Town of Crossfield Land Use Bylaw

Crossfield, Alberta

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1 TOWN OF CROSSFIELD Land Use Bylaw Bylaw No. 2018-14 November 2018 Town of Crossfield Land Use Bylaw November 2018 2 Table of Contents PART 1 - ENACTMENT, PURPOSE, INTERPRETATION ........................................................ 7 1.1 TITLE ......................................................................................................................... 7 1.2 PURPOSE .................................................................................................................. 7 1.3 APPLICATION ............................................................................................................ 7 1.4 RULES OF INTERPRETATION .................................................................................. 7 1.5 LAND USE DISTRICT BOUNDARIES ........................................................................ 8 1.6 UNITS AND METHODS OF MEASUREMENT ........................................................... 8 1.7 DEFINITIONS ............................................................................................................. 9 PART 2 - AMENDMENTS ........................................................................................................47 2.1 INITIATION OF A LAND USE BYLAW AMENDMENT ...............................................47 2.2 AMENDMENT PROCEDURE ....................................................................................47 PART 3 - ADMINISTRATION ...................................................................................................49 3.1 DEVELOPMENT OFFICER .......................................................................................49 3.2 DEVELOPMENT OFFICER DUTIES AND RESPONSIBILITIES ...............................49 3.3 SUBDIVISION APPROVING AUTHORITY ................................................................52 3.4 SUBDIVISION APPROVING AUTHORITY DUTIES AND RESPONSIBILITIES ........52 3.5 MUNICIPAL PLANNING COMMISSION ....................................................................53 3.6 MUNICIPAL PLANNING COMMISSION DUTIES AND RESPONSIBILITIES ............53 3.7 SUBDIVISION AND DEVELOPMENT APPEAL BOARD ...........................................54 3.8 SUBDIVISION AND DEVELOPMENT APPEAL BOARD DUTIES AND RESPONSIBILITIES .................................................................................................54 3.9 FORMS, NOTICES AND FEES .................................................................................56 PART 4 - DEVELOPMENT .......................................................................................................57 4.1 DEVELOPMENT PERMITS REQUIRED ...................................................................57 4.2 DEVELOPMENT PERMITS NOT REQUIRED ...........................................................57 4.3 APPLICATION REQUIREMENTS .............................................................................59 4.4 ISSUANCE OF DEVELOPMENT PERMITS ..............................................................61 PART 5 - ENFORCEMENT ......................................................................................................64 5.1 COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS .................................64 5.2 RIGHT OF ENTRY ....................................................................................................64 5.3 BYLAW CONTRAVENTION ......................................................................................64 5.4 OFFENCES AND PENALTIES ..................................................................................64 Town of Crossfield Land Use Bylaw November 2018 3 PART 6 - LAND USE DISTRICTS ............................................................................................65 6.1 ESTABLISHMENT OF LAND USE DISTRICTS .........................................................65 6.2 LAND USE DISTRICTS .............................................................................................66 6.3 LAND USE DISTRICT MAP .......................................................................................66 PART 7 - GENERAL LAND USE REGULATIONS ...................................................................68 7.1 LOT DIMENSIONS ....................................................................................................68 7.2 SPECIAL SETBACK REQUIREMENTS ....................................................................68 7.3 LANDSCAPING AND FENCING................................................................................70 7.4 SCREENING, OUTSIDE STORAGE AREAS AND GARBAGE STORAGE ...............72 7.5 DEVELOPMENT OF HAZARD LANDS .....................................................................73 7.6 CONTROLLED APPEARANCE .................................................................................74 7.7 BUILDING HEIGHT ...................................................................................................74 7.8 ACCESSORY BUILDINGS ........................................................................................75 7.9 TEMPORARY BUILDINGS AND USES .....................................................................76 7.10 RELOCATION OF BUILDINGS .................................................................................76 7.11 DEMOLITION OR REMOVAL OF BUILDINGS ..........................................................77 7.12 NON-CONFORMING USES AND NON-CONFORMING BUILDINGS .......................77 7.13 LAND NEAR WATER OR SUBJECT TO FLOODING OR SUBSIDENCE .................78 7.14 DRAINAGE ................................................................................................................78 PART 8 - SPECIAL DEVELOPMENT REGULATIONS ............................................................79 8.1 APARTMENT BUILDING REQUIREMENTS .............................................................79 8.2 DWELLING GROUP REQUIREMENTS ....................................................................79 8.3 AMENITY AREAS, RECREATION AND LANDSCAPING REQUIREMENTS FOR MULTI-UNIT RESIDENTIAL DEVELOPMENT ..........................................................79 8.4 DWELLING UNITS IN MIXED-USE RESIDENTIAL DEVELOPMENTS .....................80 8.5 MANUFACTURED HOME PARK DEVELOPMENT AND OPERATIONAL REQUIREMENTS .....................................................................................................80 8.6 SATELLITE DISH ANTENNAS ..................................................................................82 8.7 BED AND BREAKFAST ACCOMMODATION ...........................................................83 8.8 HOME OCCUPATIONS & HOME OFFICES..............................................................83 8.9 OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT ............84 8.10 DEVELOPMENT ADJACENT TO RAILWAYS ...........................................................85 8.11 MEDICAL MARIHUANA PRODUCTION FACILITY ...................................................85 8.12 SIDEWALK CAFES ...................................................................................................86 PART 9 - SIGN REGULATIONS...............................................................................................89 9.1 SIGN CONTROL .......................................................................................................89 Town of Crossfield Land Use Bylaw November 2018 4 9.2 SIGNS IN RESIDENTIAL DISTRICTS .......................................................................91 9.3 SIGNS IN COMMERCIAL, INDUSTRIAL AND URBAN RESERVE DISTRICTS ........91 9.4 SIGNS IN THE CENTRAL BUSINESS DISTRICT .....................................................92 PART 10 - PARKING AND LOADING REGULATIONS ...........................................................94 10.1 REQUIREMENTS FOR PARKING AND LOADING ...................................................94 10.2 PARKING STALL SPECIFICATIONS ...................................................................... 105 PART 11 - RESIDENTIAL DISTRICTS LAND USE RULES ................................................... 106 11.1 RESIDENTIAL SINGLE DETACHED LARGE PARCEL DISTRICT (R-1A) .............. 107 11.2 RESIDENTIAL SINGLE DETACHED MEDIUM PARCEL DISTRICT (R-1B) ............ 110 11.3 RESIDENTIAL SINGLE DETACHED SMALL PARCEL DISTRICT (R-1C) .............. 113 11.4 RESIDENTIAL TWO DWELLING DISTRICT (R-2) .................................................. 116 11.5 RESIDENTIAL TOWNHOUSE DISTRICT (R-3) ...................................................... 119 11.6 RESIDENTIAL APARTMENT DISTRICT (R-4) ........................................................ 122 11.7 MANUFACTURED HOME RESIDENTIAL DISTRICT (MHR) .................................. 129 PART 12 - BUSINESS AND COMMERCIAL DISTRICTS LAND USE RULES ...................... 132 12.1 CENTRAL BUSINESS DISTRICT (CBD) ................................................................. 133 12.2 WEST DOWNTOWN BUSINESS DISTRICT (WBD) ............................................... 137 12.3 ELEVATOR ROAD BUSINESS DISTRICT (EBD) ................................................... 140 12.4 NEIGHBOURHOOD COMMERCIAL DISTRICT (C-1) ............................................. 143 12.5 GATEWAY AND ENTRANCE BUSINESS DISTRICT (C-2) ..................................... 146 12.6 GREENFIELD COMMERCIAL BUSINESS DISTRICT (C-3) .................................... 150 PART 13 - INDUSTRIAL DISTRICTS LAND USE RULES ..................................................... 154 13.1 LIGHT INDUSTRIAL AND COMMERCIAL DISTRICT (I-1) ...................................... 155 13.2 MEDIUM INDUSTRIAL DISTRICT (I-2) ................................................................... 159 13.3 HEAVY INDUSTRIAL DISTRICT (I-3) ..................................................................... 164 PART 14 - MUNICIPAL AND INSTITUTIONAL DISTRICTS LAND USE RULES .................. 168 14.1 MUNICIPAL AND INSTITUTIONAL DISTRICT (MUN) ............................................ 168 PART 15 - URBAN RESERVE DISTRICT LAND USE RULES .............................................. 171 15.1 URBAN RESERVE DISTRICT (UR) ........................................................................ 171 PART 16 - DIRECT CONTROL DISTRICT LAND USE RULES ............................................. 173 Town of Crossfield Land Use Bylaw November 2018 5 16.1 DIRECT CONTROL DISTRICT (DC) ....................................................................... 173 APPENDIX A - FORMS .......................................................................................................... 175 APPENDIX B - LAND USE DISTRICT MAP ........................................................................... 176 Town of Crossfield Land Use Bylaw November 2018 7 PART 1 - ENACTMENT, PURPOSE, INTERPRETATION 1.1 TITLE 1.1.1 This Bylaw shall be referred to as the "Town of Crossfield Land Use Bylaw". 1.2 PURPOSE 1.2.1 The purpose of the Town of Crossfield Land Use Bylaw is to prohibit or regulate and control the use and development of land and buildings within the Town of Crossfield and to achieve orderly, efficient, and economic development of land. To achieve this purpose, the Town of Crossfield Land Use Bylaw: a) divides the Town of Crossfield into Land Use Districts; b) prescribes and regulates for each Land Use District, the range of uses and the purpose for which land or buildings may be used; c) establishes a method of making decisions on applications for development permits, including the issuing of development permits, sign permits and demolition permits; d) establishes a method of making decisions on applications for subdivision approval and the issuing of subdivision decisions; e) prescribes procedures to notify owners of land likely to be affected by the issuance of development permits or subdivision decisions. 1.3 APPLICATION 1.3.1 This Bylaw shall apply to the whole of the Town of Crossfield, being all lands contained within its corporate boundaries. 1.4 RULES OF INTERPRETATION 1.4.1 Unless otherwise required by the context, words used in the present tense include the future tense; words used in the singular include the plural; and the word person includes a corporation as well as an individual. The Interpretation Act, Revised Statutes of Alberta 2000, Chapter I-8, shall be used in the interpretation of this Bylaw. Words have the same meaning whether they are capitalized or not. 1.4.2 When interpreting this Bylaw, use of the words "shall", "should", and "may" will have the following meaning: "shall" is an operative word which means the action is mandatory; "should" is an operative word which means that in order to achieve the plan's objectives, it is strongly advised that the action be taken; and Town of Crossfield Land Use Bylaw November 2018 8 "may" is an operative word which means that there is a choice, with no particular direction or guidance intended. 1.4.3 The written regulations of this Land Use Bylaw take precedence over any graphic or diagrams if there is a perceived conflict. 1.4.4 The Land Use District Map takes precedence over any graphic or diagram in the District regulations if there is a perceived conflict. 1.5 LAND USE DISTRICT BOUNDARIES 1.5.1 The Land Use District boundaries on the Land Use District Map shall be interpreted as follows: a) A boundary shown as approximately following a parcel boundary shall be deemed to follow the parcel boundary; b) Where a boundary follows a public roadway, lane, railway, pipeline, power line, utility right-of-way, or easement, it follows the centre line, unless otherwise clearly indicated on the Land Use District Maps; c) A boundary which does not follow a parcel boundary shall be located by measuring the distance shown on the Registered Plan; d) A boundary location that cannot be satisfactorily resolved shall be referred to Council for an official interpretation. 1.5.2 When any public roadway is closed, the roadway lands have the same Land Use District as the abutting land. When different Land Use Districts govern abutting lands, the centre of roadway is the Land Use District boundary unless the Land Use District boundary is shown clearly following the edge of the roadway. If the roadway is consolidated with an abutting parcel, that abutting parcel's Land Use District designation applies to affected portions of the roadway. 1.6 UNITS AND METHODS OF MEASUREMENT 1.6.1 All units of measure contained within this Bylaw are metric (SI) standards. Imperial measurements and conversions are provided for information only. 1.6.2 For parcels that are not square or rectangular, parcel width and parcel depth shall be calculated in accordance with the definitions for average parcel width and average parcel depth. 1.6.3 Parcel yards shall be measured as follows: a) Front yard shall be measured from the shortest property line abutting a public street. Where two property lines abut public streets and are of equal length, the Development Officer shall determine which shall be considered the front property line; Town of Crossfield Land Use Bylaw November 2018 9 b) Rear yard shall be measured from the property line opposite to and farthest from the front property line. In any case of an irregular parcel, the Development Officer shall have discretion to determine the rear property line; c) Side yards shall be measured from those property lines that are not the front property line or the rear property line. 1.7 DEFINITIONS 1.7.1 Words and terms used in this Bylaw shall have the same meaning as given to them in the Municipal Government Act unless otherwise defined in Part 1 - Enactment, Purpose, Interpretation. 1.7.2 When no definition is provided in the Municipal Government Act or in the Interpretation Act, the definitions in this Bylaw or in Webster's New Collegiate Dictionary shall be used. 1.7.3 Definitions and sections reproduced from the Municipal Government Act are provided as information only. In this Bylaw and in any amendments to this Bylaw made from time to time, unless the content otherwise requires, the interpretation set out in the following subsections shall be used. A "abut" or "abutting" means immediately contiguous to or physically touching, and when used with respect to a parcel, means that the parcel physically touches another parcel and shares a property line or boundary line with that parcel. "accessory building" means a building: a) which is incidental and subordinate to the principal building or use located on the same parcel; b) which may include but is not limited to, free standing private garages, storage sheds and other similar buildings. "accessory use" means a use: a) which is incidental and subordinate to the principal use of the parcel; b) which is located on the same parcel as the principal use. "Act" or "Municipal Government Act" or "MGA" means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended. "adjacent land" means land that is contiguous to the parcel of land proposed for development, subdivision or Redesignation and includes land that would be contiguous if not for a highway, street, road, river, stream Municipal Reserve or Environmental Reserve. Town of Crossfield Land Use Bylaw November 2018 10 "adult entertainment establishment" means a use where live performances, motion pictures, video tapes, video discs, slides or similar electronic media or photographic reproductions, the main feature of which is the nudity or partial nudity of any persons, are performed, shown or offered for sale or rent as a principal use or an accessory to some other business activity which is conducted on the premises. Town of Crossfield Land Use Bylaw November 2018 11 "agricultural equipment sales, service, storage and repairs" means a use: a) where the retail sale or rental of new or used agricultural equipment is conducted; b) which may include, as a secondary or accessory use, the selling and installation of agricultural equipment and accessories and parts on a retail basis, as well as the servicing and mechanical repairs of agricultural equipment. "alternative health care services" means a use that is engaged in the furnishing of natural health care services and products which are an alternative or complementary to health care provided by surgery, hospitalization, and drug treatments and are provided on an outpatient basis. Typical uses may include acupuncture, herbology, homeopathic, exercise, massage, touch, and mechanical therapy, counselling, and the sale of organic food and herb products. "amenity area" means indoor or outdoor space, provided for the active or passive recreation and enjoyment of the occupants of a development, which may be for private or communal use and owned individually or in common. "amusement centre" means a use: a) where mechanical, electronic or digital amusement, entertainment, or games are provided to the public for remuneration; b) which may include, but is not limited to, amusement arcades with games that use coin or token operated machines or devices, billiard halls, bowling alleys, and any other entertainment establishment not otherwise defined in this Bylaw. "Area Redevelopment Plan" means a statutory plan adopted by the Municipality in accordance with the Municipal Government Act for an area of the Municipality and for the purpose of any or all of the following: a) preserving or improving land and buildings in the area; b) rehabilitating buildings in the area; c) removing buildings from the area; d) constructing or replacing buildings in the area; e) establishing, improving or relocating roads, public utilities or other services in the area; or f) facilitating any other development in the area. "Area Structure Plan" means a statutory plan adopted by the Municipality in accordance with the Municipal Government Act for an area of the Municipality for the purpose of providing a framework for subsequent subdivision and development of the area. Town of Crossfield Land Use Bylaw November 2018 12 "art, craft and photography studios" means a use: a) where small scale on-site production of goods by simple manufacturing processes or hand manufacturing primarily involving the use of hand tools is conducted; b) which may include limited retail sale of goods produced by the use; c) which may include pottery, ceramic and sculpture studios, custom jewellery manufacturing and artist and photography studios. "auction rooms" means a use: a) where the auctioning of goods and equipment is conducted; b) which may include temporary storage of such goods and equipment. "auto body and paint shop" means a use: a) where the bodies, but not other parts, of motor vehicles are repaired; b) where the motor vehicle bodies and other metal, machine components or articles may be painted. "automobile sales and leasing" means a use: a) where the retail sale or rental of new or used automobiles, including cars, sport utility vehicles, trucks and vans is conducted; b) which may include the servicing and mechanical repairs of these automobiles and similar vehicles as an accessory use. "automotive accessories, parts and services" means a use for the purpose of selling and installing automobile accessories and parts on a retail basis. Typical uses may include customizing shops, tire shops, automotive glass shops, automotive restoration shops, upholstery shops, automotive radio equipment sales, transmission shops, muffler shops, wheel alignment and brake shops, cosmetic polishing, rust proofing and undercoating shops, auto body repair and paint shops and such similar items as determined by the Development Officer or the Municipal Planning Commission. Uses not included are car and truck washing establishments, auto wrecking and salvaging, auto scrap or parts yards, service station and / or gas bars. "auto wreckers and salvagers" means a use: a) where the dismantling and salvaging of derelict, demolished, damaged, scrapped or derelict vehicles for reusable parts is conducted; b) which may include a towing operation, stock piling of salvaged parts and the installation of recycled parts; c) which does not include facilities for the sale of gasoline, diesel, propane fuels or lubricating oil. Town of Crossfield Land Use Bylaw November 2018 13 "average parcel depth" means the calculation of depth for a parcel that is not square or rectangular, where the total parcel area is divided by the parcel width or the widest part of the parcel. "average parcel width" means the calculation of width for a parcel that is not square or rectangular, where the total parcel area is divided by the parcel depth or the deepest part of the parcel. "awning" means a cloth like or lightweight shelter projecting from a building. B "balcony" means a projecting platform on a development, which is enclosed by a railing, is extended from the building and is greater than 0.67 m (2.20 ft) above grade and is considered part of the principal building. A "balcony" may be cantilevered from the building or supported from below. A balcony does not include a porch or deck. "bareland condominium" means a bareland unit as defined in the Condominium Property Act RSA 2000, Chapter C-22, as amended or replaced from time to time. "basement" means that portion of a building which is wholly or partially below grade and has no more than 1.82 m (6.0 ft) of its clear height above grade and lies below the finished level of the floor directly above. In this Bylaw, a basement does not constitute a storey. "bay" means a self-contained unit within part of a building which can be sold or leased for individual occupancy. A bay may typically but not exclusively be found in a warehouse-type building. "bed and breakfast" means a use: a) that includes no more than one (1) dwelling unit; b) where sleeping accommodation is provided to members of the public for remuneration; c) that may not include more than six (6) bedrooms for the purpose of sleeping accommodation for members of the public; d) that may include the provision of light meals to guests of the bed and breakfast. "billboard" means a sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the site where the sign is maintained. The advertisement copy is pasted, glued, painted or otherwise fastened to permit its periodic replacement. "billiard hall and pool room" means a use where the primary function is the rental of billiard tables, pool tables or any similar game tables to the public for a fee and where no more than Town of Crossfield Land Use Bylaw November 2018 14 three mechanical or electronic games are kept for the purpose of furnishing entertainment or amusement. "boarding house" means a detached dwelling in which the proprietor supplies sleeping accommodations for a fee for at least three (3) but not more than six (6) persons, exclusive of persons within the proprietor's household. "broadcasting facilities" means a use: a) where the production and/or broadcasting of audio and visual programs typically associated with radio, television and motion picture studios is conducted; b) which may include offices accessory to the use. "buffer" means a row of trees, shrubs, earth berm, or fencing to provide visual screening and separation between sites and Districts. "building" means a fully or partially enclosed structure having a roof supported by walls, columns, piers or other structural systems; but does not include a vehicle. "building area" means the greatest horizontal area of a building above grade within the outside surface of exterior walls, or within the outside surface of exterior walls and the centreline of fire walls. "building demolition" means the lawful removal of a building from a parcel of land in accordance with the permit requirements of the Municipality. "building height" means the vertical distance between the highest point of a building and the average finished grade at the front of the building, excluding any elevator housing, mechanical structures, chimney, or steeple. (See Figure 1 - Building Heights). Figure 1 - Building Heights Town of Crossfield Land Use Bylaw November 2018 15 "building permit" means a permit or document issued in writing by a designated Safety Codes Officer within the building discipline pursuant to the Building Permit Bylaw authorizing the commencement of a use, occupancy, relocation, construction, renovation, or demolition of any building or part there to. "building supply centre" means a use where building materials, household accessories and other related goods are stored, offered or kept for sale and may include outside storage. "building, temporary" means a building constructed or placed without any foundation below grade or any other structure determined by the Development Officer or the Municipal Planning Commission to be temporary as a condition of the issuance of a development permit, including but not limited to temporary sales structures. "bulk fertilizer storage and distribution" means a use where fertilizer products are stored for distribution. "bulk fuel storage and distribution" means a use for the purpose of storing natural gas, propane and petroleum products for distribution. "bylaw" means the Town of Crossfield Land Use Bylaw as adopted by Council, unless otherwise noted. "Bylaw Enforcement Officer" means an official of the Town of Crossfield charged with the responsibility of enforcing the provisions of any bylaw adopted by Council. C "campground" means a use: a) where occasional accommodation for recreational vehicles or tents is provided; b) which may include an office as an accessory use; c) which may include associated playgrounds, sanitary facilities or other such uses accessory to the use. "cannabis" means any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not, and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time, and includes edible products. "cannabis store" means a use where cannabis is sold but not consumed on the site as per Federal and Provincial government regulations. The use may include the sale of merchandise that is related to the consumption of cannabis products. This use must be licensed by all higher- level government authorities as required by legislation, and must following all Federal and Town of Crossfield Land Use Bylaw November 2018 16 Provincial regulations, including setback distances prescribed for other uses in The Gaming, Liquor and Cannabis Regulation. "canopy" means a non-retractable solid projection extending from the wall of the building intended to be used as a protection against weather, other than normal architectural features such as lintels, sills, mouldings, architraves and pediments, but includes the structure known as a theatre marquee. Canopies are considered as part of the principal building. "car and truck washing establishment" means a use where vehicles are washed on a commercial basis. "carport" means a roofed structure providing space for the parking of vehicles with not more than one (1) enclosed side. "carriage house" means a self-contained dwelling unit that is a stand-alone building located at the rear of a residential property that also contains a single detached dwelling. It should be subordinate in size to the principal residence on the property. It may not be subdivided or stratified. "carriageway" means that portion of the road right-of-way available for vehicular movement. Included are the travelling lanes, medians, parking and other ancillary lances. Not included in the "carriageway" are the shoulders, sidewalks and other associated pedestrian areas. "cemetery" means a use: a) where a parcel of land is used for the entombment of the deceased; b) which may include the following accessory uses: crematories, columbaria and mausoleums. "certificate of compliance" means a written statement, which is based upon a Real Property Report, issued by the Designated Officer confirming that a development or use meets the requirements of this Bylaw in all respects or is treated as a legal non-conforming bay, building, structure or use. "child care facility" means a use: a) where care, maintenance and supervision of children under the age of sixteen (16) years, is provided by persons other than those related by blood or marriage; b) where the period of care does not exceed twenty-four (24) consecutive hours; c) which is appropriately licensed by a health authority or other regulating body; d) which may include day-care centres, kindergartens, nurseries, and after school or babysitting programs which meet this interpretation and requirements from other levels of government. Town of Crossfield Land Use Bylaw November 2018 17 "communication structures (public or private)" means a structure or structures used for the purpose of transmitting, relaying, or receiving television, radio, microwave, and other similar signals; included are such structures as antennas and satellite dishes. "community buildings and facilities" means a use: a) where assembly, culture and recreational activities are conducted for enjoyment of the public; b) which may not provide goods or services for remuneration, except on a limited basis; c) which may include places of worship, community halls, libraries, museums, recreational facilities, social services that do not provide overnight accommodation, and other similar uses. "condominium" means a condominium plan registered in a Land Titles Office that complies with the requirement of the Alberta Condominium Property Act, RSA 2000, Chapter C-22, as amended. "convenience store" means a use: a) where fresh and packaged food and daily household necessities may be sold; b) that has a floor area that does not exceed 200m2 (2152.78 ft2); c) where liquor may not be sold. "corner" means the intersection of the side and front property lines. "corner parcel" means a parcel located at the intersection of two streets, laneways, or a parcel located abutting a street, which substantially changes direction at any point where it abuts the parcel. "Council" means the Council of the Town of Crossfield. "crematorium" means a use: a) where one or more cremation chambers used for the reduction of the human body by heat and the keeping of human bodies other than in cemeteries; b) which may include related funeral services such as the preparation of the dead, arranging and directing funerals; c) which may include mausoleums and columbaria. D "deck" means an open-sided platform adjoining a building and the height of which is up to and does not exceed 0.67 m (2.20 ft) from grade. A deck may have a railing, but a portion of the perimeter is open and unobstructed. A deck does not include a porch or a balcony. Town of Crossfield Land Use Bylaw November 2018 18 "density" means a measure of development intensity expressed as a ratio of either the number of dwelling units to parcel area or number of people to parcel area. "Designated Officer" means a person designated by bylaw under the Municipal Government Act and for purposes of this Bylaw; these are the Development Officer, Subdivision Approving Authority and Chief Administrative Officer of the Town of Crossfield. "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 Officer" means: a) the person designated by bylaw as a Development Officer pursuant to this Land Use Bylaw; or b) where a Municipal Planning Commission or Subdivision and Development Appeal Board is authorized to act as Development Officer, the Municipal Planning Commission; or c) where a Municipal Planning Commission or Subdivision and Development Appeal Board is authorized to act as the Development Officer, in addition to a person appointed as a Development Officer, either or both. The expression "Development Authority" has a corresponding meaning. "development permit" means a document authorizing a development, issued by the Development Officer or the Municipal Planning Commission pursuant to this Bylaw or any other legislation authorizing development within the Town of Crossfield and includes the plans and conditions of approval. "discretionary" means in the context of this Bylaw, that the approving authority may or may not issue a permit, order or notice. "discretionary use" means a use which is listed as a permitted or discretionary use in the applicable Land Use District for which development permit may be issued, that is subject to the discretion or the assigned approving authority. "drinking establishment" means a development licensed to serve alcoholic beverages for consumption on the premises as regulated by the Alberta Gaming and Liquor Commission. Town of Crossfield Land Use Bylaw November 2018 19 "drive-in food services" means a use: a) which offers a limited menu produced in a manner that allows rapid customer service; b) which includes one or more of the following features; i. car attendant services; ii. drive through food pick up services; or iii. parking primarily intended for the on-site consumption of food within a motor vehicle. "dry cleaners and laundry" means a use: a) where articles or goods of fabric are received to be subjected to the process of laundering, dry cleaning, dry dying or cleaning elsewhere, and for the pressing and distribution of any such articles or goods which have been subjected to any such process; b) which does not include self-service laundry facilities "dwelling, apartment" means a building or buildings that: a) that contains at least four (4) dwelling units; b) where all the dwelling units are provided in buildings that contain four (4) or more dwelling units; c) where two or more dwelling units per building share an entrance at grade and at least one (1) internal hallway; d) where parking is provided in a shared at grade or underground parking parcel; e) where none of the dwelling units are rented or area available for rent or occupation for a period less than thirty (30) days; f) which may include shared services and facilities. "dwelling assisted living" means a use: a) that may contain dwelling units; b) that may contain individual rooms having a washroom, bedroom and a sitting that accommodates residents; c) where there is one or more communal kitchens and dining rooms; d) where meals may be cooked in a communal kitchen and delivered to residents for consumption; e) where there may be limited on-site health care facilities for the exclusive use of the residents; Town of Crossfield Land Use Bylaw November 2018 20 f) where residents may receive limited human health services from on-site health care providers; g) where communal social and recreational activities are provided within the building or outside. "dwelling, duplex" means a building designed and built to contain two (2) dwelling units, with one dwelling unit placed over the other in whole or in part and on one parcel, each having a separate entrance and not attached to any other residential building. This type of development shall be designed and constructed as two (2) dwellings at the time of initial construction of the building. It does not include a dwelling, secondary suite. "dwelling, fourplex" means a building consisting of two duplex dwelling units on a parcel which are horizontally attached, with each dwelling unit having a separate outside entrance at grade. "dwelling group" means a use: a) that includes two (2) or more buildings located on a parcel or a number of adjoining parcels; b) where each building contains one (1) or more dwelling units, c) where all buildings, recreation areas, vehicular areas, landscaping and all other features have been planned as an integrated development. "dwelling, long term care" means a use: a) where social, physical or mental care is provided to five (5) or more persons who live full time in the facility; b) that has at least one care provider at the facility at all times; c) that may contain dwelling units; d) that may contain individual rooms having a washroom, bedroom and a sitting that accommodates residents; e) where there is one or more communal kitchens and dining rooms; f) where meals may be cooked in a communal kitchen and delivered to residents for consumption; g) where there are on-site health care facilities for the exclusive use of the residents; h) where residents receive human health services from on-site health care providers; i) where communal social and recreational activities are provided within the building or outside. Town of Crossfield Land Use Bylaw November 2018 21 "dwelling, secondary suite" means a dwelling unit: a) accessory to and smaller than the dwelling defined for principal use; b) that cannot be above grade in the dwelling defined for principal use; c) that does not exceed 70 m² (753.47 sq. ft) in gross floor area, excluding areas covered by stairways; d) consisting of a bedroom(s), bathroom, and kitchen developed to Alberta Building Code standards, which are physically separated from those of the principle dwelling, but are contained within the same property; e) that has an entrance separate from the entrance to the principal dwelling, either from a common indoor landing/foyer or directly from the exterior of the structure; f) that has a private amenity space located outside and which is a minimum of 7.5 m2, (80.7 sq. ft) with no dimension being less than 1.5 m (5 ft.) This space may be provided in the form of a balcony, deck or patio; g) that has a rear or side yard laneway access. "dwelling, semi-detached" means a building: a) that contains two (2) side by side dwelling units on a parcel separated by a vertical fire wall; b) that is designed for the purpose of providing two (2) dwelling units; c) that contains separate entrances at grade for each dwelling unit. "dwelling, single detached" means a building that has a permanent structure on a permanent foundation: a) which contains only one (1) dwelling unit; b) which may include a dwelling, secondary suite; c) except as otherwise allowed in this Bylaw, is used for no other purpose. "dwelling, Townhouse" means a building comprised of three or more dwelling units separated from each other by walls extending from foundation to roof, with each dwelling unit having a separate, direct at grade entrance. This use includes dwelling units known as rowhouses. "dwelling, triplex" means a building comprised of three dwelling units stacked one above the other on a parcel and having either separate or common direct entrance from ground level. E Town of Crossfield Land Use Bylaw November 2018 22 "easement" means a right to use land generally for access to other property or as a right-of- way for a public utility. "eaveline" means the horizontal line on the building that marks the extreme edge of the overhang of a roof and where there is no overhang, the eaveline shall be the horizontal line at the intersection of the roof and wall. "emergency services" means a use: a) intended for the purpose of providing municipal or provincial emergency services, including, but not limited to police, fire and emergency medical services; b) which may include associated buildings or structures. "excavation" means any breaking of ground, except common household gardening and ground care or in the case of farming, tillage, ploughing or similar cultivation. F "fence" means a vertical physical barrier constructed out of typical building material to prevent visual or unauthorized access or both. "financial institution" means a use: a) where banks, trust companies, credit unions or similar establishments operate or where three or more automated banking machines are located directly adjacent to each other; b) which does not include pawn shops or other businesses that offer financing for products sold at that business. "fire separation" means a construction assembly that acts as a barrier against the spread of fire and may be required to have a fire resistance rating. "fire wall" means a type of fire separation of non-combustible construction which subdivides a building or separates adjoining buildings to resist the spread of fire and which has a fire resistance rating. "fitness centre" means a commercial use where space and equipment or instruction is provided for people to pursue physical fitness or related skills. "food processing" means a use: a) where food other than raw meats are cooked, processed, or packaged; b) which does not include the sale of products to the public; Town of Crossfield Land Use Bylaw November 2018 23 c) where all processes and functions associated with the use are contained in a fully enclosed building; d) where no dust, particles, or vibrations are seen or felt outside the building containing the use. "foundation" means the lower portion of a building, usually concrete or masonry and includes the footings which transfers the weight of and loads on a building to the ground. "freight terminal" means a use: a) where the storage and distribution of freight shipped by air, rail or highway transportation is conducted; b) which may include offices associated with the use. "frontage" means the lineal distance measured along the legal parcel line that abuts a street. On parcels that have two sides abutting a public road right-of-way (corner parcels), all sides of a parcel adjacent to road rights of way shall be considered frontage, but the front yard shall be measured from the shorter of the two abutting parcel lines. For the purposes of determining the front yard, a lane is not considered a street. "funeral home" means a use: a) where the arrangement of funerals, the preparation of the dead for burial or cremation, the holding of funeral services and the carrying out of cremations may be conducted; b) where not more than one (1) cremation chamber is provided. G "garage, private" means an accessory building designed and used for storage of motor vehicles. A carport is included in this interpretation. "general agriculture" means a use where systems of tillage and the raising of crops are undertaken on large areas of land. This use may include structures that are accessory and incidental to the operation and function of the use. "general industrial, heavy" means industrial development involving the processing of significant amounts of raw materials to the extent that off-site impacts cannot be mitigated and where such impacts tend to create negative health and safety conditions for urban residents. Examples of heavy industrial development include but are not limited to smokestack industries such as oil refineries and heavy oil upgraders, gas plants, coal burning power plants, paper mills, steel mills, smelters, etc. Town of Crossfield Land Use Bylaw November 2018 24 "general industrial, light" means a use: a) where the manufacturing, fabricating, processing, assembly or disassembly of materials, semi-finished goods, finished goods, food, beverages, products or equipment takes place; b) which may include offices accessory to the use; c) which may include sales of products on the site; d) where live animals are not involved in any aspect of the operation; e) where fermentation processes do not occur; f) that does not involve the emission of toxic, noxious or other dangerous chemicals or substances; g) that may include limited accessory outside storage that is properly screened, except in districts that prohibit outdoor storage; h) that does not produce dust, vibration or vapours that is seen or felt outside the building containing the use. "general industrial, medium" means a use: a) where the manufacturing, fabricating, processing, assembly or disassembly, cleaning, repair, servicing, testing or maintenance of materials, semi-finished goods, finished goods, food, beverages, products or equipment takes place; b) which may include offices accessory to the use; c) which may include sales of products on the site; d) where live animals are not involved in any aspect of the operations; e) where fermentation processes may occur; f) that does not involve the emission of toxic, noxious or other dangerous chemicals or substances g) which may include outdoor storage of goods accessory to the use; h) which may produce dust, vibration or vapours that are seen or felt outside the building containing the use, provided it is contained on the parcel. "grade" means: a) in Residential Districts means the average elevation of the natural or finished level of the ground adjoining a building at all exterior walls; b) in all other District, grade means the elevation (as established by the Municipality) of the crown of the abutting street. In the event that two (2) grades are involved, the average of the two (2) shall be used as the grade for the parcel. Town of Crossfield Land Use Bylaw November 2018 25 "grain elevator" means a building or complex of buildings used for the storage and shipment of grain. "greenhouse, private" means an accessory building designed and used for growing plants for domestic rather than commercial use. "gross floor area" means the sum of the area of a plan of a building measured to the glass line, or where there is no glass line to the outside surface of the exterior walls or where the buildings are separated by firewalls, to the centre line of the common firewall, and includes all floors totally or partially above grade level and all mechanical equipment areas. H "heavy equipment assembly, sales, rental service, storage and repairs" means a use used for the sale, rental, storage, servicing and repair of equipment typically used in building, roadway, pipeline, oilfield or mining construction. "home occupation" means an occupation for gain or support, excluding home offices, which shall be an incidental and subordinate use to the principle residential use and shall be restricted to the dwelling unit and accessory buildings; home occupations shall be limited to those uses which do not interfere with the rights of other residents to the quiet enjoyment of the residential neighbourhood and may include instruction, minor repair and other similar domestic activities. "home office" means a home occupation that shall not be visible from the exterior of the home and does not require or entail: - clients visiting the residence, - delivery or storage of goods or supplies, - production of goods on site, - parking other than that which is required for the residence, - noise associated with the use, - any renovations for the purpose of the use that require a building permit, - employment of any employees on site other than the resident, - other impacts on the neighbourhood. "horticulture nurseries and greenhouse operations" means a use where the growing, maintenance, storage, and wholesale or retail sale of plants and landscaping materials is conducted, this does not include growing or production of cannabis or medical marijuana. "hospital" means a use: a) that maintains and operates facilities for both inpatient and outpatient medical care; Town of Crossfield Land Use Bylaw November 2018 26 b) that may include long-term and short-term care, overnight stays, diagnostic, laboratory, and surgical services, for the treatment of human illness, injury, and disease; c) that may include the accessory uses necessary for the functioning of the institution. "hotel" means a use: a) where overnight accommodation is provided to the general public for remuneration; b) which may include associated uses such as offices; c) where the longest possible term of stay for visitors is less than one month; d) which may include the preparation and sale of food to be delivered to guests only; e) which may offer convention facilities. "household" means the occupants of a dwelling unit regarded as a census family as defined by Statistics Canada. "household repair services" means a use used for the provision of repair services to goods, equipment and appliances normally found within the home. Typical uses may include radio, television and appliance repair shops, furniture re-finishing and upholstery shops. I "industrial service shop" means a use for assembly, fabrication or repairing goods or products. Typical uses may include electrical, heating, metal, plumbing, welding, woodworking, cabinet making, upholstering, furniture repair, painting and similar uses. Automotive repair shops are not included in this use. "institution or institutional use" means use of a public character including governmental, religious, charitable, educational, health and welfare activities having a close affinity to public service to the regional area and population intended to be served by the development. "instructional facility" means a use: a) where members of the general public receive instruction, training or certification in a specific trade, service or skill b) which includes, but is not limited to, instruction and training in building trades, dance, music, martial arts, cooking, computers, driving, climbing, gymnastics and other similar instruction. Town of Crossfield Land Use Bylaw November 2018 27 "issue or issued" means the date a development permit, or an order is dated and signed by the designated "Subdivision Approving Authority" in the course of their duties. "intensive agriculture" means a use: a) where systems of tillage and animal husbandry through which one may gain livelihood from large areas of land by the raising of crops or the rearing of livestock either separately or in conjunction with one another in unified operations is conducted; b) which may include buildings and other structures incidental to the operation. K "kennel" means the use of a building or a portion of a building, for the primary purpose of boarding more than two (2) small animals for periods greater than 24 hours for a fee and does not include Veterinary Clinic. The use may include offices that are accessory to the principle use and may provide for the incidental sale of products relating to the services provided by the use and may include outside enclosures, pens, runs or exercise areas. L "laboratory" means a use: a) where scientific technical research, investigation or experimentation is conducted; b) that is fully contained within a building. "landscaped area" means a portion of a parcel of land which is designed, constructed and laid out so as to maintain, change or modify the natural features of a site so as to make it attractive and desirable by the use of grass, trees, shrubs, ornamental planting, fencing, and walks. "landscaping" means the modification and enhancement of a site through the use of any or all of the following elements: a) soft landscaping: consisting of vegetation such as trees, shrubs, hedges, grass, and ground cover; b) hard landscaping: consisting of non-vegetative materials such as brick, stone, concrete, tile and wood. "lane" means a public thoroughfare with a width not greater than nine (9.00) m (29.53 ft) and not less than six (6.00) m (19.69 ft) that provides rear access to a parcel of land. Town of Crossfield Land Use Bylaw November 2018 28 "laundromat" means a use: a) where the cleaning of clothing or other goods made of fabrics is conducted on a self-serve basis; b) that is contained within a building. "library" means a use: a) where collections of materials are maintained primarily for the purpose of lending to the public; b) that may provide lecture theatres, meeting rooms, study space and computers for users of the use; c) that may have rooms for the administrative functions of the use. "light equipment rental establishment" means a use: a) where tools, major and minor appliances, office machines and equipment, light construction equipment and similar items are rented; b) which may include limited outdoor storage accessory to the use; c) which does not include the rental of motor vehicles. "liquor store" means a use: a) where alcoholic beverages are sold for consumption off the retail outlet premises; b) which has been licensed by the Alberta Gaming and Liquor Commission. "loading space" means a space for parking a vehicle while being loaded or unloaded. "local authority" means: a) a municipal authority; b) a "regional health authority" of a "health region" established under the Regional Health Authorities Act, Chapter R-10, RSA 2000 as amended; c) a regional services commission; d) the board of trustees of a school district or division as defined in the School Act, Chapter S-3, RSA 2000 as amended. "lumber yard" means a use where bulk supplies of lumber and other building materials are stored, offered, or kept for retail sale and may include storage on or about the premises of such material. The retail sale of furniture, appliances or other goods not ordinarily used in building and construction is not included in this interpretation. Town of Crossfield Land Use Bylaw November 2018 29 M "manufactured home" means a residential building: a) that is intended for year-round occupancy, b) that contains one dwelling unit; c) that is constructed on a permanent undercarriage, chassis, or foundation; d) that is designed with the capability of being transported, from time to time, from one location to another without the necessity of being placed on a permanent foundation; e) that is not a recreational vehicle. "manufactured home park" means a use: a) which is contained on a parcel of land under one (1) title; b) which provides spaces for the long-term parking and occupancy of manufactured homes as defined under "manufactured home"; c) where the shortest period of occupancy for manufactured homes is one month. "manufacturing plant" means a use for manufacturing, assembling or fabricating activities including, but not limited to, vehicle and heavy equipment manufacturing, oilfield equipment manufacturing, plastics fabrication, metal and stone works, and mobile home manufacturing. "market" means the use of land, buildings or structures, or part thereof for the sale of consumer goods by a collection of individual vendors. Vendors may change on a frequent or seasonal basis, and goods being sold may include but are not limited to finished consumer goods, food products, produce, handcrafted articles, antiques, and/or second-hand goods but does not include sale of live animals. A Farmers Market may also include a limited public seating area. "meat processing" means a use: a) where livestock is killed or where meat is butchered, rendered, or processed; b) where unpackaged meat products are packaged, cooked or processed; c) which does not include the sale of products to the public; d) which includes uses such as a butchery, slaughterhouse, poultry dresser, frozen food locker and smoke house. Town of Crossfield Land Use Bylaw November 2018 30 "medical clinic" means a use: a) where human health services that are preventative, diagnostic, therapeutic or rehabilitative are provided to members of the public; b) that does not include facilities for overnight accommodation. "medical marihuana" means a substance used for medical purposes authorized by a licence issued under the Federal Government's Marihuana for Medical Purposes Regulations or any subsequent legislation which may be enacted in substitution. "medical marihuana production facility (MMPF)" means any building in which an activity authorized by the access to Cannabis for Medical Purposes regulations (SOR/2016-230) or any successor or replacement legislation or regulation, is or may be conducted including such activities as growing, processing, testing, destroying, storing, loading, labeling and packaging, sorting and transporting of marihuana. This does not include the retail sales of marihuana in any form for medicinal or non-medicinal purposes. This may include rooms for administrative functions of the use. "mixed use residential development" means development with at least two (2) major uses or components, one (1) of which must be residential. An example would be a building in the Central Business District having either commercial retail or offices on the first floor and a residential component on the second floor. "mobile and temporary sales and services" means a use: a) where small wares, arts or crafts or similar merchandise are sold; b) which may operate on a temporary basis out of a vehicle, a temporary structure, or a non-motorized cart or trailer; c) when on public property, shall not be located in the same location for more than 24 hours; d) which may include peddlers, street vendors, and sidewalk vendors offering mobile moveable and temporary sales and services. "mobile and temporary food vendor" means a use: a) where food may be prepared and sold; b) which may operate on a temporary basis out of a vehicle, a temporary structure, or a non-motorized cart or trailer; c) when on public property, shall not be located in the same location for more than 24 hours; d) which may include food trucks, food carts, and food stalls. "motel" means a use providing separate sleeping units complete with washing and sanitary facilities and with adjoining or conveniently located parking spaces designed or operated for the purpose of providing temporary accommodation for travelling motorists. Town of Crossfield Land Use Bylaw November 2018 31 "Municipality" means: a) the Municipal Corporation of the Town of Crossfield; b) where the context requires, the area of land contained within the boundaries of the Municipality's corporate limits at the time of adoption of this Bylaw, or as included by any subsequent annexations. "Municipal Development Plan" means a plan adopted by Council as a municipal development plan pursuant to the Municipal Government Act; "Municipal Planning Commission" or "MPC" means the Town of Crossfield Municipal Planning Commission as established by Bylaw. "municipal reserve (MR)" means the land designated to be municipal reserve by a condition of subdivision approval granted pursuant to the Municipal Government Act, or land designated and registered in Land Titles as "Municipal Reserve", "Reserve", "Park" or "Community Reserve" under former legislation. N "natural resource extractive industries" means a use: a) where the extraction of natural resources such as timber, clay, sand and gravel, limestone, shale, coal and other minerals including petroleum and natural gas is conducted; b) which may include bringing these together with other elements such as power or water into integrated processes for the purpose of primary treatment into a marketable form of the resource being treated. "non-conforming building" means a building: a) that is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building or the land on which the building is situated becomes effective; b) that on the date the land use bylaw becomes effective does not, or when constructed will not, comply with this Bylaw. "non-conforming use" means a lawful specific use: a) being made of land or a building or intended to be made of a building lawfully under construction at the date a land use bylaw affecting the land or building becomes effective; Town of Crossfield Land Use Bylaw November 2018 32 b) that on the date the Land Use Bylaw becomes effective does not, or in the case of a building under construction will not, comply with this Bylaw. O "occupancy" means the utilization of a building or land for the use for which it was approved. "occupancy permit" means a permit issued under the Safety Codes Act, Chapter S-1, RSA 2000 as amended and attendant Building Code Regulation for the right to occupy or use the bay, building or structure for the use intended. "office" means a use that provides professional, management, administrative, consulting and financial services, with the exception of medical and health care services. Typical uses include the offices of lawyers, accountants, engineer and architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone answering and similar office support services, and financial services other than financial institutions. "on-site residential accommodations" means a use within a commercial or industrial development for the purposes of custodial care, maintenance, or security directly related to the operation of the subject commercial or industrial development. "outdoor athletic / recreational facilities" means a use providing facilities which are available to the general public for sports and active recreation conducted outdoors. Typical uses may include golf courses, driving ranges, sports fields, unenclosed ice rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, riding stables and fitness trails. "outdoor cafe" means a use: a) where food and beverages are served or offered for sale for consumption on a portion of the premises which are not contained within a fully enclosed building; b) that must be approved in conjunction with a restaurant use or with a retail food store. "outdoor retail display" means an accessory use: a) that entails the display of goods for sale by a retail establishment within the front yard of the retail establishment; b) that is subject to requirements and controls over matters such as placement, site coverage, location, treatment, and hours of display, all at the discretion of the Development Officer; c) which does not include signs; Town of Crossfield Land Use Bylaw November 2018 33 d) which does not include the storing, stockpiling or accumulating of goods, equipment or material in an area that is open or exposed to the natural elements; e) which does not include the storage of vehicles, waste materials, debris or garbage. "outdoor storage" means an accessory use: a) that entails the storing, stockpiling or accumulating of goods, equipment or material in an area that is open or exposed to the natural elements; b) which does not include the storage of vehicles, waste materials, debris or garbage. P "parcel" in accordance with the Act, means: a) where there has been a subdivision, any parcel or block shown on a plan of subdivision that has been registered in a land titles office; b) where a building affixed to the land that would without special mention be transferred by a transfer of land has been erected on two (2) or more parcel parcels or blocks shown on a plan of subdivision that has been registered in a land titles office, all those parcels or blocks; or c) a quarter section of land according to the system of surveys under the Land Titles Act, Chapter L-4, RSA 2000 as amended, or any area of land described on a certificate of title. "parcel area" means the land contained within the boundaries of a parcel. (See "site area") "parcel, corner" means a parcel at the intersection of two or more streets "parcel coverage" means that portion of the parcel area covered by the principal building, accessory buildings or other similar covered structures. "parcel depth" means the horizontal distance between the front and rear boundaries of the parcel. "parcel frontage" means the shortest parcel line which abuts a street, other than a bridge, lane, or walkway and in the case of a parcel which has two equal parcel lines each of which abut a street, other than a bridge, lane or walkway, means the street to which the parcel has been municipally addressed. Town of Crossfield Land Use Bylaw November 2018 34 "parcel line" means a legally defined limit of any parcel. "Boundary", or "boundary line" and "property line" have a corresponding meaning. "parcel width" means the horizontal distance between the side property lines of a parcel. "parks" means areas of public or private land known for their natural scenery and/or preservation for public recreation or entertainment either active or passive, which may include accessory buildings used to support the use. Typical uses include athletic parks, community parks, decorative parks, natural parks, neighbourhood parks, recreational parks and special interest parks, picnic areas, natural areas, and riding or walking paths and trails. "park, private" means parcel of land or portion thereof, other than a public park, operated on a business and/or private member basis, which includes one or more of the following facilities or activities: a) areas for walking, riding and cross-country skiing but does not include the racing of animals, motor vehicles, motorcycles or snowmobiles; b) recreational or playground areas such as picnic areas, tennis courts, outdoor skating rinks, athletic fields; c) buildings and structures accessory to the foregoing such as a refreshment booth and administrative offices; d) parking lots accessory to the foregoing. "parking lot" means a use where parking is provided for vehicles for a short duration; independent of the provision of any other use. "passenger terminal" means a use where the boarding or discharge of people being transported by bus is conducted. "patio" means an uncovered horizontal structure with a surface height, at any point, no greater than 0.60 metres (1.97 ft) above grade, intended for use as an outdoor amenity space. A patio does not mean a balcony, a porch, or a deck. "permitted use" means the use of a parcel of land or of a building which is listed in the section captioned "Permitted and Discretionary Uses" within the applicable Land Use District for which a development permit shall be issued by the approving authority upon the development meeting all other requirements of this Bylaw. "personal service shop" means a use where personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects are conducted. Typical uses include barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops and other similar uses. "plan of subdivision" means a plan of survey prepared in accordance with the Land Titles Act, Chapter L-4, RSA 2000 as amended for the purpose of effecting a subdivision. Town of Crossfield Land Use Bylaw November 2018 35 "playground" means a parcel of land or portion thereof having equipment to be used for play purposes and active recreation. This use may include adventure, natural, and creative playgrounds and tot lots. "porch" means a flat floored, roofed structure adjoining a principal building or built as a structural part of it. A porch shall be included in site coverage calculations. A porch does not mean a balcony, a patio, or a deck. "prefabricated dwelling" means a dwelling unit, all or part of which is constructed off site, but which is placed on a permanent foundation. A prefabricated dwelling is factory-built and may be incorporated with or attached to similar prefabricated dwelling units at a development site. A "prefabricated dwelling" does not include a "manufactured home". "principal building" means a building, which in the opinion of the Development Officer or the Municipal Planning Commission: a) occupies the major or the central portion of a parcel of land, or b) is the main building among a group of buildings on the parcel of land, or c) constitutes by reason of its use the primary purpose for which the parcel of land is used. "principal use" means the use of a parcel of land or of a building which in the opinion of the Development Officer or the Municipal Planning Commission constitutes the primary purpose for which the parcel of land or a building is used. "printing establishment" means a use providing services to produce newspapers, books and magazines, business cards, greeting cards and such similar items made by the impression of inked type, pressing, stamping, drawing, tracing, etching or otherwise marking a surface. "private club or organization" means a social or service organization established under the Societies Act, Chapter S-14, RSA 2000 as amended which may include athletic recreational facilities and rooms for eating, drinking and assembly. "property line" means a legal boundary of a parcel of land. "public or quasi-public installations and facilities" means installations and facilities owned or operated by or for the Municipality, the Provincial Government, the Federal Government or a corporation under federal or provincial statute for the purpose of furnishing services or commodities to or for the use of the inhabitants of the Municipality. "public roadway" means any street, avenue, service roadway, arterial, or collector roadway, local roadway shown as a road allowance on a Township survey or registered in land titles, or secondary road as defined in the Public Highway Development Act, Chapter P-38, RSA 2000 as amended. Lanes, controlled highways or expressways are not included in this use. "public utility" means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: Town of Crossfield Land Use Bylaw November 2018 36 a) potable water; b) sewage disposal; c) public transportation operated by or on behalf of the Municipality; d) irrigation; e) drainage; f) fuel; g) electric power; h) heat; i) waste management; and j) anything that is provided for public consumption, benefit, convenience or use. "public utility building" means the building in which the proprietor of a public utility: a) that maintains its office or offices, or b) that maintains or houses any equipment used in connection with the public utility. R "Real Property Report" means a codified standard report adopted by the Alberta Land Surveyors' Association. "recreation facilities" means a public or private building or an outdoor setting for community or private association entertainment, relaxation, social activity and other leisure needs. "recreational vehicle" means a portable structure designed and built to be carried on a vehicle, or a unit designed and built to be transported on its own wheels to provide temporary living accommodation for travel and recreational purposes and includes, but is not limited to, such vehicles as a motor home, a camper, a holiday and/or travel trailer and a tent trailer, but does not include a manufactured home. "Holiday trailer" or "travel trailer" have a corresponding meaning in this interpretation. "recreational vehicle sales and rentals" means a use for the retail sale, rental or storage of new or used motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar recreational vehicles or crafts, together with incidental maintenance services and sale of parts. "recycling depot" means a use: a) where the buying and temporary storing of bottles, cans, newspapers and similar household goods for reuse is conducted; b) where all storage is contained within an enclosed building; Town of Crossfield Land Use Bylaw November 2018 37 c) which does not include scrap yards. "religious institution" means a use for a religious organization to be used for worship and related religious, philanthropic or social activities including accessory rectories, manses, classrooms and auditoriums. Typical uses may include churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries. Schools (public, private or separate) are not included in this use. "restaurant" means an establishment for the preparation or sale of food for consumption on the premises and may include takeout food services and entertainment, excluding adult entertainment, as accessory uses. A restaurant does not include a drinking establishment but may include premises for which a "Class A" liquor license has been issued by the Alberta Gaming and Liquor Commission and minors are not prohibited by terms of the license.; "retail food store" means a use: a) where foodstuffs are sold for consumption off-premises; b) where daily household necessities may be sold; c) that is contained entirely within a building; d) where meat may be packaged, processed or cooked; e) where areas for meat packaging, processing or cooking do not exceed 300.0 m2 (2,229.3 ft2) in area; f) where typical uses include a bakery, delicatessen, grocery store, supermarket or similar uses. "retail store" means a use: a) where goods, wares, merchandise, substances or articles are stored, offered or kept for sale at retail prices; b) which may include limited storage of such goods, wares, merchandise, substances, or articles sufficient only to service such store; c) where the indoor storage area does not exceed 300.0m2; d) which may include outside storage as an accessory to the use; e) typical uses include, but are not limited to, business machine and supply stores, clothing stores, electronics stores, furniture stores, hardware stores, home improvement centres, pet shops, pharmacies, stationers, and any other retail establishment not otherwise defined in this Bylaw. "road right-of-way" means the area that is completely legally dedicated to the provision of a street and may include: a) the carriageway; b) any curbs and gutters; Town of Crossfield Land Use Bylaw November 2018 38 c) any sidewalk; d) any boulevards; and e) any medians. S "school, private" means a school, other than a school operated by a School Board under the School Act, that provides grade and secondary school instruction to pupils through courses prescribed or approved by the Minister of Education. "school, public or separate" means a place of instruction operated by a School Board under the School Act that provides grade and secondary school instruction to pupils through courses prescribed or approved by the Minister of Education with public funds. "scrap yards" means a use where materials are stored temporarily on the site for reprocessing into scrap materials for sale or where reusable parts of used goods, equipment or vehicles are sold. "screening" means a fence, earth berm, or hedge used to visually separate areas of functions, which in the opinion of the Development Officer or the Municipal Planning Commission, detract from the urban street or neighbouring land uses. "service station" means a use: a) where automobile fuels are sold; b) where motor vehicle accessories and parts may be sold; c) which may include a car and truck washing facility as an accessory use; d) which may include a convenience store as an accessory use. "setback" means: a) for the purpose of yard requirements, the horizontal distance from a property line, measured at right angles to the property line, to the nearest part of any building or structure on the parcel; or b) for the purpose of setbacks from roads, the horizontal distance from the centre line of the road, measured at right angles to the centre line of the road, to the nearest part of any building or structure on the parcel. "shopping centre" means a use in which a group of business establishments are planned, developed, owned, and managed as a unit with off-street parking provided. "sidewalk" means a pathway or right-of-way for pedestrian traffic. Town of Crossfield Land Use Bylaw November 2018 39 "sidewalk café" means a temporary outdoor area located and maintained by an adjoining eating and drinking establishment for the sale and consumption of food and beverages. "sign, advertising" means a sign which refers only to goods or services produced, offered for sale or obtainable at the premises on which the sign is displayed. "sign area" means the entire surface area of a sign used or intended to be used for the display of words, numbers, symbols or pictures provided that: a) in the case of a double-faced sign, only half of the surface area of each face of the sign shall be used in calculating the surface area of the sign; b) in the case of a sign painted, marked or inscribed on a fence, window or exterior wall of a building, the surface area of the sign shall be the area of the smallest rectangle capable of enclosing the words, numbers, symbols or pictures displayed on the sign. "sign, awning" means a retractable, cloth-like, or light weight metal shelter, projecting from a building. "sign, canopy" means any sign attached to, or constructed in or on canopy. SIGN Awning SIGN Canopy "sign, construction" means a temporary sign erected on a site where construction is taking place to provide guidance or warning to persons, or to identify the construction project and those parties having a role or interest in the construction. "sign, directional" means a sign which contains no advertising, but is limited to the distance and direction to a place of business or other premises indicated on the sign. Town of Crossfield Land Use Bylaw November 2018 40 SIGN Directional SIGN Identification SIGN Freestanding "sign, fascia" means a flat sign, plain or illuminated, running parallel for its whole length to the face of the building to which it is attached, and which does not project more than 0.6 m (19.69 ft) from the façade of the building. "sign, freestanding" means a sign that is displayed on a permanent structure other than a building. "sign, identification" means a sign which contains no advertising, but is limited to the name, address and number of a building, institution or the occupation of the person, and is placed on the premises which it identifies. "sign, mural" means a pictorial representation designed or intended to reflect a thematic or artistic expression rather than advertising a concept. "sign, portable" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: signs designed to be moved on wheels; and signs attached to or painted on vehicles parked and visible from a public roadway unless said vehicles are used in the normal day-to-day operations of that business. "sign, projecting" means a sign other than a canopy or awning sign which projects from a structure or a building face or wall. SIGN Projecting Town of Crossfield Land Use Bylaw November 2018 41 "sign, third party advertising" means a sign that is intended to direct attention to a business, commodity, service or entertainment that is conducted, sold or offered elsewhere than on the site where the sign is located. "sign, wall" means any sign attached to a wall of a building in such a manner that its leading edge is 0.2 m (0.66 ft) or less from the supporting wall. This shall include menu display boxes. "sign, warning" means an on-premises sign providing a warning to the public, including such signs as "no trespassing" or "private". "sign, window" means and includes any sign, either painted on, attached to, or placed inside a window for the purpose of viewing from outside the premises. "similar use" means a specific use of land or of a building that is not expressly mentioned in this Bylaw but which the Development Officer or the Municipal Planning Commission has determined to be similar in character and purpose to a use listed as Permitted or Discretionary Use in the District in which such use is proposed and where this Bylaw has expressly authorized the Development Officer or the Municipal Planning Commission to consider applications for "similar uses". "site" means a parcel or a parcel of land on which a development exists or for which an application for a development permit or subdivision application is made. (See "lot" and "parcel of land") Figure 2 - Sites Illustrated SIGN Wall Town of Crossfield Land Use Bylaw November 2018 42 "site area" means, for purposes of land use, development, or subdivision, the total horizontal area of a site contained within an existing or proposed boundary of a parcel or parcel of land. A bareland condominium unit is considered to be a site under this interpretation. "site, corner" means a site when the front and a side property lines abut one or more street(s) (See Figure 2 - Sites Illustrated). "site coverage" means a use where: a) the combined area of all buildings or structures on a site, including: iv. accessory buildings or structures measured at 0.61 m (2.20 ft) above grade; v. any open or covered porch, and vi. all other spaces within a building, excluding steps, eaves, cornices, and similar projections, and unenclosed inner and outer courts which are less than 0.61 m (2.20 ft) above grade. b) Where any building or structure projects beyond the coverage of the building or structure (excluding cantilevers) measured at up to 0.61 m (2.20 ft) above grade the coverage shall then include such projection. Site coverage does not include any deck or balcony. "site depth" means the mean horizontal distance between the front and the rear boundaries of the site (See Figure 2 - Sites Illustrated). "site developed" means, in the case of: a) Residential Districts or parcel, the parcel containing a habitable dwelling; b) Industrial, Business and Recreational Districts or parcel, the parcel has a principal building constructed on the parcel or the parcel is occupied by its prime use as specified in the development permit issued for the parcel. "site, interior" means a site which is bounded by one street (See Figure 2 - Sites Illustrated). "site, key" means an interior site lying immediately to the rear of a reversed corner site or corner site (See Figure 2 - Sites Illustrated). "site plan" means a plan drawn to scale showing the boundaries of the site, the location of all existing and proposed buildings upon that site, and the use or the intended use of the portions of the site on which no buildings are situated, and showing fencing, screening, grassed areas, and the location and species of all existing and proposed shrubs and trees within the development. "site, reverse corner" means a corner site, the rear of which abuts the side of the site immediately to its rear, with or without a lane or an alley intervening (See Figure 2 - Sites Illustrated). Town of Crossfield Land Use Bylaw November 2018 43 "site width" means the average horizontal distance between the side boundaries of a site determined by (see Figure 3 - Site Measurements): a) producing a straight line through the front yard ("F") and rear yard ("R") setback points on the side property lines; b) producing a line ("C") through the midpoints of the front and rear yard setback lines; c) measuring the distance ("W") between the side property boundaries on a straight line through the midpoint of the line ("C") and parallel to the front yard setback line. Figure 3 - Site Measurements "statutory plan" means a Municipal Development Plan, Intermunicipal Development Plan, an Area Structure Plan or an Area Redevelopment Plan adopted by a bylaw of the Municipality, or any one or more of them. "storage yard" means a use: a) where goods are stored outside; b) where goods being stored are capable of being stacked or piled; c) where the goods stored are not motor vehicles, equipment or waste; d) where the goods are not stored in a building, trailer, tent or any enclosed structure with a roof; e) where the piles or stacks of goods may be packaged into smaller quantities for transportation off the parcel; f) that does not involve the production or sale of goods as part of the use; g) that may have a building for the administrative functions associated with the use. "storey" means the space between the top of any floor and the top of the next floor above it and if there is no floor above it, the portion between the top of the floor and the ceiling above it. Town of Crossfield Land Use Bylaw November 2018 44 "street" means a public thoroughfare with a width of not less than 15.0 m (49.21 ft) which provides a primary means of access to a site or multiple sites. T "taxi, shuttle, or courier service business" means a use: a) where vehicles are operated and dispatched for hire; b) where the vehicles area driven by paid and licensed drivers for the conveyance of passengers and packages within the Town and to destinations outside of the Town (e.g. airport, other Towns and cities in the region); c) which does not include commercial scheduled or charter bus lines. "temporary" means a period of time up to one (1) year, or for such period of time as considered appropriate by the Development Officer or the Municipal Planning Commission. "theatre" means a use: a) where live performance of theatre, music and dance are provided to the public; or b) where motion pictures are viewed by the public within a building. "Town of Crossfield" or "Town" means the corporation of the Town of Crossfield, the land lying within the corporate limits of the Town, or the Town Council and its designated approving authorities, as the context requires. "truck terminals or trucking establishments" means a use where trucks and tractor trailers used for transporting goods are stored and dispatched. U "use" means the utilization of a parcel of land for a particular activity. "use, change of" means the conversion of land or building, or portion thereof from one land use activity to another in accordance with the Permitted or Discretionary Uses as listed in each Land Use District. "use, intensity of" means the degree or scale of operation of use or activity in relation to the amount of land and buildings associated with use, vehicular traffic generation thereof, amount of parking facilities required for a particular land use activity. Town of Crossfield Land Use Bylaw November 2018 45 "use, temporary" means a building (other than a manufactured home) constructed without any foundation below grade or any other development determined by the Development Officer or the Municipal Planning Commission to be temporary as a condition to the issuance of the development permit. V "veterinary clinic" means a use: a) where medical treatment of animals is provided; b) which may include outdoor pens, runs, or enclosures having regard for the amenities of the adjoining properties and the neighbourhood in general; c) may include provision for animals' overnight accommodation but does not include kennels. W "warehouse, warehousing and storage facility" means a use: a) where the storage of materials, products, goods or merchandise is conducted; or b) which does not involve the retail sale of stored materials, products, goods or merchandise. "watercourse" means a natural or artificial channel through which water flows, such as drainage swale or ditch. "works" means any fence, landscaping, landscape vegetation, sidewalks, pathways, roads or other public or private utilities associated with and required for a development. Y "yard" means an open space on a site or parcel, unoccupied and unobstructed. "yard, front" means the yard which extends in width between the side boundaries of a site and in depth from the front boundary of the site to the front yard setback as prescribed in the Land Use District and is determined by the majority of sites fronting on a street. With a corner parcel, the narrowest portion of the parcel determines the front yard (See Figure 4 - Yards and Property lines). Town of Crossfield Land Use Bylaw November 2018 46 "yard, rear" means that area extending the full width of a site and from the rear property line of the site to the rear of the principal building, and its depth shall be measured at right angles to the rear property line (See Figure 4 - Yards and Property Lines). "yard, side" means a yard which extends between the side boundary of a site and the side yard setback as prescribed in the Land Use District (See Figure 4 - Yards and Property Lines). Figure 4 - Yards and Property Lines Town of Crossfield Land Use Bylaw November 2018 47 PART 2 - AMENDMENTS 2.1 INITIATION OF A LAND USE BYLAW AMENDMENT 2.1.1 The Town of Crossfield Council may initiate amendments to this Bylaw. 2.1.2 A person may request an amendment to this Bylaw by applying in writing, furnishing reasons in support of the application and paying the fee in accordance with the prescribed fee schedule. 2.2 AMENDMENT PROCEDURE 2.2.1 All applications for amendment to this Bylaw shall be made to Council through the Development Officer and shall be accompanied by the following: a) an application fee for each application; b) a current Certificate of Title for the land affected or other documents satisfactory to the Development Officer including evidence of the applicant's interest in the said land; c) any drawing(s) required to be submitted shall be drawn to scale and accurately dimensioned to the satisfaction of the Development Officer; d) a statement of the purpose and reasons for the proposed amendments; e) authorization for right of entry onto the land by Designated Officers. 2.2.2 In addition to the information provided in 2.2.1, the Development Officer may request the applicant to provide a an assessment of the potential development impacts. 2.2.3 Prior to giving second reading to a proposed bylaw to amend or repeal this Bylaw, the Council shall hold a public hearing in accordance with the provisions of the Municipal Government Act. 2.2.4 Council shall refer amendments to this Bylaw to adjacent municipal authorities when the subject land is within 60.00 m (196.85 ft) of their boundary. 2.2.5 Council may refer the application to any municipal, federal, provincial authority, or to any other agency or body it deems appropriate. 2.2.6 Where an amendment proposes to change the land use designation of a parcel of land, Council shall, in accordance with the provisions of the Municipal Government Act provide written notice of the proposed changes to: a) the owner of the affected land; b) each owner of adjacent land as defined by the Municipal Government Act; or Town of Crossfield Land Use Bylaw November 2018 48 c) any other land owner that Council deems affected. 2.2.7 Where an application for an amendment to this Bylaw has been refused by Council, another application for the same or substantially the same amendment may not be submitted within six (6) months of the date of the refusal unless Council otherwise directs. Town of Crossfield Land Use Bylaw November 2018 49 PART 3 - ADMINISTRATION 3.1 DEVELOPMENT OFFICER 3.1.1 Council hereby establishes the position of the Development Officer, which is authorized to act on behalf of the Municipality on those matters delegated to it by this Bylaw. 3.2 DEVELOPMENT OFFICER DUTIES AND RESPONSIBILITIES 3.2.1 The Development Officer shall: a) keep and maintain for the inspection of the public during office hours, a copy of this Bylaw and all amendments thereto and ensure that copies of the same are available to the public at reasonable charge; b) keep a register of all applications for development, including the decisions there on and the reasons therefore, and all orders, for a minimum period of five (5) years; c) consider and decide on applications for development permits as required in this Bylaw, and be governed in the consideration and decision on the application by the Bylaw and the amendments thereto; d) receive, consider and decide on applications for development permits for: i. Permitted uses; ii. Permitted or Discretionary Uses to occupy a building or bay for which a development permit has been issued for the construction of the building shell; iii. Discretionary Uses where the following annotation is present: (Development Officer); iv. signs; v. fences, walls or other types of enclosures for Permitted and Discretionary Uses. e) receive and consider and decide on requests for time extensions for development permits which the Development Officer has issued; f) receive and refer with reports to the Municipal Planning Commission for its consideration and decision: i. applications referred to in (e) above or requests for time extensions referred to in (f) which the Development Officer considers may significantly affect the statutory plans and bylaws which are being prepared or adopted, or Council's policies; ii. all other applications. Town of Crossfield Land Use Bylaw November 2018 50 g) refer for comment applications for development permits to those authorities and agencies prescribed within the Subdivision and Development Regulations and this Bylaw; h) advise the applicant of an application for a use which is not listed as a Permitted or Discretionary Use in the District in which the building or land is situated, or his option of applying to Council for an amendment to this Bylaw; i) sign and issue all development permits. 3.2.2 When, in the opinion of the Development Officer, sufficient details of the proposed development have not been included with the application for a development permit, as set out in Section 4.3, the Development Officer may return the application to the applicant for further details. 3.2.3 After thirty (30) days from the date of referral to authorities or agencies, the Development Officer may deal with the application, whether or not comments have been received. 3.2.4 The Development Officer shall approve all applications for a permitted use with or without conditions, upon the application conforming in all respects to the provisions of this Bylaw. 3.2.5 In making a decision on an application for a Discretionary Use, the Development Officer may: a) approve the application; or b) approve the application subject to conditions and restrictions considered appropriate or necessary; or c) refuse the application. 3.2.6 The Development Officer shall not allow the use of land or a building not listed as a Permitted Use or Discretionary Use in the Land Use District in which the building or land is situated. 3.2.7 The Development Officer shall not approve an application for a development permit that is not in conformity with the Municipality's statutory plans. 3.2.8 Notwithstanding Section 3.2.4, the Development Officer may allow a minor variance, of up to 25%, of any or all of the Land Use District rules in this Bylaw provided the Development Officer's discretion does not unduly interfere with the amenities, materially interfere with or affect the use, enjoyment or value of the neighbouring parcels. 3.2.9 The Development Officer shall not issue a permit for a development which is to be serviced by private sewer and water systems until the systems have been approved by the appropriate municipal and Provincial departments. 3.2.10 Where a Development Officer finds that a development or use of land or buildings is not in accordance with: Town of Crossfield Land Use Bylaw November 2018 51 a) the Municipal Government Act and/or attendant regulations; or b) a development permit or subdivision approval; or c) this Bylaw; 3.2.11 the Development Officer shall issue an order in writing to the registered owner, the person in possession of the land or buildings or the person responsible for the contravention of all or any of them to: a) stop the development or use of the land or building in whole or part as directed by the notice; or b) demolish, remove or replace the development; or c) take such other measures as are specified in the notice so that the development or use of the land or building is in accordance with the Municipal Government Act and/or attendant regulations, a development permit, subdivision approval or this Bylaw, as the case may be; within the time specified by the order. 3.2.12 The Development Officer shall consider and decide on applications for development permits within forty (40) days of the receipt of the application in its complete and final form or within such time as granted by the applicant. 3.2.13 The Development Officer is authorized to impose conditions of development permit approval in respect of either permitted or discretionary uses as follows: a) requiring the applicant to enter into a development agreement in accordance with the Act (see Section 4.4.13); b) requiring the applicant to comply with Council policies and bylaws that are applicable to the approved development; c) ensuring the applicant complies with this Bylaw and relevant statutory plans; d) requiring the applicant to submit an irrevocable letter of credit, or cash deposit, satisfactory to the Town in order to ensure compliance with imposed conditions of development permit approval. The amount of securities will be 100% of the estimated cost of connecting to, constructing, replacing, and repairing of Town assets including but not limited to, water, sewer, storm, curb, gutter, sidewalks, driveway entrances and roadway within the Town's right of way/public property and parcel surface improvements within private property, including but not limited to landscaping, final asphalt lift, curb, gutter, drainage; e) the Town may register a caveat under the Land Titles Act against the certificate of title for the subject lands with respect to the development permit approval conditions. 3.2.14 In the case of 3.2.13(d), the Applicant shall apply for a Development Completion Certificate and Final Acceptance Certificate from the Town of Crossfield. The Town shall grant the Certificates and return the securities once all conditions of the development permit approval have been achieved to the satisfaction of the Town of Crossfield Land Use Bylaw November 2018 52 Development Officer. 3.3 SUBDIVISION APPROVING AUTHORITY 3.3.1 Council hereby establishes the position of the Subdivision Approving Authority, which is authorized to act on behalf of the Municipality on those matters delegated to it by this Bylaw. 3.4 SUBDIVISION APPROVING AUTHORITY DUTIES AND RESPONSIBILITIES 3.4.1 The Subdivision Approving Authority shall: a) keep and maintain for the inspection of the public during office hours, copies of all decisions and ensure that copies of the same are available to the public; b) keep a register of all applications for subdivision for a minimum of two years, including the subsequent decisions and the reasons therefore; c) refer for comment applications for subdivision to those authorities and agencies prescribed within the Subdivision and Development Regulations and this Bylaw; d) solicit comments from adjacent property owners on applications for subdivision pursuant to the provisions of the Municipal Government Act; e) refer for comment an application for subdivision to an adjacent Municipality when the site is within 60.00 meters (196.85 ft) of the Municipality's boundaries; f) prepare, sign, and transmit all notices of decision and the application for subdivision; g) review instruments for Land Titles registration for conformity with the Subdivision Approving Authority or the Municipal Planning Commission's decision; h) endorse Land Titles instruments (which are in conformity with the Subdivision Approving Authority or the Municipal Planning Commission's decision) in order to affect the registration of the subdivision of land. 3.4.2 After thirty (30) days from the date of referral to authorities, agencies, or landowners, the Subdivision Approving Authority may deal with the application, whether or not comments have been received. 3.4.3 In the preparation of the report and recommendations, the Subdivision Approving Authority shall give due consideration to the comments received from any authority or agency. 3.4.4 The Subdivision Approving Authority shall advise the applicant of an application Town of Crossfield Land Use Bylaw November 2018 53 for subdivision for a use which is not listed as a Permitted Use or Discretionary Use or the land proposed for subdivision does not meet the requirements of the District in which the land is situated, of the option of applying to Council for an amendment to this Bylaw. 3.4.5 When sufficient details of the proposed subdivision have not been included with the application for subdivision as set out in Part 5, Section 5.1 of this Bylaw, the Subdivision Approving Authority may return the application to the applicant for further details. 3.4.6 The Subdivision Approving Authority shall advise the Council, Municipal Planning Commission and Subdivision and Development Appeal Board on matters relating to the subdivision of land. 3.4.7 The Subdivision Approving Authority shall appear before and represent the Municipal Planning Commission at appeal hearings of the Municipal Government Board and Subdivision and Development Appeal Board on decisions on applications for subdivision. 3.5 MUNICIPAL PLANNING COMMISSION 3.5.1 Council hereby establishes the authority of the Municipal Planning Commission, which is authorized by the Municipal Planning Commission Bylaw, to act on behalf of the Municipality on those matters delegated to it by this Bylaw. 3.6 MUNICIPAL PLANNING COMMISSION DUTIES AND RESPONSIBILITIES 3.6.1 The Municipal Planning Commission shall consider and decide on applications for a development permit: a) which are contained under discretionary uses (Municipal Planning Commission) in this Bylaw; b) which have been referred to it by the Development Officer; or c) which are for a temporary use (as defined by this Bylaw and subject to Section 3.6.2) and which are not listed as either a Permitted or Discretionary Use in the Land Use District in which the development is to occur. 3.6.2 An application for a development permit for a temporary use which is granted by the Municipal Planning Commission pursuant to Section 3.6.1 c) shall be limited to a period of time not exceeding sixty (60) days. Applications for the renewal of a temporary use shall be limited to one renewal and such renewal shall be limited to a period of time not exceeding sixty (60) days. Town of Crossfield Land Use Bylaw November 2018 54 3.6.3 The Municipal Planning Commission may allow a variance where, in its opinion, such variance does not unduly interfere with the amenities, or materially interfere with or affect the use, enjoyment or value of the neighbouring parcels. 3.6.4 The Municipal Planning Commission shall consider and decide on requests for time extensions to development permits, which have been referred by the Development Officer. 3.7 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 3.7.1 The Council hereby establishes the authority of the Subdivision and Development Appeal Board which is authorized to perform such duties as specified in the Municipal Government Act and the Subdivision and Development Appeal Board Bylaw. 3.8 SUBDIVISION AND DEVELOPMENT APPEAL BOARD DUTIES AND RESPONSIBILITIES 3.8.1 Where the Development Officer, Subdivision Approving Authority or Municipal Planning Commission: a) refuses an application for a development permit, or a subdivision; or b) fails to issue or render a decision on an application for a development permit or subdivision; or c) approves an application for a development permit or subdivision, with or without conditions; or d) issues an order under Section 3.2.10 of this Bylaw. 3.8.2 The following persons may appeal to the Subdivision and Development Appeal Board: a) the applicant for development or subdivision approval; b) any person affected by an order, or decision on a development permit; c) an adjacent landowner that was given notice pursuant to Section 4.4 on a decision to issue a development permit; d) a school authority with respect to the allocation of municipal school reserve on a decision to approve an application for subdivision; e) those authorities and agencies to which the application for development permit or subdivision was referred and are entitled to appeal, pursuant to the provisions of the Municipal Government Act. 3.8.3 Notwithstanding Section 3.8.1, no appeal lies to the Subdivision and Town of Crossfield Land Use Bylaw November 2018 55 Development Appeal Board in respect to: a) the decision to issue a development permit for a use that is listed as a Permitted Use within the District in which the development is to occur if the development complies in all respects to this Bylaw and the approval does not contain any conditions; b) the decision or deemed refusal on an application for subdivision if the land is located within a distance, as set out in the Subdivision and Development Regulations, of a highway, body of water, sewage treatment or wastewater management facility, in which case an appeal must be filed with the Municipal Government Board. 3.8.4 An appeal must be filed with the Subdivision and Development Appeal Board within fourteen (14) days of the date the decision, notice, or order was transmitted, advertised or issued. Pursuant to the provisions of the Municipal Government Act, the date of receipt of the decision is deemed to be five (5) days from the date the decision is mailed. 3.8.5 The appeal hearing must be held within thirty (30) days of receiving a notice of appeal. 3.8.6 All relevant documents and materials respecting the appeal including the application for the subdivision or development permit, the Subdivision Approving Authority or Development Officer's decision, the letter of appeal, or the order of the Development Officer, shall be made available for public inspection. 3.8.7 The Subdivision and Development Appeal Board must give its decision in writing within fifteen (15) days of concluding the hearing. The written decision shall contain reasons for the decision. 3.8.8 In determining an appeal, shall comply with this Bylaw, Provincial Acts and Regulations, the Municipal Development Plan and other statutory plans affecting the land. 3.8.9 The Subdivision and Development Appeal Board may confirm, revoke or vary the order, decision or any condition attached to them or make or substitute an order, decision or condition of its own. 3.8.10 The Subdivision and Development Appeal Board may make an order or decision or issue or confirm the issue of a subdivision decision or development permit notwithstanding that the proposed subdivision or development does not comply with this Bylaw, if in its opinion, the proposed subdivision or development would not: a) unduly interfere with the amenities of the neighbourhood; or b) materially interfere with or affect the use, enjoyment or value of neighbouring parcels; or c) the proposed development conforms with the use prescribed for that land or building in this Bylaw. Town of Crossfield Land Use Bylaw November 2018 56 3.9 FORMS, NOTICES AND FEES 3.9.1 For the purposes of administering the provisions of this Bylaw, Council, by resolution, may authorize the preparation and the use of such forms, notices and fee schedules as in its discretion it may deem necessary. Any such forms, notices or fees are deemed to have the full force and effect of this Bylaw in execution of the purpose for which they were designed, authorized, and issued. 3.9.2 The forms, notices, and fee schedules authorized by Council pursuant to this Bylaw may be posted, issued, mailed, served or delivered in the course of the Development Officer's or Subdivision Approving Authority's duties. 3.9.3 The following forms and notices used for the operation of this Bylaw are contained in Appendix A and are provided for information. The forms may be reproduced or photocopied for the purposes of submitting amendments to this Bylaw, applications for development or subdivision, appeals, or time extensions to the Municipality, its agencies, boards, and Designated Officers: - Land Use Redesignation Application, - Development Permit Application, - Subdivision Application, - Notice of Appeal to the Town of Crossfield Subdivision and Development Appeal Board. Town of Crossfield Land Use Bylaw November 2018 57 PART 4 - DEVELOPMENT 4.1 DEVELOPMENT PERMITS REQUIRED 4.1.1 Except as provided in Section 4.2 of this Bylaw, no development shall be commenced until: a) a development permit has first been issued pursuant to this Bylaw; or b) the development is carried out in accordance with the terms and conditions of the development permit issued in respect of the development; or c) a building permit has been obtained when a building bylaw or the Alberta Building Code so requires. 4.2 DEVELOPMENT PERMITS NOT REQUIRED 4.2.1 A development permit is not required in respect of the following developments but such developments shall comply with the provisions of this Bylaw: a) works of maintenance, repair or alteration, on a structure, both internal and external, if in the opinion the Development Officer, such work: i. does not include structural alterations; ii. does not change the use or intensity of the use of the structure; iii. the cost of said works (excluding labour costs) does not exceed one thousand dollars ($1,000); iv. is performed in accordance with obligatory legislation or other government regulations. b) the completion of a building which was lawfully under construction at the date this Bylaw comes into full force and effect, provided that: i. the building is completed in accordance with the terms of any permit granted by the Municipality, subject to the conditions of that permit; ii. the building, whether or not a permit was granted in respect of it, is completed within a period of twelve (12) months from the date this Bylaw comes into full force and effect. c) the use of any building referred to in Section 4.2.1(b) for the purpose for which construction was commenced; d) the erection or installation of machinery needed in connection with operations for which a development permit has been issued, for the period of the construction; e) the construction and maintenance of that part of a public utility placed in or upon a public thoroughfare or public utility easement; Town of Crossfield Land Use Bylaw November 2018 58 f) the use by the Municipality of land which the Municipality is the legal or equitable owner for a purpose approved by Council in connection with any public utility carried out by the Municipality; g) the use of a building or part thereof as a temporary polling station for a federal, provincial or municipal election or referendum or plebiscite; h) one temporary, on-site free-standing or fascia sign which does not exceed 2.97 m2 (32.00 ft2) in area nor 1.52 m (5.0 ft) in height and is intended for: i. identifying a construction or demolition project for which a development permit has been issued for such a project; or ii. identifying a political campaign: such a sign may be displayed for thirty (30) days prior to an election or referendum and must be removed within seven (7) days following the election, referendum or plebiscite; or iii. advertising a campaign or drive which has been approved by Council. Such a sign approved by Council under this Section may be posted for a maximum period of fourteen (14) days. i) one temporary, on-site free-standing or fascia sign which does not exceed 1.11 m2 (12.0 ft2) in area nor 1.22 m (4.0 ft) in height and is intended for advertising the sale or lease of a dwelling unit, or property for which a development permit has been issued for the development on the said property; j) the construction, maintenance and repair of private walkways, private pathways, private driveways and similar works; k) removal or stockpiling of soil when a development agreement has been signed as a condition of subdivision approval; l) the construction of an accessory building having an area of less than 9.29 m2 (100.0 ft2); m) satellite dishes and other forms of communication structures for private use; n) one on-site facia sign which does not exceed 0.19 m2 (2.0 ft2) in area for any of the following buildings: single-detached dwelling, semi- detached, duplex, or Townhouse and states no more than: i. the name and address of the building; and ii. the name of the person(s) occupying the building. o) an outdoor in-ground or above-ground private swimming pool: Town of Crossfield Land Use Bylaw November 2018 59 i. located in a side or rear yard; ii. having a total area not exceeding fifteen per cent (15%) of the site area; iii. that does not have any part of the above grade component, including a deck, walkway, supporting member, heater or mechanical equipment, located within 1.20 m (3.94 ft) of any side or rear property line; iv. all Permitted Uses in all Residential Districts included in Part 11 of this Bylaw. 4.3 APPLICATION REQUIREMENTS 4.3.1 An application for a development permit shall be made to the Development Officer using the prescribed form, signed by the registered owner or his agent and accompanied by: a) one (1) copy of the application form and site plan, preferably drawn to scale, which shows the following: i. legal description of the site with north arrow; ii. area and dimensions of the land or buildings to be developed including the front, rear and side yards if any; iii. floor plans, elevation and exterior finishing materials; iv. locations and distances of on-site existing or proposed water and sewer connections, septic tanks, disposal fields, water wells, culverts and crossings; v. site drainage finished parcel grades, the grades of the roads, streets and sewers servicing the property; vi. the height, dimensions, and relationship to property lines of all existing and proposed buildings and structures including retaining walls, trees, landscaping and other physical features (a Real Property Report may be required at the discretion of the Development Officer or the Municipal Planning Commission); information on the method to be used for the supply of potable water and disposal of wastes along with supporting documentation; vii. existing and proposed access and egress to and from the site. a) where applicable, the cutting down or removal of trees; b) on applications for signs, a replica of the proposed sign drawn to scale; c) the estimated commencement and completion dates; d) a statement of ownership of the land and intent of the applicant; e) the development permit fee as prescribed by Council. 4.3.2 In addition to the information required under Section 4.3.1, the following information on applications for: Town of Crossfield Land Use Bylaw November 2018 60 a) multi-dwelling unit residential, business, industrial, recreational and institutional uses: i. loading and parking provisions; ii. access locations to and from the site; iii. garbage and storage areas and the fencing and screening proposed for the same; iv. location and approximate dimensions of all existing and proposed trees, shrubs, parks and playgrounds; v. provision for barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; vi. a statement clearly describing how the potential impacts of the proposed development on adjacent lands will be dealt with and how the proposed facilities have been designed to minimize any anticipated or potential disturbances. b) private recreational areas, uses, and golf courses: i. number of units, or persons proposed; ii. duration and time periods for the operation of the facility or event; iii. methods to control traffic, dust and noise; iv. parking provisions; v. method(s) for providing on-site security; vi. list and location of all on-site services and activities being proposed; vii. hydrological study detailing water sources for domestic consumption and irrigation purposes, method(s) for managing on and off-site drainage and irrigation systems and the effects the drainage and irrigation systems will have on the site, adjacent lands and water courses; viii. information and documentation on proposed methods of maintaining landscaped areas, playfield, natural areas, or golf course development including the use of herbicides, pesticides, fungicides and other chemicals, their impacts on the environment, and mitigating measures that will be employed to minimize any adverse effects; ix. environmental impact analysis on the effects the development would have on the existing vegetation, water courses, wildlife habitats, migration patterns, and scenic features of the landscape. 4.3.3 The Development Officer may require additional information or additional copies of the plan and specifications as is considered necessary (including but not limited to site servicing plans, Alberta Transportation Roadside development permits, visual impact assessments, shadow impact studies or simulations, etc.). 4.3.4 The application shall be deemed not to have been in its complete and final form until all required details have been submitted to the satisfaction of the Development Officer. Town of Crossfield Land Use Bylaw November 2018 61 4.4 ISSUANCE OF DEVELOPMENT PERMITS 4.4.1 A development permit issued pursuant to this Bylaw is not a Building Permit and, notwithstanding that plans and specifications for buildings may have been submitted as part of an application for a development permit, work or construction shall neither commence nor proceed until a Building Permit has been issued pursuant to applicable bylaws and regulations. 4.4.2 When an application for a development permit is approved for: a) a permitted use that complies in all respects to the provisions of this Bylaw and without conditions, the Notice of Decision (Town Approval Letter) shall be sent by ordinary mail or email to the applicant; or b) a permitted use that requires a variance of a requirement of this Bylaw or has been approved with conditions or the approval is for a discretionary use, the Notice of Decision shall be sent by ordinary mail or email to the applicant and a Notice published in a newspaper circulating in the Municipality stating the legal description of the site of the development and identifying the use which has been approved for the site. 4.4.3 In addition to Section 4.4.2 and at the discretion of the Development Officer, a Notice of Decision may be sent by ordinary mail to all adjacent landowners. 4.4.4 When an application for a development permit is refused, the Notice of Decision shall be sent by ordinary mail or email to the applicant. 4.4.5 For purposes of this Bylaw, the Notice of Decision of the Development Officer or the Municipal Planning Commission on an application for a development permit is deemed to have been given and to have been received: a) in the case of a decision of refusal on an application for a development permit, five (5) days from the date that Notice of Decision is sent by ordinary mail to the applicant; b) in all other cases, when Notice of Decision is advertised in a newspaper circulating in the Municipality. 4.4.6 Except for a development permit, which has been approved without relaxations for a Permitted Use, a development permit for all other approved uses shall not be issued until fourteen (14) days after the Notice of Decision has been given pursuant to Section 4.4.5. 4.4.7 When an appeal is made pursuant to the Municipal Government Act, a development permit, which has been approved, shall not be issued unless and until the decision of the Development Officer or the Municipal Planning Commission has been upheld by the Subdivision and Development Appeal Board. 4.4.8 An application for a development permit shall, at the option of the applicant, be deemed to be refused when a subsequent decision is not made within forty (40) Town of Crossfield Land Use Bylaw November 2018 62 days after the receipt of the application in its complete and final form by the Development Officer. The applicant may appeal in writing pursuant to the provisions of the Municipal Government Act as though a decision of refusal had been received. 4.4.9 Notwithstanding Section 4.4.8, the applicant may enter into an agreement with the Municipality to extend the forty (40) day period for making a decision on a development permit application. 4.4.10 When an application for a development permit has been refused pursuant to this Bylaw or ultimately after an appeal pursuant to the provisions of the Municipal Government Act, the submission of another application for development permit on the same parcel of land for the same or for a similar use of the land by the same or any other applicant need not be accepted by the Development Officer for at least six (6) months after the date of refusal. 4.4.11 If the development authorized by a development permit is not commenced within twelve (12) months from the date of its issue and completed within twenty- four (24) months of the issue, the permit is deemed to be cancelled. 4.4.12 An extension to this period may be granted by the Development Officer that made the decision. 4.4.13 The Development Officer or the Municipal Planning Commission may require with respect to a development that, as a condition of development approval, the applicant enter into an agreement (a Development Agreement or other) with the Town to do all or any 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 pedestrian walkway systems; c) To install or pay for the installation of utilities that are necessary to serve the development; d) To construct or pay for the construction of off-street or other parking facilities, and of loading and unloading facilities; e) To pay an off-site levy or redevelopment levy imposed by by-law; f) To give security to ensure that the terms of the agreement under this section are carried out; g) To pay to the Town the costs paid by the Town to its Engineers, Planners, or any other person for the preparation or review of site development plans, review of construction drawings, materials testing, inspections, monitoring of construction and any other engineering, planning and legal costs and expenses to which the Town is put in connection with the preparation, administration and enforcement of the said agreement; h) To address any other issue, or require other information deemed appropriate. Town of Crossfield Land Use Bylaw November 2018 63 4.4.14 The Town may register any agreement entered into against the Certificate of Title for the subject land, in accordance with the provision of the Land Titles Act and the Municipal Government Act. The said caveat may be discharged when the agreement has been complied with. 4.4.15 In the case where an application for a development permit has been refused, and the appeal process has been completed, 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 Officer for at least 3 months after the date of the final decision unless, in the opinion of the Development Officer, the reasons for refusal have been adequately addressed or the circumstances of the application have changed significantly. Town of Crossfield Land Use Bylaw November 2018 64 PART 5 - ENFORCEMENT 5.1 COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS 5.1.1 Compliance with the requirements of this Bylaw or the issuance of a development permit or an approval of a subdivision pursuant to this Bylaw does not afford relief from compliance with the provisions of the Municipal Government Act, other Federal or Provincial Government legislation, or other bylaws and regulations affecting the development or subdivision in question. 5.1.2 It is the applicant's responsibility to ensure that all required permits, licenses and authorizations from affected authorities (including federal and provincial health authorities) are in place prior to the commencement of the development. 5.2 RIGHT OF ENTRY 5.2.1 Enforcement of municipal law and right of entry procedures undertaken by a designated person are governed by and are subject to the provisions of the Municipal Government Act. 5.2.2 The Development Officer, Subdivision Approving Authority, or such other person designated by Council, is the designated person for the purposes of Section 5.2.1. 5.3 BYLAW CONTRAVENTION 5.3.1 Orders and municipal actions to remedy contravention are governed by the Municipal Government Act and must be consulted for full details. 5.3.2 A person who receives an order referred to in Section 5.3.1 may appeal to the Subdivision and Development Appeal Board pursuant to Section 3.8.1 of this Bylaw and the provisions of the Municipal Government Act. 5.3.3 Whenever it appears to the Development Officer that a development permit has been obtained by fraud or misrepresentation or has been issued in error, the Development Officer may suspend or cancel the development permit. 5.4 OFFENCES AND PENALTIES 5.4.1 The authority regarding offences and penalties of this Bylaw is governed by and is subject to the Municipal Government Act. Town of Crossfield Land Use Bylaw November 2018 65 PART 6 - LAND USE DISTRICTS 6.1 ESTABLISHMENT OF LAND USE DISTRICTS 6.1.1 For the purpose of this Bylaw, the land within the boundaries of the Municipality shall be divided into one or more of the Land Use Districts as established in Section 6.2. 6.1.2 Throughout this Bylaw and amendments thereto, a Land Use District may be referred to either by its full name or its abbreviation as set out in Section 6.2. Town of Crossfield Land Use Bylaw November 2018 66 6.2 LAND USE DISTRICTS LAND USE DISTRICT NAME ABBREVIATION RESIDENTIAL SINGLE DETACHED LARGE PARCEL DISTRICT R-1A RESIDENTIAL SINGLE DETACHED MEDIUM PARCEL DISTRICT R-1B RESIDENTIAL SINGLE DETACHED SMALL PARCEL DISTRICT R-1C RESIDENTIAL TWO DWELLING DISTRICT R-2 RESIDENTIAL TOWNHOUSE DISTRICT R-3 RESIDENTIAL APARTMENT DISTRICT R-4 RESIDENTIAL SINGLE DWELLING SECONDARY SUITE AND CARRIAGE HOUSE DISTRICT R-1SS MANUFACTURED HOME RESIDENTIAL DISTRICT MHR CENTRAL BUSINESS DISTRICT CBD WEST DOWNTOWN BUSINESS DISTRICT WBD ELEVATOR ROAD BUSINESS DISTRICT EBD NEIGHBOURHOOD COMMERCIAL DISTRICT C-1 GATEWAY AND ENTRANCE BUSINESS DISTRICT C-2 GREENFIELD COMMERCIAL BUSINESS DISTRICT C-3 LIGHT INDUSTRIAL AND COMMERCIAL DISTRICT I-1 MEDIUM INDUSTRIAL DISTRICT I-2 HEAVY INDUSTRIAL DISTRICT I-3 MUNICIPAL AND INSTITUTIONAL DISTRICT MUN URBAN RESERVE DISTRICT UR DIRECT CONTROL DC 6.3 LAND USE DISTRICT MAP 6.3.1 The Municipality is hereby divided into Land Use Districts as provided in Section 6.2 and their boundaries are delineated on the map referred to in Section 6.3.2 which may be known as the Land Use District Map. 6.3.2 This Section 6.3.2 includes the Land Use District Map, as may be amended or Town of Crossfield Land Use Bylaw November 2018 67 replaced by bylaw from time to time. The Land Use District Map is attached to and forms part of this Bylaw. At a minimum, the Land Use District Map bears the following identification: a) Town of Crossfield Land Use District Map; b) Section 6.3 of Bylaw 2011-05, as amended; c) Adopted by Council this 21st day of June 2011, A.D.; d) The authorized signing authorities of the Municipality. Town of Crossfield Land Use Bylaw November 2018 68 PART 7 - GENERAL LAND USE REGULATIONS 7.1 LOT DIMENSIONS 7.1.1 No permit shall be issued for any development on a parcel the area or width of which is less than the minimum prescribed for the District in which the parcel is located. 7.1.2 Notwithstanding Section 7.1.1, a parcel of separate record in the Land Titles Office, containing less than the required minimum area or width, may be used subject to the discretion of the Development Officer or the Municipal Planning Commission. 7.1.3 Notwithstanding Section 7.1.1, Municipal Reserve (MR) parcels and Public Utility Parcels (PUL), when they are so identified on a registered plan of subdivision or on a proposed tentative plan of subdivision, will not be considered non-conforming when the area or width of site is less than the minimum prescribed for the District in which the site is located. 7.2 SPECIAL SETBACK REQUIREMENTS 7.2.1 Where parcels (other than corner parcels) have frontage on two public streets and are recognized as having two front yards, both front yards of the development shall comply with the setbacks for the respective District. 7.2.2 Notwithstanding any yard setback provisions established by this Bylaw, yard setbacks in excess of the minimum requirements may be required when deemed necessary by: a) the provisions, requirements and regulations of the Safety Codes Act, Chapter S-1, RSA 2000 as amended and attendant Building Code Regulation; b) the Development Officer or the Municipal Planning Commission, who may exercise their discretion in accordance with this Bylaw. 7.2.3 The minimum distances required for yards do not apply to construction wholly beneath the surface of the ground. 7.2.4 Projections of a maximum of 0.30 m (1.00 ft) into a designated yard may be considered by the Development Officer for the following projections: a) balconies; b) canopies; c) chases (flue enclosures); d) cornices; Town of Crossfield Land Use Bylaw November 2018 69 e) decks; f) eaves; g) flues; h) ornamental landscaping structures; i) sidewalks above finished grade; j) sills; k) steps; l) unenclosed patios; m) vents; n) air conditioners; and o) patios. 7.2.5 Projections into a designated yard setback may be considered by the Development Officer or the Municipal Planning Commission to the property line for the following projections: a) driveways; b) fences; c) access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; and d) sidewalks at finished grade. 7.2.6 In no case shall any part of any structure encroach or cause runoff on an adjoining property. 7.2.7 Where the site is to be developed for dwelling groups of two or more dwelling units, the following exceptions apply: a) where each dwelling unit of a dwelling group is contained on a separate parcel or title, no side yard shall be required on the side of the dwelling unit which abuts the adjacent dwelling unit by means of a fire separation; b) where the dwelling units of a dwelling group are contained on separate parcel parcels or titles, no side yards shall be required on either side in the case of an internal dwelling unit. No side yard shall be required on the interior side of the end dwelling unit. 7.2.8 Notwithstanding any other setback or yard requirement in this Bylaw, all buildings or structures adjacent to: a) water courses, as defined by the Alberta Environment, shall be located at least 15.00 m (49.21 ft) from the said water course; Town of Crossfield Land Use Bylaw November 2018 70 b) an escarpment having a slope of fifteen percent (15%) or greater, shall be located a distance from the top or toe of the escarpment as approved by the Town's engineers, and the Town's engineers in considering this matter, may receive the advice of any federal or provincial agency or qualified professional as deemed necessary; c) a pipeline capable of transporting petroleum products at pressures exceeding 689.48 kPa (100.00 psi) shall be setback a minimum distance of 15.24 m (50.00 ft) measured from the centre of the pipeline, unless in certain circumstances a greater distance is required by any of the following: i. the pipeline operator; ii. Council; iii. the Development Officer or the Municipal Planning Commission; iv. Alberta Environment; or v. the Energy Resources Conservation Board. 7.2.9 Notwithstanding any other setback or yard requirement in this Bylaw, all residential buildings adjacent to a Provincial Highway or a railway line shall be located a minimum distance of 27.0 m (88.58 ft) from the boundary of the right-of- way. This distance may be increased in accordance with Central Mortgage and Housing Corporation requirements. 7.2.10 In addition to Section 7.2.9, the following setback provisions apply: a) all buildings on parcels abutting or adjacent to Highway 2A within the Municipality's boundaries shall be set back a minimum of 15.24 m (50.00 ft) from the nearest ultimate limit of the highway right of way; b) additional setback distances along Highway 2A may be required at the discretion of the Development Officer or the Municipal Planning Commission after appropriate consultation with Alberta Transportation. 7.2.11 The front yard setback requirement may not apply to gas pumps for service station, gas bars, or keylock operations if in the opinion of the Development Officer or the Municipal Planning Commission, the gas pumps are situated on the parcel in a manner that will allow for potential future road widening. 7.3 LANDSCAPING AND FENCING 7.3.1 Where a landscaped area is required pursuant to the provisions of a Land Use District, it shall be provided in accordance with a landscaping plan satisfactory to the Development Officer or the Municipal Planning Commission and in conformity with the following rules: a) all portions of a site not covered by structures, parking, or vehicular circulation areas shall be landscaped; Town of Crossfield Land Use Bylaw November 2018 71 b) existing natural vegetation and landscaping retained on a parcel may be considered in fulfillment of the total landscaping requirements; c) Any landscaping and/or re-contouring shall be done so that the finished grade does not direct surface drainage or cause the impounding of drainage onto an adjoining site as confirmed in writing by the applicant's engineer or landscaper and approved by the Development Officer or Municipal Planning Commission; d) the landscaping standards established on an approved landscaping plan shall be the minimum standard which is to be maintained on a site; e) any trees or shrubs which die must be replaced during the next planting season on a continuing basis; f) all plant material shall be of a species capable of healthy growth in the Crossfield area and conforming to the standards of the Canadian Nursery Trades Association; g) the minimum number of trees on a parcel shall be one for every 46.45 m2 (500.00 ft2) of landscaped area provided; h) the minimum number of shrubs required on a parcel shall be one for every 46.45 m2 (500.00 ft2) of landscaped area provided; i) shrubs shall be a minimum height or spread of 0.61 m (2.00 ft) at the time of planting; j) coniferous trees shall comprise no less than one-third of the total number of trees required; k) coniferous trees shall be a minimum of 1.83 m (6.00 ft) in height at the time of planting; l) deciduous trees shall be a minimum of 3.05 m (10.00 ft) in height at the time of planting; and m) any area requiring landscaping or topographic reconstruction shall be landscaped or constructed so that the finished surface contours do not cause or direct surface drainage onto an adjacent parcel. 7.3.2 the planting of female cotton wood (Populus Deltoides) trees is prohibited. 7.3.3 Where a development permit is to be granted and landscaping is part of the development, the Development Officer or the Municipal Planning Commission may require the applicant to provide a letter of credit or a cash deposit up to the total cost of such landscaping to ensure completion of any landscaping. 7.3.4 Notwithstanding any other provision contained in this Bylaw, no object, structure, fence, hedge, shrub, or tree above a height of 0.91 m (3.00 ft) shall be placed in or on that part of a corner parcel or site located within any district which lies within a triangle formed by a straight line drawn between two points of the intersecting property lines of said site, 3.00 m (9.84 ft) from the point where they intersect (See Figure 5 - Sight Line Setbacks). Town of Crossfield Land Use Bylaw November 2018 72 7.3.5 A fence in a residential Land Use District shall not exceed: a) 0.91 m (3.00 ft) in the front yard; or b) 1.83 m (6.00 ft) in the side or rear yard. 7.3.6 Notwithstanding Section 7.3.5, the height of a fence in a Business, Commercial, Industrial or Urban Reserve District shall be determined by the Development Officer or the Municipal Planning Commission. 7.3.7 For all development on parcels adjacent to Highway 2A, all areas between any building and the property line shared with Highway 2A shall be landscaped and screened to the satisfaction of the Development Officer or the Municipal Planning Commission. 7.3.8 No fence (within all Land Use Districts, with the exception of the Urban Reserve District) shall be of barbed wire construction below a height of 1.83 m (6.00 ft). Figure 5 - Sight Line Setbacks 7.4 SCREENING, OUTSIDE STORAGE AREAS AND GARBAGE STORAGE 7.4.1 Visual screening to a minimum height of 1.83 m (6.00 ft) shall be provided by a fence or a combination of a fence and soft landscaping where a Commercial or Industrial Land Use District abuts a Residential Land Use District and: Town of Crossfield Land Use Bylaw November 2018 73 a) the parcel accommodates a use operating or partially outside a building; or b) the rear or rear yard of the parcel is used for parking, access, loading or other servicing activity. 7.4.2 All mechanical equipment or apparatus on the roof of any office, apartment, commercial or industrial building shall be screened to the satisfaction of the Development Office or the Municipal Planning Commission. 7.4.3 All exterior work areas and waste handling areas shall be screened or enclosed from the view of adjacent parcels, roadways, walkways, park areas and municipal or environmental reserve parcels in a manner compatible with the design and external materials of the building on the parcel and to the satisfaction of the Development Officer or the Municipal Planning Commission. 7.4.4 In those cases where wrecked or damaged vehicles are permitted to be stored or located on a parcel they shall be screened or enclosed to the satisfaction of the Development Officer or the Municipal Planning Commission. 7.4.5 In Industrial, Commercial, Business, and Multi-Dwelling Unit Residential Districts: a) garbage shall be stored in weatherproof and animal proof containers screened from adjacent sites and public thoroughfares and be in a location easily accessible for pick-up; and b) outside storage areas shall be screened from adjacent sites and thoroughfares. 7.5 DEVELOPMENT OF HAZARD LANDS 7.5.1 It is the responsibility of the developer to provide adequate protection against flooding, subsistence and slumping and to engage such professional expertise as shall be necessary to protect the development. 7.5.2 Development on lands having a gross slope of greater than five percent (5.0%) shall be accompanied by a site plan and a structural plan designed and stamped by a professional engineer. 7.5.3 The Development Officer or the Municipal Planning Commission may require that an application for the development of lands with a gross slope of five percent (5.0%) or less shall be accompanied by a site plan and a structural plan designed and stamped by a professional engineer. Town of Crossfield Land Use Bylaw November 2018 74 7.6 CONTROLLED APPEARANCE 7.6.1 The design, character, and appearance of any building, structure, or sign, proposed to be erected or located in any District must follow the policies and guidelines outlined within the current Municipal Development Plan, Area Redevelopment Plan or Area Structure Plan and must be acceptable to the Development Officer or the Municipal Planning Commission, having due regard to the amenities and the character of existing development in the Land Use District, as well as to its effect on adjacent Land Use Districts. 7.6.2 The exterior finishing materials of a proposed development shall be those as shown on the approved plans for that development. Once constructed, the facade of the building (or buildings) shall be maintained to the standard shown on the plans approved by the Development Officer or the Municipal Planning Commission. 7.6.3 The Development Officer or the Municipal Planning Commission may allow a building to be occupied by a combination of uses and each use shall be considered as a separate entity and subject to the provisions of this Bylaw. 7.6.4 The entire site and all the buildings shall be maintained in a neat and tidy manner including the trimming and upkeep of landscaped areas and the prompt removal of debris and unsightly objects. 7.6.5 Where a site is part of a larger area, the whole of which may eventually be developed and for which no comprehensive plan has been prepared, the Development Officer or the Municipal Planning Commission may require the submission of a comprehensive plan for the whole area before dealing with the application and may require that the plan be prepared by a qualified professional. 7.7 BUILDING HEIGHT 7.7.1 The base from which the height of a building is measured shall be the average elevation of the finished ground level adjoining all exterior walls of a building. 7.7.2 In addition to the exemptions permitted in this Bylaw, the maximum height for buildings or structures may be exceeded at the discretion of the Development Officer or the Municipal Planning Commission if the additional height is considered necessary to achieve a particular architectural theme or style and does not interfere with the use, enjoyment, value or amenities of neighbouring properties. 7.7.3 The height of buildings as specified in the Land Use Rules of this Bylaw shall not apply to communication structure, antenna structures, utility poles, flagpoles or other similar devices considered not structurally essential to the building by the Development Officer or the Municipal Planning Commission. Town of Crossfield Land Use Bylaw November 2018 75 7.8 ACCESSORY BUILDINGS 7.8.1 All accessory buildings shall be located at least 1.52 m (5.00 ft) from any principal building, unless otherwise noted. 7.8.2 When a building being used or proposed to be used as an accessory building is located closer than 1.52 m (5.00 ft) to a principal building it shall be connected to that principal building by a structural element including for but not limited to: a) a common foundation; b) a common roof; or c) a common wall. 7.8.3 When an accessory building is attached to the principal building it shall be considered to be part of the principal building and subject to the setbacks, site coverage. 7.8.4 An accessory building erected on a site in any Residential Land Use District shall not be used as a dwelling (except as noted for carriage houses), shall not exceed one storey in height, and except for parking facilities, shall not have a basement or cellar. 7.8.5 When a residential site abuts a lane that is 6.10 m (20.00 ft) or less in width, the Development Officer or the Municipal Planning Commission may require a rear yard setback for a private garage greater than the prescribed minimum. 7.8.6 No side yard is required for an accessory building in Commercial or Industrial Land Use Districts provided that: a) the wall of the structure nearest the property line is a fire rated wall pursuant to the provisions of applicable safety codes; b) the exterior finish of the wall does not require maintenance as determined by the Development Officer or the Municipal Planning Commission; c) there will be no accessory building eaveline, footing or foundation encroachment into the adjoining property; d) all roof drainage is directed by means of eaves troughs, drain-spouts, or such other suitable means, onto the property where the accessory building is located. 7.8.7 Unless otherwise required in the prevailing Land Use District, on sites without lanes, a rear yard for an accessory building is not required provided that the accessory building complies with the provisions of Section 7.8.6. Town of Crossfield Land Use Bylaw November 2018 76 7.9 TEMPORARY BUILDINGS AND USES 7.9.1 The Development Officer or the Municipal Planning Commission may conditionally approve a temporary building or use to be constructed or located in any Land Use District subject to the registered owner agreeing to remove such building or use in accordance with the terms and conditions affixed by the Development Officer or the Municipal Planning Commission. 7.9.2 A temporary building shall not exceed one (1) storey in height and shall not have a basement, a cellar, or any foundation below grade. 7.9.3 A temporary building shall be maintained to an appropriate physical standard at all times. 7.9.4 No temporary building shall be serviced by the Town of Crossfield sewage treatment system or water supply system. 7.9.5 The Development Officer or the Municipal Planning Commission may require skirting around the base of a temporary building. 7.10 RELOCATION OF BUILDINGS 7.10.1 Where a development permit has been granted for the relocation of a building either on the same site or from another site, the Development Officer or the Municipal Planning Commission may require the applicant to provide a Letter of Credit or a cash deposit of such amount to ensure completion of any renovations set out as a condition of approval of the permit. 7.10.2 Where a development permit has been granted for the relocation of a building either on the site or from another site, the Development Officer or the Municipal Planning Commission shall require the applicant to indemnify the Town of Crossfield against any damages that may occur to public or quasi- public utilities as a result of the relocation. 7.10.3 All exterior and structural renovations to a relocated building are to be completed within one (1) year of the issuance of the development permit. 7.10.4 Whenever a relocation of a building is carried out, the applicant shall, at his sole expense, protect from displacement any wall, sidewalk or roadway liable to be affected by such relocation and shall sustain, protect and underpin the same so that they will remain in the same condition as before the relocation was commenced and ensure that adequate measures shall be taken by way of fencing and screening to ensure the general public's safety. Town of Crossfield Land Use Bylaw November 2018 77 7.11 DEMOLITION OR REMOVAL OF BUILDINGS 7.11.1 When a development permit is to be approved for the demolition or removal of a building, the Development Officer or the Municipal Planning Commission may require the applicant to provide a cash deposit or irrevocable letter of credit in such amount to cover costs of reclamation and damage to any public utility. 7.11.2 Whenever a demolition or a removal of a building is carried out, the person causing the same to be made, shall at his own expense, protect from displacement any wall, sidewalk or roadway liable to be affected by such demolition and shall sustain, protect and underpin the same so that they will remain in the same condition as before the demolition or removal was commenced. Further, the person shall ensure that adequate measures shall be taken by way of fencing and screening to ensure public safety. 7.11.3 Whenever a development permit is issued for the demolition or removal of a building it shall be a condition of the permit that the parcel shall be cleaned, with all debris removed, and left in a graded condition after completion of the demolition. 7.12 NON-CONFORMING USES AND NON-CONFORMING BUILDINGS 7.12.1 A non-conforming building may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered, except: a) as or may be necessary to make it a conforming building; or b) as may be considered necessary by the Development Officer or the Municipal Planning Commission for the routine maintenance of buildings. 7.12.2 If a non-conforming building is damaged or destroyed by fire or other causes to an extent of more than seventy-five per cent (75.0%) of the market value of the building, above its foundation, the building shall not be repaired or rebuilt, except in conformity with the provisions of this Bylaw. 7.12.3 A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of six (6) consecutive months, or more, any future use shall conform to the provisions of this Bylaw. 7.12.4 The use of land or of a building is not affected by reason only of change of ownership, tenancy or occupancy of the land or building. 7.12.5 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 alternations shall be made thereto or therein. 7.12.6 When a building is a non-conforming building solely by reason of its Town of Crossfield Land Use Bylaw November 2018 78 encroachment into a required front, side or rear yard, or inadequate parking, the Development Officer or the Municipal Planning Commission, at its discretion, may allow an extension of, or an addition to the building, if such extension or addition will not in itself constitute an encroachment into any required yard, and if such extension or addition complies with the provisions of this Bylaw. 7.13 LAND NEAR WATER OR SUBJECT TO FLOODING OR SUBSIDENCE 7.13.1 Development on land that is subject to flooding or subsidence or that is marshy or unstable shall not be permitted unless adequate flood proofing measures are undertaken, as identified by a qualified engineer and to the satisfaction of the municipal approving authority. 7.14 DRAINAGE 7.14.1 Any area requiring landscaping or topographic reconstruction shall be landscaped or reconstructed so that the finished surface contours do not direct surface drainage onto an adjoining site. Town of Crossfield Land Use Bylaw November 2018 79 PART 8 - SPECIAL DEVELOPMENT REGULATIONS 8.1 APARTMENT BUILDING REQUIREMENTS 8.1.1 The arrangement of apartment buildings on a site is subject to the approval of the Development Officer or the Municipal Planning Commission. 8.1.2 On a site where two (2) or more apartment buildings are to be developed, building separations, where balconies or windows relating to living rooms, dining rooms and bedrooms face one another, are subject to the provisions and requirements of the Safety Codes Act, Chapter S-1, RSA 2000, as amended, and the Building Code Regulation and in no case shall be less than 15.00 m (49.21 ft). 8.1.3 The principal entry for an apartment building shall be from one common access directly accessible to ground level. 8.2 DWELLING GROUP REQUIREMENTS 8.2.1 The arrangement of the buildings in a dwelling group is subject to the approval of the Development Officer or the Municipal Planning Commission. 8.2.2 On a site where two (2) or more dwelling groups are to be developed, building separations, where balconies or windows relating to living rooms, dining rooms and bedrooms face one another, are subject to the provisions and requirements of the Safety Codes Act, Chapter S-1, RSA 2000, as amended, and the Building Code Regulation and in no case shall be less than 15.00m (49.21 ft). 8.2.3 Except for apartment buildings, the principal entry for every dwelling unit in a dwelling group shall be separate and directly accessible to ground level. 8.2.4 Each dwelling unit of a semi-detached dwelling or a dwelling group shall be serviced individually and directly connected to the sewer, water, and gas utility lines located within the public right of way. 8.3 AMENITY AREAS, RECREATION AND LANDSCAPING REQUIREMENTS FOR MULTI-UNIT RESIDENTIAL DEVELOPMENT 8.3.1 When multi-unit housing is proposed for development, the developer shall provide amenity areas and spaces for recreation and landscaping purposes on the parcel, in addition to the area required for buildings, driveways, walkways and parking. 8.3.2 The amount of land area on a multi-unit residential site required for amenity Town of Crossfield Land Use Bylaw November 2018 80 areas, recreation, and landscaping purposes may vary according to building size, type and the number of dwelling units to be constructed, but the minimum total area provided for amenity areas, recreation, and landscaping shall be determined using an overall ratio of no less than 5.00 m2 (53.82 ft2) of private or communal amenity area per dwelling unit. 8.3.3 Those areas comprising balconies and recreational facilities within the development, including patios, swimming pools and communal lounges for the free use of the tenants, may be included as part of the total amenity area, landscaping, and recreational requirements for the parcel. 8.3.4 The location and screening of landscaped and recreational areas on the parcel shall be provided in accordance with any development plan for the parcel approved by the Development Officer or the Municipal Planning Commission. 8.3.5 Internal pedestrian walkways, where provided, shall have a minimum hard surfaced width of 0.91 m (3.00 ft) and shall be constructed to the satisfaction of the Municipality. 8.4 DWELLING UNITS IN MIXED-USE RESIDENTIAL DEVELOPMENTS 8.4.1 Dwelling units in mixed-use residential developments may be located on the same floor as a non-residential use. 8.4.2 Parking for dwelling units in mixed-use residential developments shall be provided in accordance with the requirements for apartments as stipulated in Section 10.1, and shall be provided in addition to the requirements for the principal commercial use(s). 8.5 MANUFACTURED HOME PARK DEVELOPMENT AND OPERATIONAL REQUIREMENTS 8.5.1 Manufactured home parks shall be used for residential purposes including those uses and their associated facilities which in the opinion of the Development Officer or the Municipal Planning Commission are clearly provided to serve the needs of the park residents. 8.5.2 A minimum of ten percent (10%) of the total area of a manufactured home park shall be set aside for the recreational use and enjoyment of the park residents in a manner and location satisfactory to the Development Officer or the Municipal Planning Commission. This area shall not include reserve dedications which may be owing pursuant to the provisions of the Municipal Government Act. 8.5.3 In addition to 8.5.2, each manufactured home park shall provide a buffer on its perimeter of not less than 3.05 m (10.00 ft) in width and any other edge treatment Town of Crossfield Land Use Bylaw November 2018 81 as required by the Development Officer or the Municipal Planning Commission. 8.5.4 All areas of a manufactured home park not developed or occupied by park roads, walkways, driveways, parking, buildings, playgrounds, or other developed facilities shall be landscaped by the developer. 8.5.5 Outdoor lighting in a manufactured home park shall be integrated in design and appearance and conform with the requirements and specifications of the Town of Crossfield. 8.5.6 All signs in a manufactured home park shall be of a design, character and appearance suitable to a residential area and to the satisfaction of the Development Officer or the Municipal Planning Commission. 8.5.7 The design and development of a manufactured home park shall comply with the following requirements: a) all manufactured homes shall be located according to a plan which has been approved by the Development Officer or the Municipal Planning Commission; b) compliance with the requirements of this Bylaw does not afford relief from compliance with any other municipal, provincial or federal regulation; c) the minimum requirements for manufactured home parks in this Bylaw may be varied to create variety and interest in the design and development of manufactured home parks; d) prior to the development of a manufactured home park, the developer shall establish guidelines and standards satisfactory to the Development Officer or the Municipal Planning Commission respecting the design and materials of carports, patios, porches, storage buildings, skirting (including hitches), fences, heating-fuel storage, supply facilities and other accessory structures; e) the manufactured home park operator shall inform park residents of their responsibilities with respect to this Bylaw and shall be responsible for developing and operating the manufactured home park in compliance with those responsibilities; f) the manufactured home park operator shall ensure that each manufactured home is levelled, blocked and skirted, and the hitch screened or skirted within thirty (30) days of being placed on the site; g) all manufactured homes permitted in any manufactured home park shall comply with Canadian Standards Association Regulation CAN/CSA-AZ77; h) any manufactured home ten (10) years or older shall be inspected by the Building Inspector prior to locating it on a site in a manufactured home park. 8.5.8 In addition to the yard requirements of the Manufactured Home Residential District, all manufactured home parks shall comply with the following: Town of Crossfield Land Use Bylaw November 2018 82 a) each manufactured home site shall be provided with a horizontal, stable parking apron suitable for blocking and levelling; b) manufactured homes shall be placed on parking aprons and the homes, including attached structures, shall: i. be located within the boundaries of the manufactured home site; and ii. be clearly marked on the ground by permanent flush stakes, markers or other means, and permanently marked with a site number or other address system; c) all manufactured home park roads shall be constructed and surfaced to the Municipality's specifications. Minor streets shall have a minimum carriageway of 7.62 m (25.0 ft) and collector streets shall have a minimum carriageway of 9.14 m (30.0 ft); d) two off-street parking spaces shall be provided on or adjacent to each manufactured home site within the manufactured home park and shall: i. be surfaced to the Municipality's specifications; ii. have an area of not less than 14.86 m2 (160.0 ft2); and iii. have a width for one vehicle of not less than 2.44 m (8.0 ft); e) internal pedestrian walkways (where provided) shall have a minimum hard surfaced width of 0.91 m (3.0 ft) and shall be constructed to the satisfaction of the Municipality; f) the location and design of all service and auxiliary facilities are subject to the approval of the Development Officer or the Municipal Planning Commission; g) all service buildings must be accessible by an internal road within the manufactured home park; h) a screened storage compound for the use of the manufactured home park residents equivalent to one (1) parking stall per unit shall be provided for trucks, campers, travel trailers, snowmobiles and boats at a location and in a manner satisfactory to the Development Officer or the Municipal Planning Commission; i) each manufactured home site shall be connected to and serviced by the Town of Crossfield sanitary sewer and water supply. 8.6 SATELLITE DISH ANTENNAS 8.6.1 The operator or user of a satellite dish antenna shall not: a) display any advertising on the satellite dish except a manufacturer's trademark or logo; or Town of Crossfield Land Use Bylaw November 2018 83 b) illuminate or decorate the satellite dish. 8.7 BED AND BREAKFAST ACCOMMODATION 8.7.1 Bed and breakfast accommodation shall not interfere with the rights of other residents to quiet enjoyment of a residential neighbourhood. 8.7.2 Bed and breakfast accommodation shall be an incidental and subordinate use to the principal residential use, shall be restricted to the dwelling unit and shall not: a) require any alterations to the principal building that would change the principal character or external appearance of the dwelling unless the alterations are approved by the Development Officer or the Municipal Planning Commission; b) create a nuisance by way of noise, parking or traffic generation; c) occupy more than three (3) rooms in addition to the rooms for the personal use of the owner; d) display any form of advertising, other than an identification sign, relating to the bed and breakfast operation on site; e) sell meals or alcoholic beverages to patrons who are not overnight guests; f) include a kitchen in any bed and breakfast room. 8.7.3 One (1) on-site parking space per bed and breakfast guest room shall be provided. 8.7.4 The bed and breakfast development must comply with applicable fire and health regulations. 8.7.5 In granting a development permit for a bed and breakfast, the Development Officer or the Municipal Planning Commission shall restrict the use to a specified time limit after which an application must be made to continue the use. In no case shall a development permit be issued for a period that exceeds three (3) years, after which time a new application must be made. 8.8 HOME OCCUPATIONS & HOME OFFICES 8.8.1 There shall not be any form of advertising discernible from the outside of the building, other than an identification sign related to the home occupation. 8.8.2 The home occupation shall not create a nuisance by way of dust, noise, odour, smoke or glare. Town of Crossfield Land Use Bylaw November 2018 84 8.8.3 There shall be no mechanical or electrical equipment used which creates visual, audible or electrical interference in radio or television reception. 8.8.4 The home occupation shall not generate pedestrian or vehicular traffic or parking, in excess of that which is characteristic of the Residential District in which it is located. 8.8.5 There shall be no outdoor business activity, or outdoor storage of material or equipment associated with the home occupation. 8.8.6 Alterations to the principal and accessory buildings may be permitted at the discretion of the Development Officer or the Municipal Planning Commission. 8.8.7 The home occupation shall be operated as an accessory use only and shall not change the principal character or external appearance of the dwelling unit. 8.8.8 Home occupations are limited to those uses which are approved by the Development Officer or the Municipal Planning Commission for the dwelling unit or accessory building in which they are carried out. 8.8.9 If at any time any of the requirements regulating a home occupation are not complied with, the Development Officer or the Municipal Planning Commission may suspend or cancel the home occupation development permit. 8.8.10 A development permit for a home occupation does not exempt compliance with health regulations or any other permit requirements of municipal, provincial, or federal authorities. 8.9 OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT 8.9.1 The following objects are prohibited in a Residential Land Use District: a) a vehicle with a gross vehicle weight (GVW) rating in excess of 7,258 kg (7.14 imperial tons) for longer than is reasonably necessary to load or unload the vehicle; b) an industrial, commercial or construction vehicle except when such a vehicle is required pursuant to a development or building permit for that site; c) a dismantled, unregistered or other vehicle which in the opinion of the Development Officer is unsightly or tends to adversely affect the amenities of the Residential Land Use District, which is located in the front yard or visible from the street for more than forty-eight (48) hours; d) any object or chattel which, in the opinion of the Development Officer or the Municipal Planning Commission is unsightly or tends to adversely affect the amenities of the Residential Land Use District; Town of Crossfield Land Use Bylaw November 2018 85 e) Any structure which is not finished or maintained in a manner compatible with the principal building, or any building, vehicle or object which by virtue of its location or appearance is, in the opinion of the Development Authority detrimental to the surrounding area, or is unsafe, is not permitted. 8.10 DEVELOPMENT ADJACENT TO RAILWAYS 8.10.1 The Development Officer or the Municipal Planning Commission will require that development adjacent to railways conform to guidelines that may be established by the Railway Association of Canada, the Federation of Canadian Municipalities, or Canadian Pacific Railway. 8.10.2 The Development Officer or the Municipal Planning Commission may require that applications for development adjacent to railways include noise and vibration studies or reports. 8.11 MEDICAL MARIHUANA PRODUCTION FACILITY 8.11.1 The applicant must provide, as a condition of development permit approval, a copy of the current license for all activities associated with medical marihuana production as issued by Health Canada. 8.11.2 The applicant must obtain any other approval, permit, authorization consent or license that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. 8.11.3 The development must be done in a manner where all of the processes and functions are fully enclosed within a stand-alone building including all loading stalls and docks, and garbage containers and waste material. 8.11.4 The development shall not operate in conjunction with another approved use. 8.11.5 The development shall not include an outdoor area for storage of goods, materials or supplies. 8.11.6 The development must include equipment designed and intended to remove odours from the air where it is discharged from the building as part of a ventilation system. 8.11.7 The development must not be within 74.98 m (246.00 ft.) of a residential or a public institutional district, measured from the building foundation containing the use to the nearest property line of a parcel designated as a residential or a public institutional district. 8.11.8 The Development Authority may require, as a condition of a development Town of Crossfield Land Use Bylaw November 2018 86 permit, a Public Utility and Waste Management Plan, completed by a qualified professional, that includes detail on: a) The incineration of waste products and airborne emissions, including smell; b) The quantity and characteristics of liquid and waste material discharged by the facility; c) The method and location of collection and disposal of liquid and waste material. 8.11.9 The minimum number of vehicle parking stalls shall be based on the parking requirements of a manufacturing plant as noted in Part 10, Parking and Loading Regulations. 8.12 CANNABIS STORES 8.12.1 Applications for cannabis stores shall not be approved for any parcel that has a property line that is less than 200 metres from the property line of any parcel that: a) is currently designated as Municipal School Reserve or is the site of either a school, public or separate or school, private; b) is planned to be designated as Municipal School Reserve or the site of either a school, public or separate or school, private; 8.12.2 All cannabis stores shall comply with additional setback regulations as required by Health Canada, other government agencies and as approved by the Development Authority. 8.13 SIDEWALK CAFES 8.13.1 A sidewalk café permit is valid from the date of issuance for one (1) year and may be renewed annually. In order to renew the permit, the developer must provide the Municipality with a request indicating that there will be no changes to the sidewalk café. If any changes are required, the developer must make an application for a new permit. 8.13.2 If the applicant is not the owner of the property, authorization and written permission of the property owner is required and must accompany the application. 8.13.3 A development permit will authorize only the consumption of food within the sidewalk seating area and not liquor. The service and consumption of liquor must obtain all appropriate permits and licenses from the provincial authority as follows: a) A permit holder who intends to serve alcohol inside any temporary sidewalk seating area requires a separate license from the Alberta Gaming and Liquor Commission. A copy of that license is to be provided to the Municipality; Town of Crossfield Land Use Bylaw November 2018 87 b) A copy of any approval from any involved Health Authority is to be provided to the Municipality. 8.13.4 The area designated for the sidewalk café shall be considered an extension of the principal building and business and the location of the sidewalk café must be directly in front of the building. 8.13.5 The following information must be provided with the application: a) details of the proposed furniture or manufacturers' brochures; b) site plan showing all existing buildings, proposed café area and setbacks; c) layout of the furniture including signage, tables, chairs, placement and number of planters and all other accessories; d) location, structure and dimensions of any portable walls/barriers; e) location of all doorways, windows and service openings; f) length of restaurant/café frontage; g) distance from property line to curb; h) proposed width and length of sidewalk seating/café; i) proposed total area of sidewalk seating/café. 8.13.6 Renewals and Amendments a) development permits must be renewed annually. The permit holder shall submit their request for renewal in writing; b) A permit holder will be required to submit an application in writing to the Development Authority for any amendment to their existing sidewalk seating plan. 8.13.7 Approval of a sidewalk café permit will require, as a conditional of approval, that the Development Authority and the Fire Chief conduct a site inspection of the approved sidewalk café and all elements placed therein after construction to ensure that the sidewalk café and all sidewalk café elements are in compliance with the approved permit and that the developer is in compliance with all other requirements of the permit before any use of the sidewalk café may commence. 8.14 SECONDARY SUITES 8.14.1 A maximum of one (1) dwelling, secondary suite is permitted on a parcel. 8.14.2 Secondary suite must be within the principle building. 8.14.3 A dwelling, secondary suite shall not be permitted on a parcel that contains a carriage house. 8.14.4 Where there is a dwelling, secondary suite, one (1) additional parking space shall Town of Crossfield Land Use Bylaw November 2018 88 be provided on the parcel. Setbacks and other requirements listed in this district apply to the provision of this additional parking space. 8.14.5 A single family dwelling with a dwelling, secondary suite shall not have a home occupation, bed and breakfast, or child care facility. 8.14.6 The maximum floor area of a secondary suite shall be 70.00 m2 (753.5 ft2). Town of Crossfield Land Use Bylaw November 2018 89 PART 9 - SIGN REGULATIONS 9.1 SIGN CONTROL 9.1.1 When considering a development application for a sign, the Development Officer or the Municipal Planning Commission shall have due regard to the amenities of the District in which the sign is located, the design of the proposed sign and that the design meet the policies and objectives of that district outlined in the Municipal Development Plan and Area Redevelopment Plan. 9.1.2 A sign, which is separate from a building, must be located so as to comply with the front yard setback requirements applicable to the principal building unless otherwise provided. 9.1.3 Excepting traffic control signs and those temporary signs outlined in Section 4.2, all signs shall comply with the provisions set out for the Land Use District in which the sign is to be located. 9.1.4 Excepting traffic control signs and those temporary signs permitted by this Bylaw, the Development Officer or the Municipal Planning Commission shall limit the placement or signs, mobile signs and billboards adjacent to Highway 2A to selected locations to be determined by the Development Officer or the Municipal Planning Commission on an application specific basis. 9.1.5 No sign shall be erected so as to obstruct free and clear vision of vehicular traffic, or be located or display a light intensity or colour where it may interfere with, or be confused with any authorized traffic sign, signal, or device and in so doing create a traffic hazard. 9.1.6 Prohibited signs include: a) signs which display lights resembling the flashing lights normally associated with a traffic signal or hazard warning device, police, ambulance and other emergency vehicles, or railway crossing signals; b) signs which operate or employ any motion picture projection or use holography; and c) signs other than fascia signs, which overhang any abutting municipal, provincial, or federal property. 9.1.7 Where the Development Officer or the Municipal Planning Commission finds a sign to be abandoned it may (by notice in writing or by registered mail) order the registered owner, the person in possession of the land or the building or the person responsible for the abandoned sign to: a) remove the sign within ten (10) days of receipt of the notice; or b) take such measures as are specified in the notice to alter and refurbish the sign so that it correctly identifies the business, or the products and services offered on the parcel where the sign is displayed. Town of Crossfield Land Use Bylaw November 2018 90 9.1.8 Freestanding signs in any Land Use District shall not project within 0.61 m (2.00 ft) of a property line and shall not encroach upon or over any municipal, provincial or federal property. 9.1.9 Portable Signs a) Sign, portables may only be used to advertise businesses which commence operation on the parcel upon which the sign is erected within 60 days after the date of development permit approval; b) Sign, portables must not be attached to the ground using metal pegs; c) The use of a sign, portable shall be limited to a maximum of sixty (60) days following which time the sign shall be removed from the parcel; d) Only one sign, portable shall be permitted on a parcel at any one time and a minimum of thirty (30) days shall elapse between the removal of one sign, portable and the erection of another on the same parcel; e) Within Commercial Districts, no sign, portable shall be placed on a sidewalk in such a way that interferes with pedestrian traffic, to cause a tripping hazard or restrict access to business entryways; f) Commercial and Industrial Districts will accommodate wheelchair turnaround area when considering a sign, portable, a wheelchair requires a circle with a diameter of 1,500 mm (60.00 inches, 1.52 m) for a 180-degree turn (as per Government of Canada Public Services and Procurement - Accessibility); g) No sign, portable that advertises a business shall be placed on a road allowance, right of way or property owned by the Town of Crossfield; h) Sign, portables shall not be internally illuminated or have direct external illumination; i) Community not-for-profit organizations may be issued a sign permit approval for continuous placement of a sign, portable for periods not exceeding six months, however, where a sign, portable is located on a road allowance, right of way or property owned by the Town of Crossfield, the Development Authority may revoke the development permit on providing thirty (30) days written notice; j) Where the use or placement of a sign, portable does not comply with the Land Use Bylaw, the Development Authority may cancel a sign permit on providing written notice; k) No sign, portable shall be higher than 2.00 m (6.56 ft) above grade or larger than 3.00 m² (32.29 ft²); l) Non-compliance with these regulations may result in a fine, as outlined in Schedule B of the Community Standards Bylaw. Town of Crossfield Land Use Bylaw November 2018 91 9.2 SIGNS IN RESIDENTIAL DISTRICTS 9.2.1 Within a residential Land Use District, one (1) identification sign per site may be permitted as follows: a) the sign shall be non-illuminated and for identification purposes only; b) the sign shall not exceed 0.32 m2 (2.97 ft2) in area; and c) the sign shall not exceed 3.66 m (12.00 ft) in height. 9.3 SIGNS IN COMMERCIAL, INDUSTRIAL AND URBAN RESERVE DISTRICTS 9.3.1 Within Business Land Use Districts (excepting the Central Business District), Industrial Land Use Districts, Commercial Land Use Districts, or an Urban Reserve Land Use District, advertising, identification, or directional signs may be allowed as follows: a) fascia signs provided that the total copy area of a sign or signs shall not exceed twenty per cent (20.0%) of the face of the building or bay to which the sign is attached; b) free-standing signs provided that: i. the maximum height shall not exceed 9.14 m (30.00 ft); ii. the total sign area for each face shall not exceed 9.29 m2 (100.00 ft2); iii. a sign shall not project within 0.60 m (23.62 inches) of a property line. c) roof signs provided that: i. a sign shall appear as an architectural blade with no visible support structure; ii. no portion of a sign shall overhang the roof on which it is located; iii. the maximum area of a sign shall be 9.29 m2 (100.00 ft2); iv. the maximum height of the sign and the building to which it is attached do not exceed the maximum building height permitted for the Land Use District. d) projecting signs provided that: Town of Crossfield Land Use Bylaw November 2018 92 i. the maximum area shall be 9.29 m2 (100.00 ft2); ii. a sign shall not exceed the height of the eaveline, or the roofline; iii. a minimum of 2.44 m (8.00 ft) shall be provided between the bottom of a sign and a private sidewalk or walkway; iv. a minimum of 4.57 m (15.00 ft) shall be provided between the bottom of the sign and a lane, parking parcel or loading area; v. the structural supports and anchors have been approved by a professional structural engineer; vi. an encroachment and a hold harmless agreement between the registered owner and the Town of Crossfield is entered into if the projecting sign overhangs any abutting municipal, provincial or federal property; vii. the projection outwards from the building is no greater than 1.22 m (4.00 ft). e) Canopy or awning sign provided that: i. they are added to and form part of the principal building; ii. a minimum of 2.44 m (8.00 ft) shall be provided between the bottom of the canopy or awning and a sidewalk or walkway; iii. a minimum of 4.57 m (15.00 ft) shall be provided between the bottom of the canopy or awning sign and a lane, road, parking parcel or loading area; iv. the projection outwards from the building is no greater than 1.22 m (4.00 ft); and v. an encroachment and hold harmless agreement between the registered owner and the Town of Crossfield is entered into if the canopy or awning overhangs any abutting municipal, provincial or federal property. 9.4 SIGNS IN THE CENTRAL BUSINESS DISTRICT 9.4.1 Within the Central Business District advertising, identification, or directional signs may be allowed as follows: a) Fascia signs provided that the total copy area of a sign or signs shall not exceed twenty per cent (20%) of the face of the building or bay to which the sign is attached; b) Canopy or awning sign provided that: Town of Crossfield Land Use Bylaw November 2018 93 i. they are added to and form part of the principal building; ii. a minimum of 2.44 m (8.00 ft) shall be provided between the bottom of the canopy or awning and a sidewalk or walkway; iii. a minimum of 4.57 m (15.00 ft) shall be provided between the bottom of the canopy or awning sign and a lane, road, parking parcel or loading area; iv. the projection outwards from the building is no greater than 1.22 m (4.00 ft); and v. an encroachment and hold harmless agreement between the registered owner and the Town of Crossfield is entered into if the canopy or awning overhangs any abutting municipal, provincial or federal property. c) All portable or temporary signs within the Central Business District shall be designed and located to the satisfaction of the Development Officer or the Municipal Planning Commission and must meet the requirements as outlined in Section 9.1.9. Town of Crossfield Land Use Bylaw November 2018 94 PART 10 - PARKING AND LOADING REGULATIONS 10.1 REQUIREMENTS FOR PARKING AND LOADING 10.1.1 Unless otherwise stated in this Bylaw, parking and loading spaces shall be calculated on the basis of gross leasable floor area or based upon fire occupancy ratings where the terms patrons and seats are used. 10.1.2 The number of parking spaces required by this Bylaw shall be rounded up to the next whole number when a fractional number of 0.5 or greater occurs and rounded down when a fractional number less than 0.5 occurs. 10.1.3 Parking and loading spaces shall be provided on site in accordance with Table 10.1 - Parking and Loading Requirements. Table 10.1 - General Parking and Loading Requirements Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement A adult entertainment establishment 1.0 space per 46.45 m2 (500.00 ft2) agricultural equipment sales, service, storage and repairs 1.0 space per 92.90 m2 (1,000 ft2) 1.0 space per business alternative health care services 1.0 space per 92.90 m2 (1,000 ft2) amusement centre 1.0 space per 46.45 m2 (500.00 ft2) art, craft and photography studios 1.0 space per 46.45 m2 (500.00 ft2) auction rooms 3.0 spaces per 46.45 m2 (500.00 ft2) 1.0 space per business automobile sales and leasing 1.0 space per 92.90 m2 (1,000 ft2) 1.0 space per business automotive accessories, parts and services 1.0 space per 37.16 m2 (400 ft2) 1.0 space per business auto wreckers and salvagers 1.0 space per 46.45 m2 (500.00 ft2) Town of Crossfield Land Use Bylaw November 2018 95 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement auto body and paint shop 1.0 space per 46.45 m2 (500.00 ft2) plus 3.0 spaces per repair bay B bed and breakfast 1.0 space per guest room and 1.0 space per each employee not residing on the premises boarding house 1.0 space per sleeping accommodation billiard hall and pool room 1.0 space per 37.16 m2 (400.00 ft2) broadcasting facilities 1.0 spaces per 46.45 m2 (500.00 ft2) building supply centre 1.0 space per 92.90 m2 (1,000.00 ft2) 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space bulk fertilizer storage and distribution 1.0 space per employee bulk fuel storage and distribution 1.0 space per employee C campground 1.0 space per camp site cannabis store 1.0 space per 37.16 m2 (400.00 ft2) 1.0 space car and truck washing establishment 3.0 stacking spaces per wash bay plus 1.0 employee space cemetery 1.0 space per employee child care facility 1.0 space per employee and 1.0 space that shall be designated as a "drop off and pick up" stall Town of Crossfield Land Use Bylaw November 2018 96 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement community buildings and facilities 1.0 space per 9.29 m2 (100.00 ft2) of building area 1.0 space convenience store 1.0 space per 27.87 m2 (300.00 ft2) 1.0 space crematorium 1.0 space per employee cultural establishment 1 space per 4 seats 1.0 space D drinking establishment 1.0 space per 3 patron seats 1.0 space drive-in food services 5.0 spaces per drive up window plus 5.0 vehicle stacking spaces per drive- up window to be located on site dry cleaners and laundry 1.0 space per 92.90 m2 (1,000.00 ft2) dwelling, apartment 2.0 spaces per dwelling unit 1.0 visitor space per 6 dwelling units 1.0 space per apartment building dwelling, assisted living 1.0 space per 2.0 assisted living units dwelling, duplex 2.0 space per dwelling unit dwelling, fourplex 2.0 space per dwelling unit dwelling, long term care 1.0 space per 3.0 long term care units dwelling, secondary suite 1.0 space per dwelling unit dwelling, semi-detached 2.0 space per dwelling unit dwelling, single detached 2.0 space per dwelling unit dwelling, Townhouse 2.0 space per dwelling unit Town of Crossfield Land Use Bylaw November 2018 97 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement dwelling, triplex 2.0 space per dwelling unit E emergency services 1.0 space per employee plus 1.0 space per emergency vehicle F financial institution 1.0 space per 46.45 m2 (500 ft2) plus 1.0 space per employee fitness centre 3.0 spaces per 46.45 m2 (500.00 ft2) plus 1.0 space per employee food processing 1.0 space per 92.90 m2 (1,000.00 ft2) of building area 1.0 space per 1,858.06 m2 (20,000.00 ft2) with a minimum of 1.0 space freight terminal 1.0 space per 92.90 m2 (1,000.00 ft2) of building area or 1.0 space per 278.71 m2 (3,000.00 ft2) of site area, whichever is greater 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space funeral home 1.0 space for 3.0 seats 1.0 space G general industrial, light 1.0 space per 92.90 m2 (1,000.00 ft2) of building area 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space general industrial, medium 1.0 space per 92.90 m2 (1,000.00 ft2) of building area or 1.0 space per 278.71 m2 (3,000.00 ft2) of site area, whichever is greater 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space general industrial, heavy 1.0 space per 92.90 m2 (1,000.00 ft2) of building area or 1.0 space per 278.71 m2 (3,000.00 ft2) of site area, whichever is 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space Town of Crossfield Land Use Bylaw November 2018 98 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement greater grain elevator 1.0 space per 92.91 m2 (1,000.00 ft2) of building area 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space H heavy equipment assembly, sales, rental service, storage and repairs 1.0 space per 92.91 m2 (1,000.00 ft2) home occupation 1.0 space per employee not residing in the dwelling unit horticulture nurseries and greenhouse operations 1.0 space per 92.91 m2 (1,000.00 ft2) 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area with a minimum of 1.0 space hospital 1.5 spaces per bed 2.0 spaces hotel 1.0 space per accommodation unit 1.0 space household repair services 1.0 space per 37.16 m2 (400.00 ft2) I industrial service shop 1.0 space per 46.45 m2 (500.00 ft2) institution or institutional use 1.0 space per 9.29 m2 (100.00 ft2) of building area 1.0 space instructional facility 7.0 spaces per classroom plus 1.0 space per 10 seats in a public auditorium or gymnasium intensive agriculture At the discretion of the Development Officer. K Town of Crossfield Land Use Bylaw November 2018 99 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement kennel 1.0 spaces per 46.45 m2 (500.00 ft2) 1.0 space L laboratory 1.0 space per 46.45 m2 (500.00 ft2) laundromat 1.0 space per 46.45 m2 (500.00 ft2) library 1.0 space per 37.16 m2 (400.00 ft2) 1.0 space light equipment rental establishment 1.0 space per 92.90 m2 (1,000.00 ft2) 1.0 space per business liquor store 1.0 space per 92.90 m2 (1,000.00 ft2) 1.0 space per business lumber yard 1.0 space per 92.90 m2 (1,000.00 ft2) 1.0 space per 1,858.06 m2 (20,000.00 ft2) of building area M manufactured home 1.0 space per manufactured home dwelling unit manufactured home park 1.0 space per manufactured home dwelling unit 1.0 visitor space per 6 dwelling units 1.0 space per manufactured home park manufacturing plant 1.0 space per 56.00 m2 (602.78 ft2) 1.0 space per 1,858.06 m2 (20,000.00 ft2), minimum of one loading space required meat processing 1.0 space per 92.90 m2 (1,000.00 ft2) building area 1.0 space per 1,858.06 m2 (20,000.00 ft2) with a minimum of 1.0 space Town of Crossfield Land Use Bylaw November 2018 100 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement medical clinic 1.0 space per 37.16 m2 (400.00 ft2) medical marihuana production facility 1.0 spaces per 92.90 m2 (1,000.00 ft2) and 1.0 spaces per 37.16 m² (400.00 ft²) 1.0 spaces per 1,858.06 m² (20,000.00 ft²) motel 1.0 spaces per accommodation unit and 1.0 space per employee N natural resource and extractive industries At the discretion of the Development Officer. O office 1.0 space per 37.16 m2 (400.00 ft2) on-site residential accommodations 1.0 space per residential unit outdoor athletic/ recreational facilities 1.0 space per 18.58 m2 (200.00 ft2) of gross area outdoor café 1.0 space per 3 outdoor cafe seats P passenger terminal 1.0 spaces per 46.45 m2 (500.00 ft2) 1.0 space personal service shop 1.0 space per 37.16 m2 (400.00 ft2) prefabricated dwelling 1.0 space per dwelling unit printing establishments 1.0 space per 92.90 m2 (1,000.00 ft2) 1.0 space per business private club or organization 1.0 space per 37.16 m2 (400.00 ft2) 1.0 space Town of Crossfield Land Use Bylaw November 2018 101 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement public or quasi-public installations and facilities 1.0 space per on-site employee public utility building 1.0 space per on-site employee R recreational facility 1.0 space per 18.58 m2 (200.00 ft2) of gross floor area 1.0 space recreational vehicle sales and rentals 1.0 space per 185.81 m2 (2,000.00 ft2) of site area 1.0 space per business recycling depot 1.0 space per 46.45 m2 (500.00 ft2) 1.0 space religious institution 1.0 space per 4 seats retail food store 1.0 space per 46.45 m2 (500.00 ft2) 1.0 space retail store 1.0 space per 37.16 m2 (400.00 ft2) 1.0 space restaurant 1 space per 4 patron seats 1.0 space S school, private 7.0 spaces per classroom plus 1.0 space per 10 seats in a public auditorium or gymnasium school, public or separate 2 spaces per class for Grades 1-6 4 spaces per class for Grades 7-9 8 spaces per class for Grades 10-12 8 spaces per class for continuing or post- secondary education scrap yards 1.0 space per 46.45 m2 (500.00 ft2) of building area Town of Crossfield Land Use Bylaw November 2018 102 Use of Building or parcel Minimum Parking Space Requirement Minimum Loading Space Requirement service station 1.0 space per 46.45 m2 (500.00 ft2) plus 3 spaces per repair bay shopping centre 5.5 spaces per 92.90 m2 (1,000.00 ft2) of gross leasable floor area 2.0 spaces sidewalk cafe 1.0 space per 4 patron seats storage yard 1.0 space per 278.71 m2 (3,000.00 ft2) of building area T taxi, shuttle, or courier service business 1.0 space per 37.16 m2 (400.00 ft2) of office support floor area 1.0 space per business theatre 1.0 space per 4 patron seats 1.0 space truck terminals or trucking establishments 1.0 space per 92.90 m2 (1,000.00 ft2) or 1.0 space per 278.71 m2 (3,000.00 ft2) of site area, whichever is greater V veterinary clinic 1.0 spaces per 46.45 m2 (500.00 ft2) 1.0 space per business W warehouse, warehousing and storage facility 1.0 space per 92.90 m2 (1,000.00 ft2) or 1.0 space per 278.71 m2 (3,000.00 ft2) of site area, whichever is greater 1.0 space per 92.90 m2 (1,000.00 ft2) 10.1.4 In addition to the parking requirements as set out in Section 10.1.2, provision shall be made for one accessible parking space per 90.00 m2 (968.75 ft2) of any publicly accessible floor area (ex: retail, commercial services, professional services, community facilities, etc.). 10.1.5 Notwithstanding Section 10.1.2, the Development Officer or the Municipal Town of Crossfield Land Use Bylaw November 2018 103 Planning Commission may: a) Accept a payment in lieu of the number of on-site parking spaces deficient for a development in the Central Business District. The payment shall be based on the amount of money Council considers reasonable in lieu of the equivalent parking space to be provided by the Municipality elsewhere in the District; b) Require the developer to provide the required off-street parking on land other than that to be developed provided that: i. the alternate parking site is within 122.00 m (400.26 ft) of the site where the principal building is located or where the approved use is carried on and within the same District; ii. the alternate parking site is under the control of the developer, the developer's successors, owners or occupants and that the alternate parking site will be maintained and made available at all times in a like manner to an on-site parking space; iii. control of the alternate parking site is established to the satisfaction of the Council; iv. should the developer or the successor in title to the principal development seek the consent of the Municipality to discontinue the use of an approved alternate parking site, that developer or successor in title shall provide a substitute parking site that conforms to the criteria required for an on-site parking space; v. when the developer or the successor in title is authorized by the Municipality to provide one or more alternative parking sites, that developer or successor in title shall enter into an agreement under seal with the Municipality deposing as to these and such other relevant things as the Municipality may require and such agreement shall be in such form as may be registered and maintained on the title or titles to such lands in the Land Titles Office. 10.1.6 Any parking or loading space shall be designed, located, and constructed so that: a) it is easily accessible to the vehicle intended to be accommodated there; b) it is in conformity with the requirements as outlined in Section 10.1.11 and the stall width, angle, and depth, along with the aisle width, are indicated on the site plan; c) it is satisfactory to the Development Officer or the Municipal Planning Commission in size, shape, location, grading, and construction; d) it can be maintained; and e) it is developed and surfaced to Municipal standards. 10.1.7 A loading space shall have an area of not less than 23.00 m2 (247.58 ft2) in area, 3.50 m (37.68 ft) in width, and 3.50 m (11.48 ft) overhead clearance. Town of Crossfield Land Use Bylaw November 2018 104 10.1.8 Parking spaces for any land use other than apartments shall not be less than 2.50 m (8.20 ft) in width, 6.00 m (19.69 ft) in length, and 15.00 m2 (161.46 ft2) in area. 10.1.9 When a building is enlarged, altered, or a change in the use occurs in such a manner as to cause a more intensive use of that building, provision shall be made for the additional parking and loading spaces required under the parking provisions of this Bylaw. The calculation shall be based on the number of additional parking and loading spaces required as a result of the enlargement, alterations, or change in the use of the building. 10.1.10 Adequate curbs, concrete bumpers, or fences, shall be provided to the satisfaction of the Development Officer or the Municipal Planning Commission. 10.1.11 All on-site parking shall be provided in the manner shown on the approved site plan, with the entire area to be graded and surfaced so as to ensure that drainage will be confined to the site, and disposed of in a manner satisfactory to the Development Officer or the Municipal Planning Commission. 10.1.12 Parking spaces shall be designed and provided in accordance with Table 10.2 -Parking Stall Specification and Figure 6 - Parking. 10.1.13 Parking spaces shall not be located in the front yard of a site in any Residential District unless otherwise allowed by the Development Officer or the Municipal Planning Commission. 10.1.14 Notwithstanding Section 10.1.12, the total parking spaces required for apartment buildings shall be provided as follows: a) a minimum of seventy percent (70%) of all parking spaces shall be not less than 2.50 m (8.20 ft) in width and 6.00 m (19.69 ft) in length; and b) up to a maximum of thirty percent (30%) of all parking stalls shall not be less than 2.30 m (7.55 ft) in width and 4.40 m (14.44 ft) in length. 10.1.15 In the residential Land Use Districts, on-site parking may be provided in driveways or garages, including front driveways or garages. Town of Crossfield Land Use Bylaw November 2018 105 10.2 PARKING STALL SPECIFICATIONS Table 10.2 - General Parking Stall Specifications Width of Stall Angle of Parking Width of Aisle Depth of Stall Perpendicular to Aisle M Ft Degrees M Ft M Ft 2.50 8.20 30.00 3.50 11.48 5.10 16.73 2.50 8.20 45.00 3.50 11.48 6.00 19.68 2.50 8.20 60.00 5.50 18.05 6.40 20.99 2.50 8.20 90.00 7.00 22.97 6.00 19.68 Figure 6 - Parking Town of Crossfield Land Use Bylaw November 2018 106 PART 11 - RESIDENTIAL DISTRICTS LAND USE RULES LAND USE DISTRICT NAME ABBREVIATION RESIDENTIAL SINGLE DETACHED LARGE PARCEL DISTRICT R-1A RESIDENTIAL SINGLE DETACHED MEDIUM PARCEL DISTRICT R-1B RESIDENTIAL SINGLE DETACHED SMALL PARCEL DISTRICT R-1C RESIDENTIAL TWO DWELLING DISTRICT R-2 RESIDENTIAL TOWNHOUSE DISTRICT R-3 RESIDENTIAL APARTMENT DISTRICT R-4 RESIDENTIAL SINGLE DWELLING SECONDARY SUITE AND CARRIAGE HOUSE DISTRICT R-1SS MANUFACTURED HOME RESIDENTIAL DISTRICT MHR Town of Crossfield Land Use Bylaw November 2018 107 11.1 RESIDENTIAL SINGLE DETACHED LARGE PARCEL DISTRICT (R-1A) 11.1.1 Purpose The purpose of the Residential Single Detached Large Parcel District (R-1A) is to provide for residential development in the form of single detached dwellings on large parcels. 11.1.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - dwelling, single detached - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.1.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - child care facility - communication structures, private (accessory to the principal use) - dwelling, secondary suite - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, temporary, warning, window) 11.1.4 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the R-1A District. 11.1.5 Minimum Requirements a) parcel depth: 30.48 m (100.00 ft); b) parcel width: 15.24 m (50.00 ft); c) front yard: Town of Crossfield Land Use Bylaw November 2018 108 i. for laned parcels: no less than 4.00 m (13.12 ft) and no greater than 7.50 m (24.61 ft) ii. For parcels with front drive access: 6.10 meters (20.00 feet) from the property line and no greater than 7.50 m (24.60 ft). iii. driveways or vehicular parking shall not be permitted in the front yard of any principal building if the building is less than 6.10 m (20.00 ft) from the property line. d) side yard: i. principal buildings: o 1.52 m (5.00 ft). o 3.00 m (9.84 ft.) on the street side of a corner parcel. ii. accessory buildings: 1.00 m (3.28 ft). e) rear yard: i. principal buildings: 7.50 m (24.60 ft); ii. accessory buildings: o in laned parcels: 0.61 m (2.00 ft). o in non-laned parcels: 1.00 m (3.28 ft). 11.1.6 Maximum Requirements a) height of buildings: i. principal buildings: 13.00 m (42.65 ft); ii. accessory buildings: 4.88 m (16.00 ft). b) parcel coverage: all buildings combined maximum fifty-five per cent (55.0%) of parcel area; c) density: one (1) dwelling unit per parcel, except in the case of a dwelling, secondary suite, where the maximum will be increased to two (2) dwelling units per parcel. 11.1.7 Special Requirements a) Application requirements for infill construction in existing developments shall be in accordance with Section 4.3.1 Application requirements; b) Special Setback Requirements shall be in accordance with Section 7.2 of this Bylaw; c) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw. Town of Crossfield Land Use Bylaw November 2018 109 Figure 7 - Maximum Build Out (R-1A) Town of Crossfield Land Use Bylaw November 2018 110 11.2 RESIDENTIAL SINGLE DETACHED MEDIUM PARCEL DISTRICT (R-1B) 11.2.1 Purpose The purpose of the Residential Single Detached Medium Parcel District (R-1B) is to provide for residential development in the form of single detached dwellings on medium-sized parcels. 11.2.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - dwelling, single detached - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.2.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - child care facility - communication structures, private (accessory to the principal use) - dwelling, secondary suite - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, warning, window) 11.2.4 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the R-1B District. 11.2.5 Minimum Requirements a) parcel depth: 25.91 m (85.00 ft); b) parcel width: 12.19 m (40.00 ft); Town of Crossfield Land Use Bylaw November 2018 111 c) front yard: i. for laned parcels: no less than 3.00 m (9.84 ft) and no greater than 7.50 m (24.61 ft) ii. for parcels with front drive access: 6.10 meters (20.00 feet) from the property line and no greater than 7.50 m (24.60 ft). iii. driveways or vehicular parking shall not be permitted in the front yard of any principal building if the building is less than 6.10 m (20.00 ft) from the property line. d) side yard: i. principal buildings: o 1.37 m (4.50 ft) except: o 3.00 m (9.84 ft.) on the street side of a corner parcel. ii. accessory buildings: 0.61 m (2.00 ft). e) rear yard: i. principal buildings: 7.50 m (24.61 ft); ii. accessory buildings: o in laned parcels: 0.61 m (2.00 ft). o in non-laned parcels: 1.00 m (3.28 ft). 11.2.6 Maximum Requirements a) height of buildings: i. principal buildings: 13.00 m (42.65 ft). ii. accessory buildings: 4.88 m (16.00 ft). b) parcel coverage: all buildings combined maximum fifty-five per cent (55.0%) of parcel area; c) density: one (1) dwelling unit per parcel, except in the case of a dwelling, secondary suite, where the maximum will be increased to two (2) dwelling units per parcel. 11.2.7 Special Requirements a) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw. Town of Crossfield Land Use Bylaw November 2018 112 Figure 8 - Maximum Build Out (R-1B) Town of Crossfield Land Use Bylaw November 2018 113 11.3 RESIDENTIAL SINGLE DETACHED SMALL PARCEL DISTRICT (R-1C) 11.3.1 Purpose The purpose of the Residential Single Detached Small Parcel District (R-1C) is to provide for residential development in the form of single detached dwellings on small parcel parcels within laned subdivisions. 11.3.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - dwelling, single detached - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.3.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - child care facility - communication structures, private (accessory to the principal use) - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, temporary, warning, window 11.3.4 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the R-1C District. 11.3.5 Minimum Requirements a) lot depth: 22.86 m (75.00 ft); b) lot width: 9.14 m (30.00 ft); Town of Crossfield Land Use Bylaw November 2018 114 c) front yard: no less than 3.00 m (9.84 ft) and no greater than 6.00 m (19.68 ft); d) side yard: i. principal buildings: o 1.22 m (4.00 ft) except: o 3.00 m (9.84 ft.) on the street side of a corner parcel. ii. accessory buildings: 0.61 m (2.00 ft). e) rear yard: i. principal buildings: 6.10 m (20.00 ft); ii. accessory buildings: 0.61 m (2.00 ft). f) location of garages: must have access to a lane. 11.3.6 Maximum Requirements a) height of buildings: i. principal buildings: 13.00 m (42.65 ft); ii. accessory buildings: 4.88 m (16.00 ft). b) lot coverage: all buildings combined maximum fifty-five per cent (55.0%) of parcel area; c) density: one (1) dwelling unit per parcel; d) Overall, no more than 50% of the lots within a Plan of Subdivision in this district that contain a dwelling, single detached shall be permitted to meet all of the following criteria: i. Access to the garage is not provided by a lane, and; ii. The lot is less than 15.24 m (50.00 ft) wide. 11.3.7 Special Requirements a) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; b) Add same additional conditions as outlined in R-1A; Town of Crossfield Land Use Bylaw November 2018 115 Figure 9 - Maximum Build Out (R-1C) Town of Crossfield Land Use Bylaw November 2018 116 11.4 RESIDENTIAL TWO DWELLING DISTRICT (R-2) 11.4.1 Purpose The purpose of the Residential Two Dwelling District (R-2) is to provide for low density residential neighbourhoods comprising single detached, semi-detached and duplex dwellings. 11.4.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - dwelling, duplex - dwelling, semi-detached - dwelling, single detached - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.4.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - child care facility - communication structures, private (accessory to the principal use) - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, temporary, warning, window) 11.4.4 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the R-2 District. 11.4.5 Minimum Requirements a) lot depth: 30.48 m (100.00 ft); b) lot width: Dwellings: Town of Crossfield Land Use Bylaw November 2018 117 i. Single Detached: 15.24 m (50.00 ft.); ii. Dwelling, Semi-Detached: 7.62 m (25.00 m) per unit; iii. Dwelling, Duplex : 15.24 m (50.00 ft). c) front yard: a. for laned parcels: no less than 4.00 m (13.12 ft) and no greater than 7.50 m (24.61 ft) b. for parcels with front drive access: 6.10 meters (20.00 feet) from the property line and no greater than 7.50 m (24.60 ft). c. driveways or vehicular parking shall not be permitted in the front yard of any principal building if the building is less than 6.10 m (20.00 ft) from the property line. d) side yard: i. principal buildings: 1.52 m (5.00 ft) except: o 3.00 m (9.84 ft.) on the street side of a corner parcel. ii. accessory buildings: 1.00 m (3.30 ft). e) rear yard: i. principal buildings: 7.50 m (24.61 ft); ii. accessory buildings: o in laned parcels: 0.61 m (2.00 ft); o in non-laned parcels: 1.00 m (3.28 ft). 11.4.6 Maximum Requirements a) height of buildings: i. principal buildings (except duplexes): 13.00 m (42.65 ft); ii. duplexes: 15.00 m (49.22 ft); iii. accessory buildings: 4.88 m (16.00 ft). b) lot coverage: all buildings combined maximum fifty-five per cent (55.0%) of parcel area; c) density: i. single detached dwellings: one (1) dwelling unit per parcel; ii. all other dwelling units: two (2) dwelling units per parcel. Town of Crossfield Land Use Bylaw November 2018 118 11.4.7 Special Requirements a) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; b) Add same additional conditions as outlined in R-1A. Figure 10 - Maximum Build Out (R-2) Town of Crossfield Land Use Bylaw November 2018 119 11.5 RESIDENTIAL TOWNHOUSE DISTRICT (R-3) 11.5.1 Purpose The purpose of the Residential Townhouse District (R-3) is to provide for townhouses and similar forms of residential development within laned subdivisions, with separate entrances at grade for all residential units. 11.5.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - dwelling, duplex - dwelling, semi-detached - dwelling, single detached - dwelling, townhouse - dwelling. triplex - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.5.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - child care facility - communication structures, private (accessory to the principal use) - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, temporary, warning, window) 11.5.4 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the R-3 District. Town of Crossfield Land Use Bylaw November 2018 120 11.5.5 Minimum Requirements a) parcel depth: 30.48 m (100.00 ft); b) parcel width: i. for all single detached dwellings, 9.14 m (30.00 ft); ii. for all dwelling groups, 4.5 m per dwelling unit plus an additional 3.00 m (9.48 ft) for each completely attached dwelling group; c) front yard: no less than 3.0 m (9.84 ft) and no greater than 6.0 m (19.69 ft). d) side yard: i. principal buildings: 1.52 m (5.00 ft) except: o 3.00 m (9.84 ft) on the street side of a corner parcel. ii. accessory buildings: 1.00 m (3.28 ft). e) rear yard: i. principal buildings: 8.0 m (26.25 ft); ii. accessory buildings: 0.61 m (2.00 ft). f) location of garages: must have access to a lane. 11.5.6 Maximum Requirements g) height of buildings: i. principal buildings: 13.00 m (42.65 ft); ii. accessory buildings: 4.88 m (16.00 ft). h) parcel coverage: all buildings combined maximum sixty-five per cent (65.0%) of parcel area; i) density: i. single detached dwelling units: one (1) dwelling unit per parcel; ii. semi-detached and duplex dwelling units: two (2) dwelling units per parcel; iii. all dwelling groups with three (3) or more dwelling units: sixty (60) units per net hectare or twenty-four (24) units per net acre; Town of Crossfield Land Use Bylaw November 2018 121 11.5.7 Special Requirements a) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw. b) At least one dwelling unit in each dwelling group with three (3) or more dwelling units shall provide barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; c) Add same additional conditions as outlined in R-1. Town of Crossfield Land Use Bylaw November 2018 122 11.6 RESIDENTIAL APARTMENT DISTRICT (R-4) 11.6.1 Purpose The purpose of the Residential Apartment District (R-4) is to provide for multi-unit residential development in a variety of forms. 11.6.2 Permitted Uses - accessory buildings - accessory uses - amenity areas - community buildings and facilities - dwelling, duplex - dwelling, fourplex - dwelling, semi-detached - dwelling, single detached - dwelling, townhouse - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.6.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - child care facility - communication structures, private (accessory to the principal use) - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, temporary, warning, window) 11.6.4 Discretionary Uses (Municipal Planning Commission) - alternative health care services - boarding house - convenience store - dwelling, apartment - dwelling, assisted living Town of Crossfield Land Use Bylaw November 2018 123 - dwelling, long term care - institution or institutional use - laundromat - medical clinic - mixed use residential development - office support services - off-street parking - outdoor retail display - parking lot - personal service shops - private club or organization - recreation facilities - restaurant - signs (advertising, awning, canopy, fascia, projecting, wall) 11.6.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the R-4 District. 11.6.6 Minimum Requirements a) parcel depth: 30.48 m (100.00 ft); b) parcel width: i. apartments, triplex, and fourplex dwelling groups: 22.86 m (75.00 ft), ii. all other uses at the discretion of the Development Officer or Municipal Planning Commission. c) front yard: except as otherwise provided in this Bylaw, front yards shall be at the discretion of the Development Officer or the Municipal Planning Commission, who shall consider development or potential development on adjacent sites and the amenities of the area, in addition to the following: i. no less than 3.00 m (9.84 ft) and no greater than 6.00 m (19.69 ft), although front yards of principal buildings may be varied in order to maximize the visual amenity of the land use District; ii. exceptions to Section 11.6.6 c) may be considered by the Development officer or the Municipal Planning Commission if in their opinion the irregular or unusual shape of the parcel is such that compliance with Section 11.4.6 c) would make it impossible, impractical, or undesirable to place the principal building on the site and still comply with the front, side and rear yard requirements of this Bylaw. d) side yard: Town of Crossfield Land Use Bylaw November 2018 124 i. principal buildings: o street side of a corner site: 3.00 m (9.84 ft); o for principal buildings over 9.14 m (30.00 ft) in height, a building height to side yard ratio of 3 to 1 shall be required; o all other sites: 1.52 m (5.00 ft); ii. accessory buildings: o street side of a corner site: 3.00 m (9.84 ft); o all other sites: 0.61 m (2.00 ft) for accessory building elevations without windows or doors and 0.91 m (3.0 ft) for accessory building elevations with windows or doors. e) rear yard: i. principal buildings: 8.00 m (26.25 ft); ii. accessory buildings: 0.61 m (2.00 ft). 11.6.7 Maximum Requirements a) height of buildings: i. principal apartment buildings: 25.00 m (82.02 ft); ii. principal buildings except apartment buildings: 13.00 m (42.65 ft); iii. accessory buildings: 4.6 m (16.00 ft). b) lot coverage: all buildings combined maximum sixty-five per cent (65.0%) of parcel area; c) density: i. single detached dwelling units: one (1) dwelling unit per parcel; ii. semi-detached and duplex dwelling units: two (2) dwelling units per parcel; iii. all dwelling groups except apartment buildings with three (3) or more dwelling units: sixty (60) units per net hectare or twenty-four (24) units per net acre; iv. apartment buildings: two hundred (200) units per net hectare or eighty (80) units per net acre. 11.6.8 Special Requirements a) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; Town of Crossfield Land Use Bylaw November 2018 125 b) Private amenity areas (i.e., decks or balconies) or communal amenity areas shall be provided for all apartments at an overall ratio of 5.0 m2 (53.8 ft2) of private or communal amenity area per apartment dwelling unit; c) For all dwelling groups: i. dwelling units must be separated by 15.00 m (49.21 ft) where windows facing one another relate to living rooms, dining rooms, and bedrooms; ii. the arrangement of the buildings in a dwelling group is subject to the approval of the Development Officer or the Municipal Planning Commission; and iii. notwithstanding Section 7.12, more than one (1) residential building may be erected on a parcel, provided that all residential buildings, when erected on the parcel, form a dwelling group. d) Parking and building orientation: i. parking areas must not be located between the principal building and the front property line; and ii. principal buildings shall be oriented toward adjacent streets and avenues. e) At least one dwelling unit in each dwelling group with three (3) or more dwelling units shall provide barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites. Town of Crossfield Land Use Bylaw November 2018 126 11.7 RESIDENTIAL SINGLE DWELLING SECONDARY SUITE AND CARRIAGE HOUSE DISTRICT (R-1SS) 11.7.1 Purpose The purpose and intent of the Residential Single Dwelling Carriage House is to provide for residential development in the form of a single-detached dwelling that may be accompanied by a carriage house on a laned parcel. 11.7.2 General Requirements In addition to the general land use regulations contained within the Residential Land Use Districts the following regulations shall apply to every development in the district. 11.7.3 Permitted Uses: - accessory buildings - accessory uses - community buildings and facilities - dwelling, single detached - emergency services - home office - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.7.4 Discretionary Uses: - bed and breakfast - building, temporary - carriage house - child care facility - communication structures, private (accessory to the principal use) - dwelling, secondary suite - general agriculture - home occupation - prefabricated dwelling - religious institution - school, private - school, public or separate - signs (directional, identification, portable, temporary, warning, window) 11.7.5 Special Requirements: Carriage houses shall comply with the following regulations: Town of Crossfield Land Use Bylaw November 2018 127 a) A maximum of one (1) carriage house is permitted on a parcel. b) Where there is a carriage house, one (1) additional parking space shall be provided on the parcel. Setbacks and other requirements listed in this district apply to the provision of this additional parking space. c) A single family dwelling with a carriage house shall not have a home occupation, bed and breakfast, or child care facility. d) A carriage house must be built above a rear yard detached garage or parking structure. Besides this parking structure or garage upon which the carriage house is built, a carriage house shall be the only accessory building allowed on a parcel. e) A carriage house shall be located on the same parcel as the single family dwelling and shall not be subdivided or stratified. Carriage houses on parcels with other forms of housing like semi-detached or duplex dwellings shall not be allowed. f) Unless otherwise specified the height, parcel coverage and rear yard setback regulations for accessory buildings in the R-1CH Zone shall apply to a carriage house. g) Interior and exterior side yard setback regulations for principal buildings in the R-1CH Zone shall apply to a carriage house. h) Parking for a carriage house shall be located in the rear yard with access from the lane. i) A carriage house must provide a minimum 1.2 meter illuminated pathway between the fronting street and the carriage house. Lighting must be directed as to not shine on adjacent parcels. j) A carriage house must consist of a bedroom(s), bathroom, and kitchen developed to Alberta Building Code standards, which are physically separated from those of the principle dwelling. 11.7.6 Minimum Requirements f) parcel depth: 30.48 m (100.00 ft); g) parcel width: 12.19 m (40.00 ft); a. All lots located on curves or cul-de-sacs shall have a minimum site width at the front of the parcel of 6.10 m (20.0 ft). h) front yard: no less than 4.00 m (13.12 ft) and no greater than 7.62 m (25.00 ft) i) side yard: Town of Crossfield Land Use Bylaw November 2018 128 iii. principal buildings: o 1.37 m (4.50 ft) except: o 3.00 m (9.84 ft.) on the street side of a corner parcel. j) rear yard: iv. principal buildings: 7.62 m (25.00 ft); v. accessory buildings: 0.61 m (2.00 ft). k) location of garages: must have access to a lane. l) A carriage house shall be a minimum of 4 m (13.1ft) from the principal dwelling unit. m) The maximum floor area of a carriage house shall be 70 m2 (753.5 ft2). n) In new subdivisions, all lanes within this District shall be paved. 11.7.7 Maximum Requirements: a) height of principal buildings: i. Principal buildings 10.0 m (32.8 ft) ii. Accessory buildings (excluding carriage house): 4.88 m (16.0 ft) iii. Carriage house: 9.00 m (29.5 ft) or the height of the principal building, whichever is lower. b) density: one (1) dwelling unit per lot, except in cases of either a secondary suite or carriage house, where the maximum will be increased to two (2) dwelling units per lot. c) lot coverage: all buildings shall have a combined lot coverage not greater than 55%. Town of Crossfield Land Use Bylaw November 2018 129 11.8 MANUFACTURED HOME RESIDENTIAL DISTRICT (MHR) 11.8.1 Purpose The purpose of the Manufactured Home Residential District (MHR) is to provide for a residential neighbourhood in which manufactured homes are accommodated in manufactured home parks on an individual site basis with permanent or semi-permanent foundations and individual service connections. 11.8.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - emergency services - home office - manufactured home - manufactured home park - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 11.8.3 Discretionary Uses (Development Officer) - general agriculture - home occupation - signs (directional, identification, portable, temporary, warning, window) 11.8.4 Discretionary Uses (Municipal Planning Commission) - child care facility - laundromat 11.8.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the MHR District. Town of Crossfield Land Use Bylaw November 2018 130 11.8.6 Minimum Requirements a) parcel area: i. minimum parcel area for a manufactured home park: 8.00 hectares (19.77 acres); ii. minimum parcel area for an individual manufactured home: 270.00 m2 (2,906.26 ft2); iii. minimum parcel area for all other uses: at the discretion of the Development Officer or the Municipal Planning Commission. b) parcel width: i. minimum parcel width for an individual manufactured home: 9.80 m (32.15 ft); ii. all other uses: at the discretion of the Development Officer or the Municipal Planning Commission. c) yards: i. all yards surrounding manufactured home park: 3.00 m (9.84 ft) for all yards around the periphery of the manufactured home park; ii. front yards for individual manufactured homes: 3.00 m (9.80 ft) for each individual manufactured home; iii. side yards for individual manufactured homes: 1.20 m (3.94 ft) for each individual manufactured home; iv. rear yards for individual manufactured homes: 3.00 m (9.80 ft) for each individual manufactured home; v. all other uses: at the discretion of the Development Officer or the Municipal Planning Commission. d) location of all garages, carports, off-street parking, and parking parcel parcels: at the discretion of the Development Officer or the Municipal Planning Commission. 11.8.7 Maximum Requirements a) maximum parcel area for a manufactured home park: 16.00 hectares (39.54 acres); b) height of buildings: i. principal buildings (manufactured homes): 6.10 m (20.00 ft); ii. accessory buildings: 4.88 m (16.00 ft). c) maximum parcel coverage for a manufactured home park: forty-five percent (45.0%) of total manufactured home park area; d) density: at the discretion of the Development Officer or the Municipal Planning Commission. Town of Crossfield Land Use Bylaw November 2018 131 11.8.8 Special Requirements a) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; b) Fencing around the perimeter of the manufactured home park shall be provided at the discretion of the Development Officer or the Municipal Planning Commission; c) All individual manufactured homes must: i. be fixed to a permanent foundation or blocked and anchored on the parcel ii. be skirted iii. have the hitch removed or skirted iv. be installed on a concrete or asphalt pad Town of Crossfield Land Use Bylaw November 2018 132 PART 12 - BUSINESS AND COMMERCIAL DISTRICTS LAND USE RULES LAND USE DISTRICT NAME ABBREVIATION CENTRAL BUSINESS DISTRICT CBD WEST DOWNTOWN BUSINESS DISTRICT WBD ELEVATOR ROAD BUSINESS DISTRICT EBD NEIGHBOURHOOD COMMERCIAL DISTRICT C-1 GATEWAY AND ENTRANCE BUSINESS DISTRICT C-2 GREENFIELD COMMERCIAL BUSINESS DISTRICT C-3 Town of Crossfield Land Use Bylaw November 2018 133 12.1 CENTRAL BUSINESS DISTRICT (CBD) 12.1.1 Purpose The purpose of the Central Business District (CBD) is to provide for business, retail, and mixed-use developments in a pedestrian-oriented environment that functions as the primary business and retail service centre for the Town of Crossfield and surrounding communities. 12.1.2 Permitted Uses - accessory buildings - accessory uses - art, craft and photography studio - community buildings and facilities - emergency services - financial institution - home office - office - office support services - on-site residential accommodations - park - playground - public or quasi-public installations and facilities - public utilities - public utility building 12.1.3 Discretionary Uses (Development Officer) - alternative health care services - amusement centre - auction rooms - bed and breakfast - billiard hall and pool room - broadcasting facilities - cannabis store - car and truck washing establishment - child care facility - communication structures (public or private) - convenience store - cultural establishment - drinking establishment - dry cleaners and laundry - dwelling, apartment - dwelling, assisted living - dwelling, long term care - funeral home Town of Crossfield Land Use Bylaw November 2018 134 - home occupation - hotel - household repair services - institution or institutional use - instructional facility - laboratory - laundromat - library - light equipment rental establishment - liquor store - market - market - medical clinic - mixed use residential development - mobile and temporary food vendor - mobile and temporary sales and services - motel - outdoor cafe - outdoor retail display - parking lot - passenger terminal - personal service shops - printing establishments - private club or organization - recreation facility - recycling depot - religious institution - restaurant - retail food store - retail store - service station - sidewalk cafe - signs (advertising, awning, canopy, directional, fascia, identification, portable, projecting, temporary, wall, warning, window) - taxi, shuttle, or courier service business - theatre - veterinary clinic 12.1.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 12.1.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 12.1.5 General Requirements Town of Crossfield Land Use Bylaw November 2018 135 The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the CBD District. 12.1.6 Minimum Requirements a) parcel area: 255.48 m2 (2,750.00 ft2); b) parcel width: 7.62 m (25.00 ft); c) front yard (except as required in Section 9.2): 0.31 m (1.00 ft); d) rear yard: 0.61 m (2.00 ft); e) side yards: at the discretion of the Development Officer. 12.1.7 Maximum Requirements a) height of buildings: i. for all structures within 12.00 m (39.37 ft) of the front property line adjacent to Railway Street: 20.00 m (65.62 ft); ii. for all structures further than 12.00 m (39.37 ft) from the front property line adjacent to Railway Street: 33.00 m (108.27 ft). 12.1.8 Special Requirements a) The public entrances to all commercial buildings must face the front property line shared with the street; b) Where corner parcels share a property line with a lane, such corner parcels may have vehicle access from either the lane or the street, but not from both the lane and the street; c) Parking stalls and loading stalls must not be located between any commercial building and the front property line shared with the street; d) All parking areas on site must be connected to building entrances on site via sidewalks; e) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; f) Forty per cent (40%) of all front building façade areas must be provided as transparent windows, doors or other treatments that allow visibility into the building; g) Those portions of front building façades not consisting of windows or doors must be limited to a maximum horizontal length of 6.00 m (19.69 ft); h) All canopies, awnings, and projecting signs: Town of Crossfield Land Use Bylaw November 2018 136 i. must be approved by the Development Officer through a development permit; ii. must have a minimum vertical clearance of 3.00 m (9.84 ft) between grade and the bottom of the canopy or awning; iii. must have a minimum horizontal clearance of 0.90 m (2.95 ft) between the edge of the curb and the furthest projecting edge of the canopy or awning; iv. shall be subject to encroachment agreements with the Town of Crossfield if they project across the front property line; v. All development in the CBD, including exterior finishing materials, must be designed in accordance with the Downtown and Entrance Area Redevelopment Plan; vi. Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw and the policies included in the Crossfield Downtown and Entrance Action Plan (Area Redevelopment Plan); vii. All development in the CBD shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; and viii. All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment. Town of Crossfield Land Use Bylaw November 2018 137 12.2 WEST DOWNTOWN BUSINESS DISTRICT (WBD) 12.2.1 Purpose The purpose of the West Downtown Business District (WBD) is to provide for business, retail, and mixed-use developments in a pedestrian-oriented environment that serves as a transition area between the Central Business District (CBD) and other adjacent Residential Districts. 12.2.2 Permitted Uses - accessory buildings - accessory uses - art, craft and photography studios - dwelling, duplex - dwelling, semi-detached - dwelling, single detached - emergency services - home office - office - office support services - on-site residential accommodations - outdoor retail display - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 12.2.3 Discretionary Uses (Development Officer) - alternative health care services - bed and breakfast - child care facility - community buildings and facilities - cultural establishment - dwelling, apartment - dwelling, assisted living - dwelling, fourplex - dwelling, long term care - dwelling, townhouse - dwelling, triplex - financial institution - home occupation household repair services - institution or institutional use - instructional facility - laundromat Town of Crossfield Land Use Bylaw November 2018 138 - library - market - medical clinic - mixed use residential development - mobile and temporary food vendor - mobile and temporary sales and services - personal service shops - private club or organization - religious institution - restaurant - retail store - signs (advertising, awning, canopy, directional, fascia, identification, portable, projecting, temporary, wall, warning, window) - taxi, shuttle, or courier service business - veterinary clinic 12.2.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 12.2.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 12.2.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the WBD District. 12.2.6 Minimum Requirements a) lot depth: 22.86 m (75.0 ft); b) lot width: 10.67 m (35.00 ft); c) front yard: 6.10 meters (20.00 feet) ; d) side yard: i. principal buildings: 1.37 m (4.50 ft) except: a) 3.00 m (9.84 ft) on the street side of a corner parcel; ii. accessory buildings: 0.61 m (2.00 ft). e) rear yard: i. principal buildings: 7.62 m (25.00 ft); ii. accessory buildings: o in laned parcels: 0.61 m (2.00 ft); o in non-laned parcels: 1.00 m (3.28 ft). Town of Crossfield Land Use Bylaw November 2018 139 12.2.7 Maximum Requirements a) height of buildings: 12.19 m (40.00 ft). 12.2.8 Special Requirements a) The public entrances to all commercial buildings must face the front property line shared with the street; b) Where corner parcels share a property line with a lane, such corner parcels may have vehicle access from either the lane or the street, but not from both the lane and the street; c) Parking stalls and loading stalls must not be located between any commercial building and the front property line shared with the street; d) In addition to the requirements of Section 10.1 of this Bylaw, parking stalls shall be set back a minimum of 3.0 m (9.84 ft) from any adjacent Residential District; e) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; f) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; g) All development in the WBD, including exterior finishing materials, must be designed in accordance with the Downtown and Entrance Area Redevelopment Plan; h) All development in the WBD shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; i) Outdoor storage shall not be allowed on any site within the WBD. Town of Crossfield Land Use Bylaw November 2018 140 12.3 ELEVATOR ROAD BUSINESS DISTRICT (EBD) 12.3.1 Purpose The purpose of the Elevator Road Business District (EBD) is to provide for business and retail developments that create a high-quality entranceway into the centre of Crossfield. 12.3.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - emergency services - office - office support services - on-site residential accommodations - park - public or quasi-public installations and facilities - public utilities - public utility buildings 12.3.3 Discretionary Uses (Development Officer) - alternative health care services - amusement centre - art, craft and photography studios - auction rooms - billiard hall and pool room - broadcasting facilities - car and truck washing establishment - communication structures (public or private) - convenience store - cultural establishment - drinking establishment - drive-in food services - dry cleaners and laundry - financial institution - fitness centre - funeral home - grain elevator - hotel - household repair services - institution or institutional use - instructional facility - laboratory - laundromat - library Town of Crossfield Land Use Bylaw November 2018 141 - liquor store - market - medical clinic - mobile and temporary food vendor - mobile and temporary sales and services - motel - outdoor retail display - parking lot - passenger terminal - personal service shops - printing establishments - private club or organization - recreation facility - religious institution - restaurant - retail food store - retail store - service station - signs (advertising, awning, canopy, directional, fascia, identification, portable, projecting, temporary, wall, warning, window) - taxi, shuttle, or courier service business - theatre - veterinary clinic 12.3.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 12.3.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 12.3.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the EBD District. 12.3.6 Minimum Requirements a) parcel area: 55.48 m2 (2,750.00 ft2); b) parcel width: 7.62 m (25.00 ft); c) front yard (except as required in Section 7.2): 0.305 m (1.00 ft); d) rear yard: 0.61 m (2.00 ft); e) side yards as required in Section 7.2. 12.3.7 Maximum Requirements a) height of buildings: 48.00 m (157.48 ft). Town of Crossfield Land Use Bylaw November 2018 142 12.3.8 Special Requirements a) The public entrances to all commercial buildings must face the front property line shared with the street; b) Where corner parcels share a property line with a lane, such corner parcels may have vehicle access from either the lane or the street, but not from both the lane and the street; c) Parking stalls and loading stalls must not be located between any commercial building and the front property line shared with the street; d) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; e) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; f) All development in the EBD, including exterior finishing materials, must be designed in accordance with the Downtown and Entrance Area Redevelopment Plan; g) All development in the EBD shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; h) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment; i) Outdoor storage shall not be allowed on any site within the EBD. Town of Crossfield Land Use Bylaw November 2018 143 12.4 NEIGHBOURHOOD COMMERCIAL DISTRICT (C-1) 12.4.1 Purpose The purpose of the Neighbourhood Commercial District (C-1) is to provide for small-scale local commercial development that serves the business, personal service, commercial amenity, and retail needs of local residential neighbourhoods. 12.4.2 Permitted Uses - accessory buildings - accessory uses - art, craft and photography studios - community buildings and facilities - emergency services - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 12.4.3 Discretionary Uses (Development Officer) - alternative health care services - car and truck washing establishment - child care facility - convenience store - cultural establishment - drinking establishment - dry cleaners and laundry - dwelling, apartment - dwelling, townhouse - financial institution - household repair services - institution or institutional use - instructional facility - laundromat - library - liquor store - medical clinic - mixed use residential development - office - office support services - on-site residential accommodations - outdoor café - outdoor retail display - parking lot Town of Crossfield Land Use Bylaw November 2018 144 - personal service shops - printing establishments - private club or organization - restaurant - retail food store - retail store - service station - signs (advertising, awning, canopy, directional, fascia, identification, portable, projecting, temporary, wall, warning, window) - theatre 12.4.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 12.4.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 12.4.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the C-1 District. 12.4.6 Minimum Requirements a) parcel depth: 27.00 m (88.58 ft); b) parcel width: 30.00 m (98.43 ft); c) front yard: no less than 4.0 m (13.12 ft) and no greater than 7.50 m (24.61 ft); d) side yard: i. principal buildings: 2.50 m (8.20 ft); ii. accessory buildings: 1.00 m (3.28 ft). e) rear yard: i. principal buildings: 4.00 m (13.12 ft); ii. accessory buildings: 0.61 m (2.00 ft). 12.4.7 Maximum Requirements a) parcel area: 1.21 hectares (3.00 acres); b) parcel coverage: all buildings combined maximum sixty-five per cent (65.0%) of parcel area; c) height of buildings: Town of Crossfield Land Use Bylaw November 2018 145 i. principal buildings: 13.00 m (42.65 ft); ii. accessory buildings: 4.6 m (15.09 ft). 12.4.8 Special Requirements a) The maximum gross floor area for a convenience store shall be 465.00 m2 (5,005.22 ft2); b) The public entrances to all commercial buildings must face the front property line shared with the street; c) Where corner parcels share a property line with a lane, such corner parcels may have vehicle access from either the lane or the street, but not from both the lane and the street; d) Parking stalls and loading stalls must not be located between any commercial building and the front property line shared with the street; e) In addition to the requirements of Section 10.1 of this Bylaw, parking stalls shall be set back a minimum of 3.00 m (9.84 ft) from any adjacent Residential District; f) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; g) In addition to the requirements of Section 7.4 of this Bylaw, garbage containers and enclosures shall be set back a minimum of 3.00 m (9.84 ft) from any adjacent Residential District; h) Fencing around the perimeter of commercial development sites shall be provided at the discretion of the Development Officer or the Municipal Planning Commission; i) All development in the C-1 District shall provide at least one provide barrier- free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; j) All canopies, awnings, and projecting signs: i. must be approved by the Development Officer through a development permit; ii. must have a minimum vertical clearance of 3.00 m (9.84 ft) between grade and the bottom of the canopy or awning; and iii. must have a minimum horizontal clearance of 0.90 m (2.95 ft) between the edge of the curb and the furthest projecting edge of the canopy or awning. k) Outdoor storage shall not be allowed on any site within the C-1 District. Town of Crossfield Land Use Bylaw November 2018 146 12.5 GATEWAY AND ENTRANCE BUSINESS DISTRICT (C-2) 12.5.1 Purpose The purpose of the Gateway and Entrance Business District (C-2) is to provide for business, retail, and mixed-use developments in a pedestrian-oriented environment that creates a high-quality entranceway into the centre of Crossfield. 12.5.2 Permitted Uses - accessory buildings - accessory uses - art, craft and photography studios - community buildings and facilities - emergency services - financial institution - office - office support services - on-site residential accommodations - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 12.5.3 Discretionary Uses (Development Officer) - alternative health care services - amusement centre - auction rooms - automobile sales and leasing - automotive accessories, parts and services - billiard hall and pool room - broadcasting facilities - cannabis store - car and truck washing establishment - child care facility - communication structures (public or private) - convenience store - cultural establishment - drinking establishment - drive-in food services - dry cleaners and laundry - dwelling, apartment - dwelling, assisted living - dwelling, long term care - dwelling, townhouse (Bylaw 2016-13) Town of Crossfield Land Use Bylaw November 2018 147 - funeral home - general agriculture - home occupation - home office - hotel - household repair services - institution or institutional use - instructional facility - laboratory - laundromat - library - light equipment rental establishment - liquor store - market - medical clinic - mixed use residential development - mobile and temporary food vendor - mobile and temporary sales and services - motel - outdoor cafe - outdoor retail display - parking lot - passenger terminal - personal service shops - printing establishments - private club or organization - recreation facility - recycling depot - religious institution - restaurant - retail food store - retail store - service station - signs (advertising, awning, canopy, directional, fascia, identification, portable, projecting, temporary, wall, warning, window) - taxi, shuttle, or courier service business - theatre - veterinary clinic 12.5.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 12.5.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. Town of Crossfield Land Use Bylaw November 2018 148 12.5.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the C-2 District. 12.5.6 Minimum Requirements a) parcel area: 255.48 m2 (2,750.00 ft2); b) parcel width: 7.62 m (25.00 ft); c) front yard (except as required in Section 7.2): 0.31 m (1.00 ft); d) rear yard: 0.61 m (2.00 ft); e) side yards as required in Section 7.2. 12.5.7 Maximum Requirements a) height of buildings: i. for all structures within 12.00 m (39.37 ft) of the front property line: 20.00 m (65.62 ft); ii. for all structures further than 12.00 m (39.37 ft) from the front property line: 33.00 m (108.26 ft). 12.5.8 Special Requirements a) The public entrances to all commercial buildings must face the front property line shared with the street; b) Where corner parcels share a property line with a lane, such corner parcels may have vehicle access from either the lane or the street, but not from both the lane and the street; c) Parking stalls and loading stalls must not be located between any commercial building and the front property line shared with the street; d) All parking areas on site must be connected to building entrances on site via sidewalks; e) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; f) 40% of all front building façade areas must be provided as transparent windows, doors or other treatments that allow visibility into the building; g) Those portions of front building façades not consisting of windows or doors must be limited to a maximum horizontal length of 6.00 m (19.69 ft); h) All canopies, awnings, and projecting signs: Town of Crossfield Land Use Bylaw November 2018 149 i. must be approved by the Development Officer through a development permit; ii. must have a minimum vertical clearance of 3.00 m (9.84 ft) between grade and the bottom of the canopy or awning; iii. must have a minimum horizontal clearance of 0.90 m (2.95 ft) between the edge of the curb and the furthest projecting edge of the canopy or awning; and iv. shall be subject to encroachment agreements with the Town of Crossfield if they project across the front property line. i) All development and landscaping in the C-2 District, including exterior finishing materials and plantings, must be designed in accordance with the Downtown and Entrance Area Redevelopment Plan; j) All development in the C-2 District shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; k) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment; l) Outdoor storage shall not be allowed on any site within the C-2 District. Town of Crossfield Land Use Bylaw November 2018 150 12.6 GREENFIELD COMMERCIAL BUSINESS DISTRICT (C-3) 12.6.1 Purpose The purpose of the Greenfield Commercial Business District (C-3) is to provide for business and retail developments that contribute significant employment and economic development opportunities in high-quality business park settings. 12.6.2 Permitted Uses - accessory buildings - accessory uses - art, craft and photography studios - community buildings and facilities - emergency services - financial institution - office - office support services - park - public or quasi-public installations and facilities - public utilities - public utility buildings 12.6.3 Discretionary Uses (Development Officer) - adult entertainment establishment - agricultural equipment sales, service, storage and repairs - alternative health care services - amusement centre - auction rooms - automobile sales and leasing - automotive accessories, parts and services - billboard - billiard hall and pool room - broadcasting facilities - building supply centre - car and truck washing establishment - child care facility - communication structures (public or private) - convenience store - cultural establishment - drinking establishment - drive-in food services - dry cleaners and laundry - fitness centre - funeral home Town of Crossfield Land Use Bylaw November 2018 151 - general agriculture - horticulture nurseries and greenhouse operations - hotel - household repair services - institution or institutional use - instructional facility - intensive agriculture - kennel - laboratory - laundromat - library - light equipment rental establishment - liquor store - market - medical clinic - mobile and temporary food vendor - mobile and temporary sales and services - motel - on-site residential accommodations - outdoor athletic / recreational facilities - outdoor cafe - outdoor retail display - park, private - parking - parking parcel - passenger terminal - personal service shops - printing establishments - private club or organization - recreation facility - religious institution - restaurant - retail food store - retail store - school, private - school, public or separate - service station - shopping centre - signs (advertising, awning, canopy, directional, fascia, freestanding, identification, portable, projecting, temporary, third party advertising, wall, warning, window) - taxi, shuttle, or courier service business - theatre - veterinary clinic 12.6.4 Discretionary Uses (Municipal Planning Commission) Town of Crossfield Land Use Bylaw November 2018 152 The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 12.6.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 12.6.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the C-3 District. 12.6.6 Minimum Requirements a) parcel area: i. 255.48 m2 (2,750.00 ft2). b) parcel width: ii. 7.62 m (25.00 ft). c) front yard (except as required in Section 7.2): 0.31 m (1.00 ft); d) rear yard: 0.61 m (2.00 ft); e) side yards as required in Section 7.2. 12.6.7 Maximum Requirements a) height of buildings: 15.25 m (50.00 ft). 12.6.8 Special Requirements a) The public entrances to all commercial buildings must face the front property line shared with the street; b) Parking stalls and loading stalls must not be located between any building and the property line shared with Highway 2A; c) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; d) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with Highway 2A shall be landscaped; e) All Town-owned boulevards parcel must be landscaped in accordance with the plans approved by the Development Officer or the Municipal Planning Commission; f) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; Town of Crossfield Land Use Bylaw November 2018 153 g) All development in the C-3 District, including exterior finishing materials, must be designed in accordance with the DownTown and Entrance Area Redevelopment Plan; h) All development in the C-3 District shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; i) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment; j) Outdoor storage shall not be allowed on any site within the C-3 District. Town of Crossfield Land Use Bylaw November 2018 154 PART 13 - INDUSTRIAL DISTRICTS LAND USE RULES LAND USE DISTRICT NAME ABBREVIATION LIGHT INDUSTRIAL AND COMMERCIAL DISTRICT I-1 MEDIUM INDUSTRIAL DISTRICT I-2 HEAVY INDUSTRIAL DISTRICT I-3 Town of Crossfield Land Use Bylaw November 2018 155 13.1 LIGHT INDUSTRIAL AND COMMERCIAL DISTRICT (I-1) 13.1.1 Purpose The purpose of the Light Industrial and Commercial District (I-1) is to provide for commercial or industrial uses in prominent locations along major highways or close to non- industrial Districts, which are designed and developed to a high standard in order to mitigate impacts on nearby Districts and to create positive first visual impressions of Crossfield. 13.1.2 Permitted Uses - accessory buildings - accessory uses - art, craft and photography studios - emergency services - financial institution - office - office support services - park - public utilities - public utility buildings 13.1.3 Discretionary Uses (Development Officer) - adult entertainment establishment - agricultural equipment sales, service, storage and repairs - alternative health care services - amusement centre - auction rooms - auto body and paint shop - automobile sales and leasing - automotive accessories, parts and services - billboard - broadcasting facilities - building supply centre - car and truck washing establishment - communication structures (public or private) - convenience store - cultural establishment - drinking establishment - drive-in food services - dry cleaners and laundry - fitness centre - funeral home - general agriculture - general industrial, light Town of Crossfield Land Use Bylaw November 2018 156 - horticulture nurseries and greenhouse operations - hotel - household repair services - institution or institutional use - instructional facility - kennel - laboratory - laundromat - light equipment rental establishment - liquor store - manufacturing plant - market - medical clinic - mobile and temporary food vendor - mobile and temporary sales and services - motel - on-site residential accommodations - outdoor athletic / recreational facilities - outdoor cafe - outdoor retail display - parking lot - passenger terminal - printing establishments - private club or organization - public or quasi-public installations and facilities - recreation facility - recreational vehicle sales and rentals - recycling depot - religious institution - restaurant - retail food store - retail store - service station - shopping centre - signs (advertising, awning, canopy, directional, fascia, freestanding, identification, portable, projecting, temporary, third party advertising, wall, warning, window) - taxi, shuttle, or courier service business - theatre - veterinary clinic 13.1.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 13.1.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. Town of Crossfield Land Use Bylaw November 2018 157 13.1.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the I-1 District. 13.1.6 Minimum Requirements a) lot area: 255.48 m2 (2,750.00 ft2); b) lot width: 7.62 m (25.00 ft); c) front yard (except as required in Section 7.2): i. except as hereinafter provided: 6.00 m (19.69 ft); ii. adjacent to a highway without a service road: 28.00 m (91.86 ft) from the nearest limit of the right-of-way of the nearest highway; iii. front yard requirement shall not apply to gas pumps, free-standing or projecting signs or billboards; iv. adjacent to a residential district: 28.00 m (91.86). d) rear yard i. except as hereinafter provided: 6.00 m (19.69 ft); ii. adjacent to a residential district: 28.00 m (91.86 ft) from the nearest property line of a parcel of land within a residential district. e) side yards (except as required in Section 7.2): i. except as hereinafter provided: 1.00 m (3.28 ft); and ii. adjacent to a residential district: 6.00 m (19.69 ft) 13.1.7 Maximum Requirements a) height of buildings: 48.00 m (157.48 ft). 13.1.8 Special Requirements a) The public entrances to all commercial buildings must face the front property line shared with the street; b) Parking stalls and loading stalls must not be located between any building and the property line shared with Highway 2A; c) Parking stalls and loading stalls must not be located between any building and the property line shared with any non-industrial District; d) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; e) All Town-owned boulevards and a minimum of ten per cent (10%) of the parcel area must be landscaped in accordance with the plans approved by the Development Officer or the Municipal Planning Commission; Town of Crossfield Land Use Bylaw November 2018 158 f) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with Highway 2A shall be landscaped; g) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with any non-industrial District shall be landscaped; h) All sites adjacent to non-industrial Districts shall be screened from view of the adjacent non-industrial Districts to the satisfaction of the Development Officer or the Municipal Planning Commission; i) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; j) All development in the I-1 District shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; k) All development in the I-1 District shall be in accordance with the policies outlined in the Municipal Development Plan; l) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment. Town of Crossfield Land Use Bylaw November 2018 159 13.2 MEDIUM INDUSTRIAL DISTRICT (I-2) 13.2.1 Purpose The purpose of the Medium Industrial District (I-2) is to provide for a wide range of industrial uses where impacts on nearby Districts can be mitigated. 13.2.2 Permitted Uses - accessory buildings - accessory uses - emergency services - office - office support services - park - public or quasi-public installations and facilities - public utilities - public utility buildings 13.2.3 Discretionary Uses (Development Officer) - agricultural equipment sales, service, storage and repairs - auction rooms - automobile sales and leasing - automotive accessories, parts and services - auto wreckers and salvagers - auto body and paint shop - billboard - broadcasting facilities - building supply centre - building, temporary - bulk fertilizer storage and distribution - bulk fuel storage and distribution - car and truck washing establishment - convenience store - communication structures (public or private) - crematorium - drinking establishment - drive-in food services - food processing - freight terminal - general agriculture - general industrial, light - general industrial, medium - grain elevator - heavy equipment assembly, sales, rental service, storage and repairs Town of Crossfield Land Use Bylaw November 2018 160 - industrial service shop - institution or institutional use - instructional facility - intensive agriculture - laboratory - light equipment rental establishment - liquor store - lumber yard - kennel - manufacturing plant - mobile and temporary food vendor - mobile and temporary sales and services - on-site residential accommodations - outdoor storage - parking lot - passenger terminal - printing establishments - private club or organization - recycling depot - scrap yards - service station - signs (advertising, awning, canopy, directional, fascia, freestanding, identification, outdoor retail display - portable, projecting, temporary, third party advertising, wall, warning, window) - storage yard - taxi, shuttle, or courier service business - truck terminals or trucking establishments - veterinary clinic - warehouse, warehousing and storage facility 13.2.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 13.2.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 13.2.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the I-2 District. 13.2.6 Minimum Requirements a) lot area: 255.48 m2 (2,750.00 ft2); b) lot width: 7.62 m (25.00 ft); c) front yard (except as required in Section 7.2): Town of Crossfield Land Use Bylaw November 2018 161 i. except as hereinafter provided: 6.00 m (19.69 ft); ii. adjacent to a highway without a service road: 28.00 m (91.86 ft) from the nearest limit of the right-of-way of the nearest highway; iii. front yard requirement shall not apply to gas pumps, free-standing or projecting signs or billboards; iv. adjacent to a non-industrial district: 28.00 m (91.86 ft) from the nearest property line shared with a non-industrial district. d) rear yard: i. except as hereinafter provided: 10.00 m (32.81 ft); ii. adjacent to a non-industrial district: 28.00 m (91.86 ft) from the nearest property line of a parcel of land within a non-industrial district. e) side yards (except as required in Section 7.2): i. except as hereinafter provided: 1.00 m (3.28 ft); and ii. adjacent to a non-industrial district: 6.00 m from the nearest property line of a parcel of land within a non-industrial district (19.69 ft). 13.2.7 Maximum Requirements a) height of buildings: 15.25 m (50.00 ft). 13.2.8 Special Requirements a) Parking stalls and loading stalls must not be located between any building and any property line shared with Highway 2A; b) Parking stalls and loading stalls must not be located between any building and any property line shared with any non-industrial District; c) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; d) All Town-owned boulevards and a minimum of ten per cent (10%) of the parcel area must be landscaped in accordance with the plans approved by the Development Officer or the Municipal Planning Commission; e) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with Highway 2A shall be landscaped; f) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with any non-industrial District shall be landscaped; g) All sites adjacent to non-industrial Districts shall be screened from view of the adjacent non-industrial Districts to the satisfaction of the Development Officer or the Municipal Planning Commission; Town of Crossfield Land Use Bylaw November 2018 162 h) All sites adjacent to Highway 2A shall be screened from view of Highway 2A to the satisfaction of the Development Officer or the Municipal Planning Commission; i) The exterior finishing materials of the proposed development must be those as shown on the approved plans; j) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; k) All development in the I-2 District shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; l) All development in the I-2 District shall be in accordance with the policies outlined in the Municipal Development Plan; m) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment; n) Industrial uses which emit airborne pollutants and/or noxious odours, or which have fire or explosive risks shall be required to meet minimum separation distances from residential areas and also from other industrial developments in accordance with the requirements of Provincial Legislation; o) The applicant shall supply relevant information describing any noxious, dangerous, or offensive feature of the proposed development in relation to: i. airborne pollutants or odours; ii. release of any toxic, radioactive or environmentally hazardous materials; iii. flammable or explosive materials and describing their intensity and area of impact. p) Applications for developments (in addition to the information required in Part 4) shall be referred to Alberta Environment and the Regional Health Authority for their comments and recommendations. These applications may: i. involve processing, assembly and/or packaging which may produce excessive smoke, fumes, noise, vibration, dust, and/or odours; or ii. involve the use of highly flammable chemical materials. q) An application for approval of a use employing highly flammable chemical materials must be accompanied by the plan approved by the Town of Crossfield Fire Department; r) All exterior work areas, storage areas, and waste handling areas shall be enclosed from view from roadways and park reserves to the satisfaction of the Development Officer or the Municipal Planning Commission; s) Outside storage shall not project above the height of screening material; Town of Crossfield Land Use Bylaw November 2018 163 t) Fencing shall not be of a barbed wire construction below a height of 1.82 m (6.00 ft); u) All vehicles stored outside on the property, whether wrecked, damaged, or in good working condition, must be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; v) All storage vessels with a water capacity exceeding 7,570 litres (1,665 imperial gallons) and which contains liquefied petroleum products shall be: i. setback at least 15.00 m (49.21 ft) from all property lines; and ii. at least 121.00 m (396.98 ft) from any place used for public assembly such as schools, hospitals, theatres and residential areas. Town of Crossfield Land Use Bylaw November 2018 164 13.3 HEAVY INDUSTRIAL DISTRICT (I-3) 13.3.1 Purpose The purpose of the Heavy Industrial District (I-3) is to provide for heavy industrial uses which must be separated from non-industrial Districts. 13.3.2 Permitted Uses - accessory buildings - accessory uses - emergency services - office - office support services - public or quasi-public installations and facilities - public utilities - public utility buildings 13.3.3 Discretionary Uses (Development Officer) - agricultural equipment sales, service, storage and repairs - auto body and paint shop - auto wreckers and salvagers - building supply centre - building, temporary - bulk fertilizer storage and distribution - bulk fuel storage and distribution - car and truck washing establishment - communication structures (public or private) - food processing - freight terminal - general agriculture - general industrial, heavy - general industrial, light - general industrial, medium - grain elevator - heavy equipment assembly, sales, rental service, storage and repairs - industrial service shop - intensive agriculture - laboratory - lumber yard - manufacturing plant - meat processing - mobile and temporary food vendor - mobile and temporary sales and services - on-site residential accommodations - outdoor retail display Town of Crossfield Land Use Bylaw November 2018 165 - outdoor storage - parking lot - recycling depot - scrap yards - service station - signs (advertising, awning, canopy, directional, fascia, freestanding, identification, portable, projecting, temporary, third party advertising, wall, warning, window) - storage yard - truck terminals or trucking establishments - warehouse, warehousing and storage facility 13.3.4 Discretionary Uses (Municipal Planning Commission) The Development Officer may exercise discretion in referring development permit applications for any of the uses listed under 13.3.3 Discretionary Uses (Development Officer) above to the Municipal Planning Commission for consideration. 13.3.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the I-3 District. 13.3.6 Minimum Requirements a) lot area: 0.61 hectares (1.50 acres); b) lot width: 30.00 m (98.43 ft); c) front yard (except as required in Section 7.2): i. except as hereinafter provided: 10.00 m (30.81 ft); ii. adjacent to a highway without a service road: 30.00 m (98.43 ft) from the nearest limit of the right-of-way of the nearest highway; iii. front yard requirement shall not apply to gas pumps, free-standing or projecting signs or billboards. d) rear yard: i. except as hereinafter provided: 10.00 m (32.81 ft); ii. adjacent to a non-industrial district: 30.00 m (98.43 ft) from the nearest property line of a parcel of land within a non-industrial district. e) side yards (except as required in Section 7.2): Town of Crossfield Land Use Bylaw November 2018 166 i. except as hereinafter provided: 1.00 m (3.28 ft); ii. adjacent to a non-industrial district: 10.00 m (30.81 ft) from the nearest property line of a parcel of land within a non-industrial district. 13.3.7 Maximum Requirements a) height of buildings: 15.25 m (50.00 ft). 13.3.8 Special Requirements a) Parking stalls and loading stalls must not be located between any building and any property line shared with Highway 2A; b) Parking stalls and loading stalls must not be located between any building and any property line shared with any non-industrial District; c) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; d) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with Highway 2A shall be landscaped; e) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with any non-industrial District shall be landscaped; f) All sites adjacent to Highway 2A shall be screened from view of Highway 2A to the satisfaction of the Development Officer or the Municipal Planning Commission; g) All sites adjacent to non-industrial Districts shall be screened from view of the adjacent non-industrial Districts to the satisfaction of the Development Officer or the Municipal Planning Commission; h) The exterior finishing materials of the proposed development must be those as shown on the approved plans; i) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; j) All development in the I-3 District shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; k) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment; l) Industrial uses which emit airborne pollutants and/or noxious odours or which have fire or explosive risks shall be required to meet minimum separation distances from residential areas and also from other industrial Town of Crossfield Land Use Bylaw November 2018 167 developments in accordance with the requirements of Provincial Legislation; m) The applicant shall supply relevant information describing any noxious, dangerous, or offensive feature of the proposed development in relation to: i. airborne pollutants or odours; ii. release of any toxic, radioactive or environmentally hazardous materials; iii. flammable or explosive materials and describing their intensity and area of impact. n) Applications for developments (in addition to the information required in Part 4) shall be referred to Alberta Environment and the Regional Health Authority for their comments and recommendations. These applications may: i. involve processing, assembly and/or packaging which may produce excessive smoke, fumes, noise, vibration, dust, and/or odours; or ii. involve the use of highly flammable chemical materials. o) An application for approval of a use employing highly flammable chemical materials must be accompanied by the plan approved by the Town of Crossfield Fire Department; p) All exterior work areas, storage areas, and waste handling areas shall be enclosed from view from roadways and park reserves to the satisfaction of the Development Officer or the Municipal Planning Commission; q) All development in the I-3 District shall be in accordance with the policies outlined in the Municipal Development Plan; r) Outside storage shall not project above the height of screening material; s) Fencing shall not be of a barbed wire construction below a height of 1.82 m (6.00 ft); t) All vehicles stored outside on the property, whether wrecked, damaged, or in good working condition, must be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; u) All storage vessels with a water capacity exceeding 7,570 litres (1,665 imperial gallons) and which contains liquefied petroleum products shall be: i. setback at least 15.00 m (49.21 ft) from all property lines; and ii. at least 121.00 m (396.98 ft) from any place used for public assembly such as schools, hospitals, theatres and residential areas. Town of Crossfield Land Use Bylaw November 2018 168 PART 14 - MUNICIPAL AND INSTITUTIONAL DISTRICTS LAND USE RULES 14.1 MUNICIPAL AND INSTITUTIONAL DISTRICT (MUN) 14.1.1 Purpose The purpose of the Municipal and Institutional District (MUN) is to provide for public, community, municipal, and institutional uses that provide public services and amenities to the community. 14.1.2 Permitted Uses - accessory buildings - accessory uses - community buildings and facilities - cemetery - cultural establishment - emergency services - institution or institutional use - instructional facility - library - outdoor athletic / recreational facilities - park - playground - public or quasi-public installations and facilities - public utilities - public utility buildings 14.1.3 Discretionary Uses (Development Officer) - building, temporary - general agriculture - market - mobile and temporary food vendor - mobile and temporary sales and services - office support services - parking lot - religious institution - school, private - school, public or separate - signs (advertising, awning, canopy, directional, fascia, freestanding, identification, portable, projecting, temporary, wall, warning, window) 14.1.4 Discretionary Uses (Municipal Planning Commission) Town of Crossfield Land Use Bylaw November 2018 169 - campground - child care facility - communication structures (public and private) - crematorium - fitness centre - hospital - passenger terminal - private club or organization - outdoor storage (only as accessory to hospitals and Permitted Uses in the MUN District only) - recreation facility - recycling depot - theatre 14.1.5 General Requirements The General Land Use Regulations contained in Part 7 shall apply within this District, in addition to the following specific provisions for every development in the MUN District. 14.1.6 Minimum Requirements a) parcel area: At the discretion of the Development Authority. b) parcel width: At the discretion of the Development Authority. c) front yard (except as required in Section 7.2): i. except as hereinafter provided: 6.00 m (19.69 ft); ii. adjacent to a highway without a service road: 28.00 m (91.86 ft) from the nearest limit of the right-of-way of the nearest highway; iii. front yard requirement shall not apply to gas pumps, free-standing or projecting signs or billboards. d) rear yard: i. except as hereinafter provided: 10.00 m (32.81 ft); ii. adjacent to a residential district: 28.00 m (91.86 ft) from the nearest property line shared with a parcel of land within a residential district. e) side yards (except as required in Section 7.2): i. except as hereinafter provided: 1.00 m (3.28 ft); ii. adjacent to a residential district: 6.00 m (19.69 ft) 14.1.7 Maximum Requirements Town of Crossfield Land Use Bylaw November 2018 170 Height of buildings: at the discretion of the Development Officer or the Municipal Planning Commission. 14.1.8 Special Requirements a) Parking stalls and loading stalls must not be located between any building and any property line shared with Highway 2A; b) Landscaping is required and shall be provided in accordance with the requirements of Section 7.3 of this Bylaw; c) In addition to the requirements of Section 7.3 of this Bylaw, all areas between any building and the property line shared with Highway 2A shall be landscaped; d) All rooftop apparatus and mechanical equipment shall be screened to the satisfaction of the Development Officer or the Municipal Planning Commission; e) All development in the MUN District shall provide at least one barrier-free access without stairs, with access ramps for wheelchairs, walkers, strollers, or any other devices intended to assist in personal access to buildings or sites; f) All subdivision and development permit applications for lands adjacent to the Canadian Pacific Railway (CPR) right-of-way shall be referred to the CPR for comment; g) All development in the MUN District located within the DownTown and Entrance Area Redevelopment Plan, including exterior finishing materials, must be designed in accordance with the DownTown and Entrance Area Redevelopment Plan; h) All development in the MUN District shall be in accordance with the policies outlined in the Municipal Development Plan; i) Outdoor storage shall only be allowed as an accessory use to hospitals and the Permitted Uses listed under Section 14.1.2 of this Bylaw, and shall be screened, set back from property lines, and landscaped to the satisfaction of the Development Officer or the Municipal Planning Commission. Town of Crossfield Land Use Bylaw November 2018 171 PART 15 - URBAN RESERVE DISTRICT LAND USE RULES 15.1 URBAN RESERVE DISTRICT (UR) 15.1.1 Purpose The purpose of the Urban Reserve District (UR) is to protect land for urban uses from premature subdivision and development, which may prejudice or compromise future urban development. A limited range of rural and recreational uses, which utilize large areas of land, may be approved in the Urban Reserve District as interim uses pending full urban development. Land use Redesignation of lands within the Urban Reserve District shall generally require the prior approval of an Area Structure Plan, a conceptual scheme, an outline plan of subdivision, or some other municipal planning policy. 15.1.2 Permitted Uses - accessory building - accessory use - general agriculture - public utility - public utility building 15.1.3 Discretionary Uses (Development Officer) - bed and breakfast - building, temporary - dwelling, secondary suite - dwelling, single detached - garage, private - home occupation - home office - kennel - market - parking lot - signs (advertising, directional, freestanding, identification, portable, temporary, third party advertising, warning) 15.1.4 Discretionary Uses (Municipal Planning Commission) - billboard - campground - communication structures (public or private) - community buildings and facilities - emergency services - greenhouse, private - horticulture nurseries and greenhouse operations Town of Crossfield Land Use Bylaw November 2018 172 - intensive agriculture - natural resource extractive industries - park - playground - public or quasi-public installations and facilities - recreational facility 15.1.5 General Requirements In addition to the General Land Use Regulations contained in Part 7, the following provisions shall apply for every development in the UR District. 15.1.6 Minimum Requirements a) lot area: at the discretion of the Development Officer or the Municipal Planning Commission; b) lot width: at the discretion of the Development Officer or the Municipal Planning Commission; c) all yard setbacks: i. except as herein provided: at the discretion of the Development Officer or the Municipal Planning Commission; and ii. adjacent to a Provincial Highway without an intervening service road: 38.10 m (125.00 ft). 15.1.7 Maximum Requirements a) Height of buildings: notwithstanding any other provisions of this Bylaw, the height of any building in this District shall be at the discretion of the Development Officer or the Municipal Planning Commission. 15.1.8 Special Requirements a) Notwithstanding any other provisions of this Bylaw, the Development Officer or the Municipal Planning Commission may exercise their discretion in imposing any special requirements on development permits in the UR District; b) Subdivision shall not be approved for any lands within the Urban Reserve District. Town of Crossfield Land Use Bylaw November 2018 173 PART 16 - DIRECT CONTROL DISTRICT LAND USE RULES 16.1 DIRECT CONTROL DISTRICT (DC) 16.1.1 Purpose The purpose of the Direct Control District (DC) is to allow direct control by Council over the development, due to its special nature or circumstance, pursuant to the provisions of the Municipal Government Act. 16.1.2 Uses and Requirements a) Each Direct Control District bylaw shall define: i. the purpose of the Direct Control District; ii. Permitted Uses; iii. Discretionary Uses; iv. general requirements and references to this Land Use Bylaw, including where appropriate any established Land Use Districts of this Land Use Bylaw that may form the basis for the Direct Control District; v. minimum requirements; vi. maximum requirements; vii. special requirements; and viii. the boundaries, area, location, and extent of the Direct Control District. b) Uses, special requirements, guidelines, standards of development, and conditions for each Direct Control District shall be stipulated at the discretion of the Town of Crossfield Council. c) Direct Control Districts shall be suffixed with a numeric reference (i.e., DC-1, DC-2, etc.). 16.1.3 Procedure a) Notwithstanding the procedure established for development permit applications in Part 4, applications for development on land in Direct Control Districts may be referred by the Development Officer to the Municipal Planning Commission or Council for approval or refusal. All development permit applications for lands within Direct Control Districts shall be accompanied with the information outlined in Section 4.3. b) There is no appeal to the Subdivision and Development Appeal Board from a decision on an application for a development permit in a Direct Control District. 16.1.4 Land Designated Direct Control Town of Crossfield Land Use Bylaw November 2018 174 c) Land use Redesignation to Direct Control Districts take effect within the Town of Crossfield through amendments to this Bylaw as approved by Council at statutory Public Hearings. Town of Crossfield Land Use Bylaw November 2018 175 APPENDIX A - FORMS Town of Crossfield Land Use Bylaw November 2018 176 APPENDIX B - LAND USE DISTRICT MAP