comply with the regulations in Schedule
B".
The regulations for all other uses shall be as established in Schedule B.