Land Use Bylaw No. 2018/04

Cypress County, Alberta · adopted 2018-01-01

This is the exact embedded text of the captured official document. Snapshot df009c7d0955 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CYPRESS COUNTY LAND USE BYLAW NO 2018/04 TABLE OF CONTENTS PART I SHORT TITLE, PURPOSE AND DEFINITIONS 1. SHORT TITLE 1 2. PREVIOUS LEGISLATION 1 3. PURPOSE 1 4. APPLICATION OF THIS BYLAW 1 5. INTERPRETATION 1 6. DEFINITIONS 2 PART II ADMINISTRATIVE DUTIES AND RESPONSIBILITIES 7. DEVELOPMENT OFFICER 12 8. PLANNING ADVISOR 13 9. MUNICIPAL PLANNING COMMISSION 14 10. SUBDIVISION AND DEVELOPMENT APPEAL BOARD 15 11. ESTABLISHMENT OF FEES 15 PART III PROCEDURE FOR DEVELOPMENT PERMITS 12. PERMISSION FOR DEVELOPMENT 16 13. DEVELOPMENT DEEMED APPROVED 16 14. DEVELOPMENT APPLICATION 16 15. PLANS AND INFORMATION REQUIRED 17 16. APPLICATION DEEMED REFUSED 18 17. PUBLIC NOTIFICATION 18 18. RIGHT OF APPEAL 19 19. CERTAINTY OF USE 19 20. DEVELOPMENT AGREEMENTS 20 21. VALIDITY OF DEVELOPMENT PERMITS 20 22. DEVELOPMENT PERMIT TRANSFERS 21 23. RIGHT TO REVOKE DEVELOPMENT PERMIT 21 24. SUBSEQUENT APPLICATIONS 21 25. ENFORCEMENT AND SUSPENSION OF A PERMIT 21 26. AMENDING BYLAWS 22 PART IV SUBDIVISION PROCEDURES 27. REQUIREMENT FOR A SUBDIVISION 24 28. SUBDIVISION APPLICATION 24 29. PLANS AND INFORMATION REQUIRED 25 30. TIME PERIOD FOR MAKING DECISIONS 26 31. PUBLIC NOTIFICATION - SUBDIVISION APPLICATIONS 26 32. CONDITIONS OF SUBDIVISION APPROVAL 27 33. RIGHT OF APPEAL 27 34. SUBSEQUENT APPLICATIONS 28 35. ENDORSEMENT OF FINAL PLANS AND SEPARATE DOCUMENTS 28 36. VALIDITY OF SUBDIVISION APPROVALS 28 37. HIERARCHY OF PLANNING DOCUMENTS AND PROCESSES 29 PART V GENERAL LAND USE REGULATIONS 38. USE OF LAND 30 39. COMPLIANCE WITH OTHER LEGISLATION 30 40. SUB-STANDARD LOTS 30 41. RECLASSIFICATION OF LAND 30 42. DWELLING UNITS ALLOWED ON A PARCEL 30 43. DRAINAGE AND SITE COVERAGE IN HAMLETS 31 44. LANDSCAPING 31 45. BUILDING DESIGN, CHARACTER AND APPEARANCE 32 46. GARDEN SUITE REGULATIONS 32 47. GENERAL MAINTENANCE 33 48. MINIMUM SETBACK REQUIREMENTS 34 49. ACCESS AND SIGHT DISTANCES FOR ROAD APPROACHES 34 50. KEEPING OF LIVESTOCK ON PARCELS 35 51. FENCES AND TREES 36 52. PROJECTION OVER YARDS 37 53. OBJECTS AND STRUCTURES PROHIBITED OR RESTRICTED IN YARDS 37 54. DEVELOPMENT PERMIT FOR TEMPORARY BUILDINGS 38 55. NON-CONFORMING USES AND BUILDINGS 38 56. SETBACKS FROM RIVER VALLEYS AND COULEES 39 57. SETBACK FROM WATER BODIES 41 58. SETBACKS FROM GAS AND OIL WELLS 41 59. SHELTERBELTS AND ORNAMENTAL TREES 41 60. SMALL SCALE WIND ENERGY FACILITY (SWEF) 42 61. SOLAR ENERGY REGULATIONS 42 62. STORAGE CONTAINER REGULATIONS 43 63. OFF-STREET PARKING REGULATIONS 45 64. LICENSED MEDICAL CANNABIS PRODUCTION FACILITY 47 65. LICENSED CANNABIS PRODUCTION FACILITY 48 66. CANNABIS RETAIL STORE REGULATIONS 48 67. THE LAND USE DISTRICT MAP 50 PART VI LAND USE DISTRICTS AND REGULATIONS PERMITTED AND DISCRETIONARY USES TABLE 53 AGRICULTURAL IDP DISTRICT 1 (A-1 IDP) 55 AGRICULTURAL DISTRICT 2 (A-2 GENERAL AGRICULTURE) 58 AGRICULTURAL DISTRICT 3 (A-3 HORTICULTURE) 60 AGRICULTURAL DISTRICT 4 (A-4 GREENHOUSE) 62 COUNTRY RESIDENTIAL DISTRICT (CR) 64 COUNTRY RESIDENTIAL DISTRICT 2 (CR-2) 66 COUNTRY RESIDENTIAL FARMSTEAD SEPARATION DISTRICT (CR-FS) 68 LIMITED COUNTRY RESIDENTIAL IDP DISTRICT (CR-IDP) 70 COUNTRY RESIDENTIAL MULTI-UNIT DWELLING DISTRICT (CR-MUD) 73 CYPRESS HILLS FRINGE DISTRICT (CHF) 75 DIRECT CONTROL DISTRICT (DC) 77 HAMLET COMMERCIAL DISTRICT (HC) 78 HAMLET GENERAL DISTRICT (HG) 80 HAMLET INDUSTRIAL DISTRICT (HI) 82 HAMLET RESIDENTIAL DISTRICT (HR) 84 HAMLET RESIDENTIAL (SINGLE FAMILY) DISTRICT (HSR) 86 HIGHWAY COMMERCIAL DISTRICT (HWY-C) 88 INDUSTRIAL DISTRICT (I) 90 LIGHT INDUSTRIAL DISTRICT (LI) 92 PUBLIC AND SEMI-PUBLIC SERVICE DISTRICT (PS) 94 RECREATION FACILITY DISTRICT (RF) 96 RECREATION/RESIDENTIAL RESORT DISTRICT (RRR) 99 RURAL COMMERCIAL DISTRICT (RC) 101 SEASONAL RESIDENCE DISTRICT (SR) 103 WIND ENERGY FACILITY DISTRICT (WEF) 105 SCHEDULE A DEVELOPMENT STANDARDS FOR MOVE-IN BUILDINGS 109 SCHEDULE B HOME OCCUPATION 110 SCHEDULE C EXTRACTION AND PRODUCTION OF SAND, GRAVEL, SURFACE MINERALS, 112 AND BORROWING PITS SCHEDULE D PROTECTION OF EXISTING CONFINED FEEDING OPERATIONS 114 SCHEDULE E PRIVATE SIGN REGULATION 115 SCHEDULE F DOG BREEDING AND BOARDING KENNELS 122 SCHEDULE G LAND USE DISTRICT MAPS 123 TRI-AREA IDP FUTURE LAND USE DISTRICT CONCEPT MAP 124 GENERAL LAND USE DISTRICT MAP 125 A-1 AND A-2 DISTRICTS RESULTING FROM THE TRI-AREA IDP 126 CONFINED FEEDING OPERATIONS EXCLUSION AREA 127 GREENHOUSE BLACKOUT ZONE 128 HAMLET LAND USE DISTRICT MAPS 129 LOCATION MAPS 149 SCHEDULE H LIMITED COUNTRY RESIDENTIAL USE POLICY AREAS 395 LIMITED COUNTRY RESIDENTIAL USE POLICY AREAS (TRI-AREA IDP) 396 LIMITED COUNTRY RESIDENTIAL PARCEL DENSITY (TRI-AREA IDP) 397 1 PART I SHORT TITLE, PURPOSE AND DEFINITIONS 1. SHORT TITLE (1) This Bylaw may be cited as "Cypress County Land Use Bylaw". 2. PREVIOUS LEGISLATION (1) The Cypress County Land Use Bylaw 2016/16 signed on the 1st day of November, 2016, AD, and amendments thereto are hereby repealed. (2) This Bylaw comes into force upon the date of final reading. (3) An application for a development permit which is received in its complete form prior to the effective date of this Bylaw shall be processed as if this Bylaw had not come into force. 3. PURPOSE (1) The Purpose of this Bylaw is to: (a) provide direction for the orderly, economical, and beneficial development, use of land and patterns of human settlement for the residents of Cypress County, and (b) regulate and control development or, where necessary, prohibit development without infringing on the rights of individuals for any public interest except to the extent that is necessary for the overall greater public interest. 4. APPLICATION OF THIS BYLAW (1) Except as permitted in this Bylaw, no person shall commence a development unless a development permit for that development has been issued and the appeal period has expired. (2) If one or more provisions of this Bylaw are for any reason declared to be invalid, it is intended that all remaining provisions are to remain in full force and effect. 5. INTERPRETATION In this Bylaw, unless the context otherwise requires the expression "use" or "to use" shall include done or permitted by the owner or occupant of any land, building or structure, directly or indirectly, or by or through any trustee, tenant, servant or agent acting for or with the knowledge and consent of the owner or occupant for the purpose of making use of the land, building or structure. (1) Unless otherwise stated, The Interpretation Act applies to this Bylaw. (2) Where uncertainty exists as to the boundaries of the districts as shown on the Land Use District Map, the following rules shall apply: (a) where a district boundary is shown as approximately following a public roadway, it shall be deemed to follow the right-of-way thereof; (b) where a district boundary is shown as approximately following the boundary of a lot, the lot boundary shall be deemed to be the boundary of the district; (c) where a district boundary is shown as following a canal, pipeline, railway line, or utility easement it shall be deemed to follow the center line of the right-of-way thereof; (d) where a district boundary is shown as being parallel to or as an extension of features noted above, it shall be so construed; (e) where a land use district boundary is not located in conformity to the preceding provisions and in effect divides or splits a registered parcel of land, the disposition of 2 such boundary shall be determined by dimensions indicated on the Land Use District Map or by measurements directly from that Map; (f) where the application of the above rules do not determine the exact location of the boundary of a district, the Council either on its own motion or upon written application being made to it be any person requesting the determination of the exact location of the boundary shall fix the portion of the District boundary in doubt or dispute in a manner consistent with the provisions of this Bylaw and with the degree of detail as to measurements and directions as the circumstances may require. 6. DEFINITIONS (1) "Above Ground Seasonal Swimming Pool" means a pool placed completely above the existing ground level and is used during the warm weather seasons. The pool may be removed, taken down, and re-installed in its place from season to season. (2) "Accessory Building" means a separate building, the use of which is accessory and subordinate to the use of the principal building on the same lot. (3) "Accessory Use" means a use customarily associated with but subordinate to the permitted and discretionary uses pursuant to this Bylaw. (4) "Act" means the Municipal Government Act being Chapter M-26 of the Revised Statutes of Alberta 2000 as amended. (5) "Adjacent Land" means land that is touching the parcel of land that is being re-designated or subdivided and includes land that would be touching if not for a highway, road, river or stream. (6) "Amusement and Entertainment Services" means those developments having room, area or a building used indoors or outdoors for the purpose of providing entertainment and amusement to patrons on a commercial fee for admission/service basis. Typical uses and facilities would include go-cart tracks, miniature golf, amusement rides, electronic games establishments, and amusement theme parks. (7) "Animal Unit" see Confined Feeding Operation. (8) "Appeal Board" means the Subdivision and Development Appeal Board appointed by the Municipal Council pursuant to the Act. (9) "Bare-Land Unit" means land that is comprised in a Condominium Plan and described as a Unit in a Condominium Plan by reference to boundaries governed by monuments placed pursuant to the provision of the Surveys Act respecting subdivision. (10) "Bed & Breakfast" means an accessory use, within an owner, occupied dwelling unit, which offers temporary sleeping accommodations to the public, and meals are prepared in a common kitchen area within the dwelling unit. 3 (11) "Borrow Excavation" means both pits and excavations to provide materials for a specific project such as a sub-base for a road construction project or the construction of dams, canals, dyke or erosion control structures associated with a Provincial water management infrastructure project, and is regulated under the Environmental Protection and Enhancement Act and the Conservation and Reclamation Regulation. (12) "Building" means anything constructed or placed on, in, over or under the land but does not include a highway or public roadway or a bridge forming part of a highway or public roadway. (13) "Business Park" means a comprehensively planned commercial development with common functional characteristics that may contain a range of business activities in a number of buildings situated adjacent to each other. (14) "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. (15) "Cannabis Accessories" means accessories that promote the responsible and legal consumption and storage of cannabis. (16) "Cannabis Retail Store" means a building used for the retail sale of cannabis that is authorized by Provincial or Federal legislation and may include the retail sale of cannabis accessories as approved by Alberta Gaming, Liquor & Cannabis (AGLC). (17) "Class I Gravel Pit" means a gravel pit greater than or equal to 5 hectares (12.5 acres) in size, developed on private lands, and requiring both Municipal and Provincial approval from Alberta Environment and Parks. The pit shall satisfy the requirements of the Land Use Bylaw, the Environmental and Protection Enhancement Act, the Code of Practice For Pits, the Water Act, the Conservation and Reclamation Regulations, and all other statutory or regulatory requirements which may be applicable. (18) "Class II Gravel Pit" means a gravel pit les than five hectares (12.5 acres) in size, developed on private lands, and require Municipal approval but not Provincial approval from Alberta Environment and Parks as these operations do not fall under the Code of Practice for Pits. The pit shall satisfy the requirements of the Land Use Bylaw, the Environmental Protection and Enhancement Act, and the Environmental Protection Guidelines For Pits, all components of the Water Act, and all other statutory or regulatory requirements which may be applicable. (19) "Commercial Facility" means a building or a group of buildings intended for the use of customers for retail sale or repair of goods or services or for assembly and limited term visitor accommodation as part of a commercial enterprise. This includes, but is not limited to, retail store, visitor accommodation, restaurant, and leisure entertainment facilities. (20) "Commercial Use in Support of the Principal Visitor Accommodation Use" means a use that is subordinate to and supports the principal visitor accommodation use and users. It is located on the same site as the principal use and may include, a retail store, a service 4 station, a restaurant, or other similar use. (21) "Confined Feeding Operation" (CFO) means a fenced or enclosed land or buildings where livestock are confined for the purposes of growing, sustaining, finishing or breeding by means other than grazing, and any other building or structure directly related to that purpose but does not include residences, livestock seasonal feeding and bedding sites, equestrian stables, auction markets, race tracks or exhibition grounds. Backgrounding operations that meet the threshold animal numbers are also considered to be CFO's. CFO's do not include residences, grazing livestock operations, livestock seasonal feeding or bedding sites, equestrian stables, auction markets, race tracks or exhibition grounds. Operations equal to or greater than the size shown in the following table require registration under the Agricultural Operation Practices Act: Beef Cows/Finishers, Bison, Elk 150 Beef Feeders (450-900 lbs), Deer, Sheep, Goats 200 Swine (sows - farrow to finish) 30 Swine (sows - farrow to wean) 50 Swine (weaners, feeders) 500 Dairy (lactating cows only) 50 Horses 100 Poultry (breeder hens), Turkeys 1000 For other animals, refer to Agricultural Operation Practices Act Reference Guide, Table 1 Matters Regulation, Schedule 2. (22) "Corner Lot" means a lot having frontage on two or more streets and situated at an intersection. The front shall be considered the side in which the main entrance of the principal building is located. (23) "Council" means the Municipal Council of Cypress County in the Province of Alberta. (24) "Country Residence" means a dwelling or mobile home with or without accessory buildings and uses which is situated on a parcel used solely for private residential purposes within an otherwise rural area. (25) "Country Residential Subdivision" means a parcel that was subdivided from a larger, single parcel with each parcel having separate title. (26) "County" means Cypress County in the Province of Alberta. (27) "Commercial Services" means a retail facility where goods and services are provided and sold to the general public. (28) "Cover-all Building" means an accessory building where the outer shell is made of artificial fabric and spanned across rigid trusses. 5 (29) "Development Means"; (a) an excavation or stockpile of materials and the creation of either of them, (b) a building or addition to, or replacement or repair of a building and the construction of placing of any of them on, in, over or under land, (c) a change of use 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. (30) "Development Authority" means a development authority established pursuant to the Municipal Government Act to exercise development powers and duties on behalf of the County, and may include one or more of the following; a designated officer(s), a municipal planning commission, any other person or organization. (31) "Development Officer" means a person or persons appointed to the office of development officer pursuant to this Land Use Bylaw. (32) "Development Permit" means a document issued by the Development Officer, or the Municipal Planning Commission, or the Subdivision and Development Appeal Board authorizing development in accordance with this Bylaw. (33) "Discretionary Use, Class I" means the use of the land or buildings which is not a permitted use in terms of this Bylaw but for which there is provision for the Development Officer to exercise discretion in granting a development permit. (34) "Discretionary Use, Class II" means the use of the land or buildings which is not a permitted use in terms of this Bylaw but for which there is provision for the Municipal Planning Commission to exercise its discretion in granting a development permit. (35) "Dwelling" means any building or structure used exclusively for human habitation, whether framed in place or assembled from factory built modules, which is supported on a permanent foundation or base extending below ground level, but does not include mobile homes of any kind. (a) "Dwelling, single detached" means a detached building consisting of one dwelling unit as herein defined and occupied as the permanent home or residence of one household. (b) "Dwelling, semi-detached" means development consisting of only two dwellings, each accommodating one household, situated side by side and sharing a common wall. Each dwelling shall have a separate, individual and direct access to grade, with no interior access connections, and no common means of access with other dwellings. (c) "Dwelling, multi-unit" means a grouping of three or more dwelling units within one structure and may be constructed as in an apartment style where entrance facilities are shared, or an attached style where each unity has a separate entrance at grade and is divided by a vertical party wall, such as a townhouse style setting, or in a stacked dwelling style where units have separate entrances but may be located totally or partially above another. 6 (36) "Equestrian Center" means a recreation facility where primarily horses, or other animals are either exercised, trained, shown, competed, or sold. The facility may either be indoors, and/or outdoors, and horses and animals may be housed on the property, and where participants or competitors may stay on-site and overnight during the duration of an event. (37) "Farmer's Market" means a market primarily used for selling goods produced in agricultural operations, and operates on a regular but temporary occurrence, and can include the use of a building, structure or lot for the purpose of selling various produce, meat, seafood, crafts, and may include concession sales, and/or restaurants. (38) "Family Care Facility" means a facility which provides resident service in a private residence to four or fewer individuals who are not related to the resident household. These individuals may be handicapped, aged, disabled, or in need of adult supervision and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, day care centres, group homes, and family homes. The residential character of the development shall be maintained. (39) "Farming" means the use of the land or buildings for the raising or producing of crops/and or livestock and does not include a confined feeding operation. (40) "Farmstead" means a dwelling or mobile home and other improvements used in connection with the raising or production of crops, livestock or poultry and situated on land used in connection with such farming operations, but does not mean a country residence. (41) "Farmstead Separation" means the separation of a farmstead dwelling and associated yard from a previously unsubdivided quarter section resulting in a separate title. To qualify for a farmstead separation, the residence must have been listed on the tax roll for a minimum of five years. Existing second dwellings or mobile homes that are located within the associated yard will not be considered eligible as part of the farmstead separation. A farmstead separation shall not create a situation that would result in more than three residences per quarter section outside of the Tri-Area Intermunicipal Development Plan boundary. (42) "Farm Subsidiary Occupation" means an occupation or business which is carried out by the operator of the farm unit as a secondary and subordinate use of the farm and employing not more than two persons exclusive of family members. (43) "Floodrisk Area" means the area of land bordering or within proximity to a water course or water body that would be inundated by a 1 in 100-year flood (i.e. flood that has a 1% chance of occurring every year) or is considered an area where there is risk of significant flooding and damage to property as determined by a qualified hydrology engineer. It may include both the flood fringe and the floodway. (44) "Garden Suite" means a mobile, one-bedroom dwelling unit connected to utilities and services associated with the host residence, situated on a time limited basis, and is occupied by; (a) either or both of the parents, (b) either or both of the parents-in-law, (c) a disabled adult child, or 7 (d) an assisted adult, as defined in the Adult Guardianship and Trusteeship Act, Statutes of Alberta, 2008, Chapter A-4.2. (45) "Greenhouse" means a structure, primarily of glass or other transparent materials used for the growth and production of plants but does not include a Licensed Medical Cannabis Production Facility or a Licensed Cannabis Production Facility. (46) "Group Care Facility" means the use of a building licensed by a public authority and is authorized to provide room and board, self-help and/or professional guidance and supervision for more than four residents, excluding staff, for foster children, disabled persons, the elderly, or for persons with physical, mental, social or behavioral problems. The uses include nursing homes, treatment facilities for drug and alcohol addiction, and juvenile detention centres. (47) "Hamlet" means an unincorporated urban settlement designated by Council as a hamlet pursuant to the Act. (48) "Hard Surfacing" means roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, and oiled surfaces which impede the natural infiltration of storm water. (49) "Home Occupation" means occupation, trade or craft carried out by the occupant(s) of a dwelling or mobile home as a use secondary to the residential use of a building or parcel. (50) "Inclusionary Housing" means affordable housing for lower-income people and families. (51) "Kennel" means accommodation for the keeping, boarding and/or breeding of four or more small animals over three months of age and uses associated with the shelter and care of small animals such as grooming, training and exercising, whether by the owner or for re- numeration. (52) "Land Use Amendment" means the change of the current land use district classification under the Land Use Bylaw to a different land use classification (See Section 26). (53) "Licensed Cannabis Production Facility" means the production, cultivation, and growth of cannabis, including the processing of raw materials, including the making, testing, manufacturing, assembling or in any way altering the chemical or physical properties of semi-finished or finished goods and products for the storage, and distribution and sales to cannabis retail stores or to individual customers. (54) "Licensed Medical Cannabis Production Facility" means the use of land, buildings or structures for the cultivation, processing, testing, destruction, packaging, and shipping of cannabis used for medical purposes as permitted and licensed by Health Canada. (55) "Livestock Manure Unit" means the number of livestock needed to produce sufficient manure to meet the nitrogen requirements of 1 acre of crop land. For many species, 454 kg (1000 lbs) of live weight approximates a livestock manure unit. 8 (56) "Mixed Use Building" means a building with space for both commercial and/or office use in conjunction with space for residential use. The commercial and/or office use may be positioned on the ground level or in the front of the building, while the residential use may be situated on the upper floor levels or in the rear of the building. Either the commercial and/or office space or the residential space may be rented or leased to the occupants by the property owner. (57) "Mobile Home" means a residential structure that is designed to be transported to a site, placed on foundation supports and connected to utilities for year-round accommodation. Subject to the discretion of the Development Officer, the structure must meet the CSA A 277 building standard. (58) "Mobile Home Park" means any parcel on which three or more mobile homes are located and used for human habitation without regard to whether a fee is charged for the use of the parcel. (59) "Move-in Building" means any residence/dwelling, accessory building, and any other structure, other than a mobile home, which is already established and in place at another location and is to be transported to a new site. (60) "Municipal Planning Commission" means the Cypress County Municipal Planning Commission appointed by Council pursuant to the Act. (61) "Off-site Levy" means a one-time payment by a developer to the County in accordance with an Off-site Levy Bylaw for the provision of new or expanded facilities for the storage, transmission, treatment or supplying of water, for new or expanded facilities for the treatment, movement or disposal of sanitary sewage, for new or expanded storm sewer drainage facilities, for new or expanded roads, or for land required in connection with any of these facilities which are required to service a parcel of land that is to be developed or subdivided, for new or expanded community recreation facilities, for new or expanded fire hall or police station facilities, or for new or expanded libraries. (62) "Ornamental Trees" means a single row of coniferous or deciduous trees with a minimum spacing of 5 metres located in the front of a country residence or farmstead extending for a maximum distance of 100 metres adjacent to a local road or road allowance. (63) "Outdoor Café" means a café or restaurant facility where food or beverages are served or offered for sale for consumption on or within a portion or portions of the facility that are not contained within a fully enclosed building. (64) "Outdoor Display Area" means outdoor areas used for the display of examples of equipment, vehicles, products, or items related to the business use located on the site containing the display area. (65) "Owner" means the person shown as the owner of land on the assessment roll. 9 (66) "Off-street Parking" means a lot or portion thereof, excluding a public roadway, which is used or intended to be used as a parking area for motor vehicles. (67) "Parking Area or Space" means a portion of land or part of a building set aside for the parking of motor vehicles. (68) "Performance and Event Venue" means a location where either a performance or event occurs that involves bringing in outside performers to entertain an audience by means of singing and/or playing music, acting, dancing, comedy, reciting poetry, or other types of oral presentations. (69) "Permitted Use" means a use designated in the Bylaw as a permitted use and for which the Development Officer shall issue a development permit with or without conditions providing all other provisions relating to the application for a development permit have been complied with. (70) "Planning Advisor" means a person or persons appointed to the office of planning advisor pursuant to this Land Use Bylaw. (71) "Principal Building or Use" means the building or use of land or buildings which constitutes the dominant structure or activity of the lot. (72) "Public and Quasi Public Building and Use" means a building or use on a property which is used for social, educational, recreational, and governmental public buildings and uses, and in the case of quasi-public, is a building or use that resembles a public building and or use. Examples may include utility buildings or parking lots. (73) "Recreation Vehicle" means a portable structure intended to be carried on a vehicle or to be transported on its own wheels to provide temporary living accommodation for travel and recreational purposes and includes such vehicles as a motor home, a camper, a travel trailer, a tent trailer and a boat, but does not include a mobile home. (74) "Recreation Facility" means an indoor or outdoor sport or activity facility, including ice arenas, curling rinks, sports fields, swimming pools, bowling alleys, racquet courts, gymnasiums, fitness centers, rock climbing structures, stadiums, and equestrian riding arenas. The facility may include compatible uses such as cafeterias, concession sales, retail outlets, pro-shops, conference rooms, licensed lounge areas, and electronic entertainment rooms which are exclusive to serving the users of the facility. (75) "Service Road" means a road located adjacent to a local road, or Provincial Highway which is intended to provide access to one or more subdivided parcels. (76) "Shelterbelt" means one or more rows of trees, shrubs or hedge intended to act as a wind break. (77) "Small Scale Wind Energy Facility (SWEF)" means a wind energy facility of one structure that produces and generates electricity for the property owner, and may or may not be connected to the local electricity supplier's grid. The system and supporting structure is less 10 than 20 m (65.6 ft.) in height, and is either free standing or mounted on a building or structure. (78) "Solar Energy" means the conversion of solar energy into electricity. Solar energy may be produced in mass quantities and sold commercially to an electrical company for distribution to consumers, or may be produced solely for personal or individual use. (79) "Sign or Private Sign" means the display of any word, letter, model, picture, symbol, device or representation which is located on private land is employed wholly or in part for the purpose of advertisement, announcement, or direction. (80) "Public Sign" means any sign which is located on public land or which is placed pursuant to Provincial Government legislation. (81) "Retail Store" means a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for sale at retail prices and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient only to service the store but does not include any retail outlet otherwise listed or defined in this Bylaw. (82) "Similar Use" means a use which is generally compatible with other uses presently allowed within a land use district. (83) "Site Coverage" means the total percentage of all hard surfacing compared to the total lot area. (84) "Storage Container" means a structure placed either temporarily or permanently within a property for the purposes of storing, holding, or providing protection for various items, products, belongings, and equipment, and includes, but is not limited to metal or steel shipping containers, refrigerated shipping containers, and wooden crates and boxes, but does not include office unit containers. Typical storage containers are considered to be shipping containers, and measure 2.43 metres (8 feet) in width by 6.09 metres (20 feet) or 12.19 metres (40 feet) in length. A storage container is not to exceed 16.15 metres (53 feet) in length. (85) "Subdivision Street" means a road registered to provide access to one or more subdivided parcels which does not normally provide through access to the general public. (86) "Temporary Building" means a building or structure used during the construction of an approved use which is to be removed after completion of the permanent development. (87) "Time Limited Permit" means a development permit issued on a time limited basis as specified within the conditions of the development permit. (88) "Unsubdivided Quarter Section" means a quarter section which has not been previously subdivided, and held under a single title, excluding registered rights-of-way and any involuntary severance. 11 (89) "Visitor Accommodation" means a building or group of buildings not intended for residential use where sleeping facilities are provided for persons for periods of up to 31 days. Visitor accommodation may also contain recreational facilities, commercial uses and additional facilities including but not limited to eating establishments, drinking establishments, room service, meeting rooms, public convention rooms, and laundry service. (90) "Wind Energy Facility (WEF) Definitions" (a) Blade - An element of a WEF rotor which acts as a single airfoil thereby extracting kinetic energy directly from the wind. (b) Blade Clearance - In reference to a horizontal axis rotor, the distance from grade to the bottom of the rotor's arc. (c) Horizontal Axis Rotor - A wind energy conversion system, typical of conventional or traditional windmills. (d) Rotor's Arc - The largest circumferential path travelled by a WEF blade. (e) Total Height - The height from grade to the highest vertical extension of a WEF. In the case of a WEF with a horizontal axis rotor, total height includes the distance from grade to the top of the tower to the highest point of the rotor's arc. (f) Towers - The structure which supports the rotor above grade. (g) Vertical Axis Rotor - A wind energy conversion system where the rotor is mounted on an axis perpendicular to the earth's surface. (h) Wind Energy Facility - A wind generator is one or more structures designed to convert wind energy into mechanical or electrical energy. (91) "Work Camp" means a parcel used for the temporary accommodation of construction or resource industry workers. The site will typically include on-site buildings, trailers, or other acceptable means of accommodation used to house and feed the workers, and/or store project construction materials and/or provide office space for contractors and sub- contractors. (92) "Yard" means a part of a lot upon or over which no principal building is permitted to be. (93) "Yard, Flankage" means a yard extending along the full length of a corner lot, measured from the road right-of-way to the foundation wall of the principal building. Flankage is typically determined as the side of the property that is situated within a corner lot that is adjacent to one of two intersecting streets, and is the side that is not considered to be the front of the property. (94) "Yard, Front" means a yard extending across the full frontage width of a lot measured from the nearest wall of the principal building situated on the lot to the front line of the lot. The front is typically determined by the direction the front entrance of the dwelling is facing. (95) "Yard, Rear" means a yard extending across the full rear width of a lot measured from the rear wall of the principal building situated on the lot to the rear line of the lot. (96) "Yard, Side" means the land defined by the full length of the side of a principal building and/or accessory building situated on a lot and any side boundary line of the same lot. 12 PART II ADMINISTRATIVE DUTIES AND RESPONSIBILITIES 7. DEVELOPMENT OFFICER (1) The office of Development Officer is hereby established and shall be filled by a person or persons to be appointed by resolution of Council. (2) Pursuant to the Act, the Development Officer is hereby declared to be a development authority. (3) The Development Officer shall: (a) assist and advise the Council and the public with respect to the requirements of the Land Use Bylaw and other pertinent legislation to the best of his/her ability; (b) keep and maintain for the inspection of the public during office hours a copy of this Bylaw and any adopted statutory plans and all amendments there to and ensure that copies of the same are available to the public at a reasonable charge set by Council from time to time; (c) provide a list of all applications to the secretary of the Municipal Planning Commission prior to each meeting, including those which have been approved under subsections (4) and (5); (d) keep on file in his/her office and make available for inspection by the general public during office hours a register of all applications for development including the decisions therein, for a minimum period of three years. (4) The Development Officer shall receive all completed applications for a development permit and shall: (a) approve all applications which constitute a "Permitted Use" in a Land Use District and comply in all respects to the standards of that district. The Development Officer may approve such applications with or without conditions; (b) consider and decide on all applications which constitute a "Class I Discretionary Use" in a Land Use District and comply in all respects to the standards of that district. The Development officer may approve such applications with or without conditions, or if desired, refer a Class I Discretionary use application to the Municipal Planning Commission for consideration; (c) consider and decide on renewal of time limited permits which comply in all respects to the conditions of the original permit. If in the opinion of the Development Officer the development does not meet the conditions of the original permit, then it shall be treated as a new application. (d) refer, with his/her recommendations, the Municipal Planning Commission all applications for development permits involving: (i) Class II Discretionary Uses, (ii) variances from the relevant development standards, (iii) those matters requiring the specific approval of the Municipal Planning Commission pursuant to this Bylaw, 13 (iv) any other matter which in the opinion of the Development Officer does not comply with the intent of the relevant provisions of this Bylaw; (e) refuse all other applications, unless in the Development Officer's opinion there is justification for an application to receive the Municipal Planning Commission's consideration for a decision; (f) refer to the Councils of incorporated municipalities, copies of all applications for Class II Discretionary Uses within their respective Tri-Area Intermunicipal Development Plan area as shown in Schedule G. If comments on the application are not received from the municipality concerned within five (5) days from the date of mailing, the Development Officer shall refer the applications to the Municipal Planning Commission as though the municipality had no comments on the applications; (g) refer any application for Development Permits to any agency or person for comments as required by the Subdivision and Development Regulations or when deemed appropriate. (5) Subject to subsection (6), the Development Officer may consider and decide upon an application which constitutes a "Permitted Use" in a Land Use District, which does not comply with all respective standards of the district if in the opinion of the Development Officer, (a) the proposed development would not (i) Unduly interfere with the amenities of the neighborhood, or (ii) Materially interfere with or affect the use, enjoyment, or value or neighboring properties, and (b) the proposed development conforms with the use prescribed for that land or building in this Bylaw; (c) the proposed development complies with any adopted statutory plans. (6) Pursuant to subsection (5), the Development Officer, unless otherwise stated in the Bylaw, is authorized to allow variances of the measurable standards of this Bylaw to a maximum of 1 metre or 10% of the standard, whichever is greater. 8. PLANNING ADVISOR (1) The office of Planning Advisor is hereby established and shall be filled by a person or persons to be appointed by resolution of Council. (2) Pursuant to the Act, the Planning Advisor is hereby declared to be a subdivision authority. (3) The Planning Advisor shall: (a) assist and advise the Council and the public with respect to the requirements of the Land Use Bylaw and other pertinent legislation to the best of his/her ability; (b) keep and maintain for the inspection of the public during office hours a copy of this Bylaw and any adopted statutory plans and all amendments thereto and ensure that copies of the same are available to the public at a reasonable charge set by Council from time to time; 14 (c) provide a list of all complete subdivision applications to the secretary of the Municipal Planning Commission prior to each meeting, including those which have been approved under subsections (4)(c); (d) keep on file in his/her office and make available for inspection by the general public during office hours a register of all subdivision applications including the decisions therein, for a minimum period of ten years. (4) The Planning Advisor shall receive all completed applications for subdivision and shall: (a) refer for comments any application which meet the requirements of the land use Bylaw to any agency or person when deemed appropriate (b) or as required under the Subdivision and Development Regulation; (c) refer to the Councils of incorporated municipalities, and applications for Discretionary Uses within their respective Tri-Area Intermunicipal Development Plan area as shown in Schedule G. If comments on the application are not received from the municipality concerned within twenty one (21) days from the date of mailing, the Planning Advisor shall refer the application to the Municipal Planning Commission as though the municipality had no comments on the application; (d) consider and decide upon all applications considered pursuant to section 652(4) of the Act. The Planning Advisor may approve such applications with or without conditions. (e) refer with recommendation, to the Municipal Planning Commission all other completed applications for subdivision which meet the requirements of the Land Use Bylaw. 9. MUNICIPAL PLANNING COMMISSION (1) The Municipal Planning Commission, with the assistance of the Development Officer and the Planning Advisor, shall administer this Bylaw. (2) Pursuant to the Act, the Municipal Planning Commission is hereby delegated the power to make decisions regarding subdivision applications and development applications, and under the provisions of the Municipal Planning Commission Bylaw. (3) The Municipal Planning Commission, in accordance with the provisions of this Bylaw, the Subdivision and Development Regulation, and the Municipal Government Act, shall consider and decide upon all applications referred to it by the Development Officer and the Planning Advisor, and may, (a) approve the application without conditions; (b) approve the application subject to conditions considered appropriate, or (c) refuse the application citing reasons for the refusal, or (d) approve a one year time extension for a plan of subdivision or development permit. (e) postpone or extend the timeline for making a decision, with the applicant's consent, to allow the applicant to provide further information to approve or refuse an application. (4) The Municipal Planning Commission is authorized to waive or vary development standards notwithstanding that the proposed development does not comply with this Bylaw if in the opinion of the Municipal Planning Commission 15 (a) the proposed development would not; (i) unduly interfere with the amenities of the neighborhood, or (ii) materially interfere with or affect the use, enjoyment or value of neighboring properties; (b) the proposed development conforms with the use prescribed for that land or building in the Land Use Bylaw, and (c) the proposed development complies with any adopted statutory plans. 10. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (1) The powers, duties and responsibilities of this board are established in the Subdivision and Development Appeal Board Bylaw. 11. ESTABLISHMENT OF FEES (1) Council may from time to time establish by resolution such fees and application forms as may be required for the purpose of this Bylaw. 16 PART III PROCEDURE FOR DEVELOPMENT PERMITS 12. PERMISSION FOR DEVELOPMENT (1) Subject to Section 13, no development shall be commenced unless a development permit has been obtained from the Development Officer or the Municipal Planning Commission, as the case may be. 13. DEVELOPMENT DEEEMED APPROVED (1) The following developments shall not require a development permit provided that the development complies with the setback provisions of Section 48 or any other applicable sections of this Bylaw. (a) farm developments; i. the cultivation of grazing land; ii. the development of haystacks, portable granaries, permanent farm buildings under 46.45 m2 (500 ft2), portable wind breaks, and portable corral panels; (b) garden sheds located on skids, to a maximum of 9.29 m2 (100 ft2) in area; provided that the garden shed complies with the applicable site coverage restrictions for the District that it is located within; (c) shelter belts, hedges, reservoirs, dugouts and associated fill, wells, sewage disposal fields; (d) the development of non-wire fences, ornamental trees, corrals or other means of enclosure which comply with Section 48 of the Bylaw; (e) the County's use of land which it either owns or has an equitable interest in for a purpose approved by Council in connection with any public utility; (f) the carrying out of maintenance, renovations or repairs to any building, provided that such works do not include structural alterations or major works of renovation; (g) a temporary building of construction of a Development "deemed approved" or approved by Development Permit, during the period of construction; (h) all irrigation works as defined in the Irrigation Districts Act, RSA 2000, Chapter I- 11, unless a setback relaxation from the center of the road allowance is required; (i) public signs including signs approved pursuant to the Public Highways Development Act. (2) Wire and rail fences shall be exempt from the setback provisions of the Bylaw. 14. DEVELOPMENT APPLICATION (1) An application for a development permit required under this Bylaw shall be made to the Development Officer in writing in the prescribed form and shall be accompanied by a site plan and any other plans and specifications that may reasonably be necessary in order to consider the development proposal. 17 (2) The Development Officer shall receive all completed applications for a development permit and shall: (a) within 20 days upon receipt of a development application, determine whether the application is complete or not; (b) if the development application is considered to be complete, then a letter must be sent to the applicant that the application is complete, and will be considered for approval by the appropriate approval authority; (c) if the development application is deemed to be incomplete, then an agreement can be entered into with the developer to extend the time to allow the developer to provide the necessary information to make the application complete. If the application is not complete, then a notice is to be sent to the applicant requesting the outstanding documents and information to be provided within a specified date. If the applicant fails to submit the outstanding documents and information by the specified date, then the application is deemed refused. If the application is deemed to be refused, then the applicant may file a formal appeal with the Subdivision and Development Appeal Board; (d) despite that the appropriate development approval authority has issued acknowledgement that the application is complete, a higher development authority may request additional information or documentation from the applicant that the higher development authority considers necessary to review the application. (3) There is no appeal for a development permit issued as a permitted use unless the provisions of the Land Use Bylaw were relaxed, varied or misinterpreted, or the development permit was deemed refused due to insufficient information being provided resulting in the application being incomplete. 15. PLANS AND INFORMATION REQUIRED (1) The Development Officer may request any of the following information to accompany the development application: (a) a detailed site plan showing: i. the lot boundaries, with dimensions, ii. the location of all existing and proposed buildings or use of the land, iii. floor plans, elevations, exterior views and sections of the proposed buildings, iv. statement of the present and proposed uses v. the existing and proposed access points to the site, vi. the location of all easements and/or right-of-ways, vii. color photographs of the Development, viii. site coverage percentage of all hard surfacing, ix. contour elevations and/or grade elevations; x. proximity to established gas wells and/or abandoned gas wells. (b) proof of ownership or authority for a development permit from the landowner; 18 (c) the estimated commencement and completion dates; (d) a written operating plan describing the business or operations of the proposal; (e) a drainage plan from a professional engineer to properly address storm runoff water; (f) a statement of disclosure prepared by a qualified professional, licensed to practice in Alberta, if there are any known environmental contaminants currently existing on site. (g) verification from a qualified water engineer as to the location of the proposed development in relation to the 1:100 year flood plain. (h) any additional information the Development Officer and/or Municipal Planning Commission considers necessary for processing and evaluating the application. (2) The Development Officer or the Municipal Planning Commission may deal with an application and make a decision without all of the information required by subsection (1) if in their opinion, the nature of the development is such that decision on the application can be properly made without that information. (3) A non-refundable application fee, to be established by a resolution of the Council, from time to time, shall accompany the development application. 16. APPLICATION DEEMED REFUSED (1) An application for a development permit shall, at the option of the applicant, be deemed to be refused when a decision on the application is not made by the Development Officer or the Municipal Planning Commission within 40 days of the receipt of the completed application. As a result, the applicant may file an appeal to the Appeal Board. (2) A decision on a development application, by either the Development Officer or the Municipal Planning Commission, may be postponed and extended beyond the 40-day period provided the applicant is in agreement and has given his or her consent in writing. 17. PUBLIC NOTIFICATION - DEVELOPMENT PERMITS (1) Immediately after a development permit is approved for a Permitted Use or for a Discretionary Use by the Development Officer or Municipal Planning Commission, the Development Officer shall publish in a local newspaper a notice stating the location of the property for which the application has been approved and the use to be made of the land, and whether the application is eligible for public appeal. (2) The applicant shall immediately be notified of the decision in writing. (3) Public notice is not required for renewal of an existing permit, or for annual review permits. 19 (4) Class II Discretionary Use development applications which are located within the Tri-Area Intermunicipal Development Plan area, and outside of the hamlet boundaries, shall be circulated to the appropriate urban municipality for comments prior to making a decision. 18. RIGHT OF APPEAL (1) A person may appeal to the Appeal Board where: (a) the Development Officer or Municipal Planning Commission, i. refuses or fails to issue a Development Permit, or ii. issues a Development Permit, subject to conditions, or iii. issues an Order under the Act. (b) no decision on a Development Application is made within 40 days of receipt of the completed application, and an agreement providing consent from the applicant to postpone the decision, or to extend the timeline for a decision was not provided. (2) Any person affected by an order, decision or development permit made or issued by the Development Officer or Municipal Planning Commission, or as the case may be, other than a person having a right of appeal under subsection (1) may appeal to the Appeal Board in accordance with the Act and this Bylaw. (3) An appeal to the Appeal Board shall be commenced by serving written notice of the appeal on the Appeal Board within 21 days after: (a) in the case of an appeal made by a person referred to in subsection (1)(a), the date on which: i. the date on which the decision is made to issue the development permit, ii. after the date on which an order is made, iii. if no decision is made with respect to the application for a development permit within the 40-day period referred to in subsection (1)(b), or within any extension of that period within 21 days after the date the period or extensions expires: (b) in the case of an appeal referred to in subsection (2), the date on which the notice of the approval of the development permit is published in a newspaper circulating in the County; (c) an appeal fee, to be established by Council from time to time, shall accompany the appeal notice; (d) the appeal fee will be refunded to the successful appellant. 19. CERTAINTY OF USE (1) Where an application is for a permitted use in the land use districts for which the parcel is designated, the application shall not be refused by the Development Officer or Municipal Planning Commission on the grounds of use only. (2) Notwithstanding subsection 18(2), no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of the Land Use Bylaw were 20 relaxed, varied, or misinterpreted, or the development permit was deemed refused due to the lack of/or missing supporting information in the application to consider the application as being complete. 20. DEVELOPMENT AGREEMENTS (1) As a condition of a development permit being issued, the applicant may be required to enter into an agreement with Cypress County to do any or all of the following; (a) to construct or pay for the construction of a road required to give access to the development; (b) to construct or pay for the construction of i. a pedestrian walkway system to serve the development, or ii. pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development or both; (c) to install or pay for the installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development; (d) to construct or pay for the construction of i. off-street or other parking facilities, and ii. loading and unloading facilities; (e) to pay an off-site levy or redevelopment levy; (f) to give security to ensure that the terms of the agreement are carried out. (g) to provide for inclusionary housing in accordance with the Land Use Bylaw and the inclusionary housing regulation. (2) The Development Agreement pursuant to subsection (1) may, at the option of the County, be registered in the Land Titles Office in the form of a caveat against the certificate of title for the land that is the subject of the development agreement. (3) A caveat registered pursuant to subsection (2) shall be discharged by the County when the requirements and conditions of the agreement have been met. 21. VALIDITY OF DEVELOPMENT PERMITS (1) When an application for a development permit has been approved by the Development Officer or the Municipal Planning Commission, the development permit shall not be valid unless and until: (a) any conditions of approval, except those of a continuing nature, have been fulfilled, and (b) no notice of appeal has been served on the Appeal Board within the time period specified in Section 18 of this Bylaw. (2) Unless a development permit is: (a) specified by the Development Officer or the Municipal Planning Commission to remain in effect for less than 12 months; or 21 (b) suspended or cancelled; a development permit remains in effect for 12 months from the date of its issuance. (3) All development must be completed within two years of the date of issuance of a Development Permit. (4) The validity of a development permit may be extended by the Municipal Planning Commission. 22. DEVELOPMENT PERMIT TRANSFERS (1) A valid development permit is transferable where the use remains unchanged and the development is affected only by a change in ownership, tenancy or occupancy. (2) A development permit may only be transferrable without prior consent of: (a) the Development Officer if the permit was issued by the Development Officer in the first instance; or (b) the Municipal Planning Commission if the permit was issued by the Municipal Planning Commission in the first instance. 23. RIGHT TO REVOKE A DEVELOPMENT PERMIT (1) The Development Officer or the Municipal Planning Commission may revoke a development permit if: (a) there is a contravention of any condition under which such permit was issued; (b) the said permit was issued in error; (c) the said permit was issued on the basis of incorrect information. 24. SUBSEQUENT APPLICATIONS (1) Subject to subsection (2), if an application for a development permit is refused, another application for a permit on the same lot of land and for the same or similar use of land by the same or any other applicant shall not be accepted for at least six months after the date of refusal, or, if an appeal is made, six months from the date of the final determination of the appeal. (2) An application referred to in subsection (1) may be accepted by the Development Officer sooner than six months if it is for a permitted use and complies in all respects with this Bylaw. 25. ENFORCEMENT AND SUSPENSION OF A PERMIT (1) If a development authority finds that a development, or land use of a building is not in accordance with a development permit or subdivision approval, the development authority may, by written notice, order the owner, the person in possession of the land or building, or the person responsible for the contravention, or any or all of them, to (a) stop the development or use of the land or building in whole or part as directed by the notice; or 22 (b) demolish, remove or replace the development; or (c) carry out any other actions required by the notice so that the development or use of the land or building complies with the Land Use Bylaw or development permit or a subdivision approval within the time set out in the notice. (2) A person who receives an order referred to in subsection (1) may appeal to the Appeal Board. (3) The County may register a caveat under the Land Titles Act in respect of an order referred to in subsection (1) against the certificate of title for the land that is subject of the order. (4) If a person fails or refuses to comply with an order directed to him under subsection (1), or an order of the Appeal Board, the County may, in accordance with the Act, enter on the land or building and take any action necessary to carry out the order. (5) If a person refuses to allow the entry, inspection, or enforcement referred to in sub-section (4), the County may apply to the Court of Queen's Bench by way of originating notice, for an injunction or other order restraining a person from interfering with the entry, inspection, or any action necessary to carry out the order. A copy of the originating notice and a copy of each affidavit in support must be served at least 3 days before the day named in the notice for hearing the application. (6) Prosecution for non-compliance with this Bylaw may be commenced within two years of the occurrence of the offence. A person who is found guilty of an offence under the Act or this Bylaw is liable to a fine of not more than $10,000 or imprisonment for not more than a year, or both fine and imprisonment. (7) Pursuant to Section 7 of the Act, inspections may be conducted by the Development Officer and/or the Planning Advisor for the purposes of determining if a development permit or subdivision approval is being complied with in order to enforce the provisions of this Bylaw. 26. AMENDING BYLAWS (1) A person may apply to have this Bylaw amended to the appropriate land use district for the intended purposes by applying to the Council in writing, giving reasons in support of the amendment, and paying a fee as established by the Council. (2) The Council may at any time initiate an amendment to this Bylaw by directing the Planning Advisor or Development Officer to initiate an application. (3) All applications to amend the Bylaw shall be in a specified form, and shall include: (a) an applicable fee; (b) a duplicate certificate of title of the land; 23 (c) a detailed drawing of the proposed area to be amended; including parcel dimensions, and the number of lots being proposed, and their layout; (d) reasons for the proposed amendment. (4) Where the Council is of the opinion that an amendment is applicable to and for the benefit of the County at large, the Council may direct that the fee be returned to the applicant. (5) All amendments to this Bylaw shall be made by Council by Bylaw and in conformance with the Act. (6) Applications for amending Bylaws within the Tri-Area Intermunicipal Development Plan area shall be referred to the appropriate neighboring municipality for comment prior to approval. (7) Applications to amend the Bylaw, that require a subsequent subdivision application, shall be valid for a time limited period as set by the resolution of the Council from time to time. 24 PART IV SUBDIVISION PROCEDURES 27. REQUIREMENTS FOR A SUBDIVISION (1) Land Titles Office will not accept for registration an instrument that has the effect or may have the effect of subdividing a parcel of land unless the subdivision has been approved by a subdivision authority. (2) Notwithstanding subsection (1) but subject to subsection (4), a subdivision is not required if registration of the instrument results in the issuing of one or more certificates of title and the parcel of land described in each certificate of title so issued would consist only of any or all of the following: (a) a quarter section; (b) a river lot shown on an official plan as defined in the Surveys Act, that is filed or lodged in a land titles office; (c) a lake lot shown on an official plan as defined in the Surveys Act, that is filed or lodged in a land titles office; (d) a settlement lot shown on an official plan as defined in the Surveys Act, that is filed or lodged in a land titles office; (e) a part of the parcel of land described in the existing title if the boundaries of the part are shown and delineated on a plan of subdivision; (f) a parcel of land created pursuant to a bylaw passed by a municipality under Section 665 of the Act. (3) For the purpose of the subsection (2), a parcel of land is deemed to be a quarter section, river lot, lake lot, or settlement lot if the parcel of land would consist of a quarter section, river lot, lake lot or settlement lot except that land has been removed from the parcel of land by a subdivision effected only for a purpose referred to in the Act, or by a plan of subdivision, or any other instrument the effected a subdivision. (4) A subdivision is required for registration of a separation instrument or caveat that has the effect or may have the effect of subdividing a parcel of land (a) if the parcel of land is described in a plan of subdivision that was registered in a land titles office before July 1, 1950; and (b) if the parcel of land contains 2 or more lots one or more of which is less than 8.0 hectares in area. 28. SUBDIVISION APPLICATION (1) A person may apply to the County for subdivision approval in accordance with the subdivision and development regulations by submitting a proposed plan of subdivision or other instrument that describes the subdivision. (2) The Planning Advisor shall determine if a subdivision application is complete: 25 (a) within 20 days upon receipt of a subdivision application, determine whether the application is complete or not; (b) if the subdivision application is considered to be complete, then a letter must be sent to the applicant that the application is complete, and will be considered for approval by the appropriate approval authority; (c) if the subdivision application is deemed to be incomplete, then an agreement can be entered into with the developer to extend the time to allow the developer to provide the necessary information to make the application complete. If the application is not complete, then a notice is to be sent to the applicant requesting the outstanding documents and information to be provided within a specific date. If the applicant fails to submit the outstanding documents and information by the specified date, then the application is deemed refused. If the application is deemed to be refused, then the applicant may file a formal appeal with the Subdivision and Development Appeal Board; (d) despite that the appropriate subdivision approval authority has issued acknowledgement that the application is complete, the subdivision approval authority may request additional information or documentation from the application that the subdivision authority considers necessary to review the application. 29. PLANS AND INFORMATION REQUIRED (1) One (1) copy of the completed and signed application form which includes a section in which the applicant for subdivision approval gives consent to the municipality or its delegate for carrying out an inspection at a reasonable time of the land that is the subject of the application. (2) An application fee to be determined from time to time by resolution of Council. (3) One (1) copy of the current duplicate Certificate of Title for the land proposed for subdivision. (4) In the case of a subdivision proposal with not more than one new lot, and no public roadways or reserve lots, a sketch plan consisting of the following is required: (a) the location, dimensions and boundaries of the land to be subdivided; (b) the location, dimensions and boundaries of each new lot to be created; (c) the location, dimensions of buildings, utilities, underground storage tanks and other improvements on the land that is the subject of the application and specifying those buildings and improvements that are proposed to be demolished or moved; and (d) the use proposed for the land that is the subject of the application; (e) the method for provision of sewer and water to the proposed parcel; (f) the location of the proposed access to the public road. 26 (5) In the case of a subdivision application involving more than two lots, a proposed plan of subdivision drawn by a Land Surveyor to a scale of not less than 1:2000, consisting of the following is required; (a) the location, dimensions and boundaries of the land to be subdivided; (b) the land which the applicant wishes to register in the Land Titles Office; (c) the location, dimensions and boundaries of i. each new lot to be created; ii. the reserve land, if any; iii. all rights-of-way and easements; iv. internal access roads. (d) the location and dimensions of buildings and improvements on the land that is the subject of the application and specifying those buildings or improvements that are proposed to be demolished or moved; (e) the location of any existing or proposed railway lines or spur tracks; (f) the use or uses proposed for the land that is the subject of the application; (g) the method for provision of sewer and water to the proposed parcel. 30. TIME PERIOD FOR MAKING DECISIONS (1) A decision on an application for a subdivision must be made within: (a) 21 days from the date of receipt of a completed application under section 28 of the Bylaw; (b) 60 days from the date of receipt of all other applications; Unless an agreement to extend the time has been entered into with the subdivision authority within 14 days of the time prescribed. (2) When an applicant refuses to enter into a time extension agreement, the application is deemed refused and the applicant may appeal to the Appeal Board. 31. PUBLIC NOTIFICATION - SUBDIVISION APPLICATIONS (1) On receipt of an application for subdivision approval, the planning advisor must give a copy of the application to the various Government Departments, utility providers, persons and local authorities required by the subdivision and development regulations, and affected neighboring urban municipalities under the policies of the Tri-Area Intermunicipal Development Plan. (2) On receipt of an application for subdivision approval, the planning advisor must give notice of the application to owners of land located adjacent to the land that is the subject of the application. (3) The notice under subsection (2) must describe the nature of the application, the method of obtaining further information about the application, and the manner and time that written submissions may be made to the subdivision authority. (4) A subdivision authority when considering an application under this section: 27 (a) must consider the written submissions of those persons and local authorities to whom an application for subdivision approval or notice of application was given in the subdivision and development regulations; and (b) is not required to hold a hearing. 32. CONDITIONS OF SUBDIVISION APPROVAL (1) A subdivision authority may impose conditions to ensure that the requirements of the Act, the regulations, the statutory plans and the Bylaws are complied with. (2) As a condition of a subdivision approval, the subdivision authority may impose a condition to the developer to enter into an agreement with Cypress County to do any or all of the following; (a) to construct or pay for the construction of a road required to give access to the development; (b) to construct or pay for the construction of i. a pedestrian walkway system to serve the development, or ii. pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development, or both; (c) to install or pay for the installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development; (d) to construct or pay for the construction of i. off-street or other parking facilities, and ii. loading and unloading facilities; (e) to pay an off-site levy or redevelopment levy; (f) to give security to ensure that the terms of the agreement are carried out; (g) to provide inclusionary housing in accordance with the Land Use Bylaw and the inclusionary housing regulation. 33. RIGHT OF APPEAL (1) A decision of a subdivision authority must state (a) whether an appeal lies to a Subdivision and Appeal Board or to Municipal Government Board; and (b) if an application for subdivision approval is refused, the reasons for the refusal. (2) The decision of a subdivision authority may be appealed by: (a) the applicant for the approval; (b) a government department which is entitled to a referral under Section 31(1) of the Bylaw; (c) a school authority with respect to the allocation, location, or amount of school reserve. 28 (3) An appeal may be commenced by filing a notice of appeal with the appropriate appeal body within 14 days of receipt of the written decision of the subdivision authority (deemed to be 5 7 days from the date the decision is mailed), or the date that the application is deemed refused. (4) An appeal fee, to be established by Council from time to time, shall accompany the appeal notice. The appeal fee will be refunded to the successful appellant. 34. SUBSEQUENT APPLICATIONS (1) If an application for subdivision approval is refused, the subdivision authority may refuse to accept for consideration with respect to the same land or part of the same land, a further application for subdivision approval submitted to it within the 6-month period after the date of the subdivision authority's decision to refuse the application. 35. ENDORSEMENT OF FINAL PLANS AND SEPARATION DOCUMENTS (1) An applicant for subdivision approval must submit to the planning advisor the plan of subdivision or other instrument that effects the subdivision within one year of the latest of the following dates: (a) the date on which the subdivision approval is given to the application; (b) if there is an appeal to the Appeal Board or the Municipal Government Board, the date of that Board's decision or the date on which the appeal is discontinued; (c) if there is an appeal to the Court of Appeal under the Act, the date on which the judgement of the Court is entered or the date on which the appeal is discontinued. (2) On being satisfied that a plan of subdivision or other instrument complies with a subdivision approval and that any conditions imposed have been met or will be met, the planning advisor must endorse the plan or other instrument in accordance with the subdivision and development regulations. 36. VALIDITY OF SUBDIVISION APPROVALS (1) If the plan of subdivision or other instrument is not submitted to the subdivision authority within one year or any longer period authorized by the subdivision authority, the subdivision approval is void. (2) If the plan of subdivision or other instrument is not registered in the Land Titles Office within one year after the date on which it is endorsed or any longer period authorized by the subdivision authority, the subdivision approval of the plan or instrument and the endorsement are void and the plan or instrument may not be accepted by a Registrar for registration. (3) The subdivision authority is authorized to approve a time extension for a plan of subdivision upon the written request by the applicant. The time extension request is to be accompanied by the appropriate fee, as established by Council from time to time, whenever 29 it is deemed necessary as set out in the municipality's schedule for fees. 37. HIERARCHY OF PLANNING DOCUMENTS AND PROCESSES Municipal Government Act Municipal Development Plan "MDP" Intermunicipal Development Plan "IDP" Area Structure Plans "ASP" (if applicable) Land Use Bylaw "LUB" Application for Subdivision Development Permit Application Obtain necessary Building Permits from Authorized Accredited Agency Land Use Reclassification South Saskatchewan Regional Plan 30 PART V GENERAL LAND USE REGULATIONS 38. USE OF LAND (1) On receipt of a development permit, a person may develop land for the purposes approved subject to meeting the regulations and any conditions imposed and shall not develop land otherwise. 39. COMPLIANCE WITH OTHER LEGISLATION (1) Nothing in this Bylaw affects the duty or obligation of a person: (a) to obtain any other permit, license or other authorization required by any act or regulation, or under any other Bylaw; or (b) to comply with the conditions of any easement, covenant, or agreement affecting the building or land. 40. SUB-STANDARD LOTS (1) Development of existing lots which are contained in an existing Certificate of Title and do not meet the minimum size requirements or any other requirements of this Bylaw will be considered by the Municipal Planning Commission as a Discretionary Use. 41. RECLASSIFICATION OF LAND (1) No development permit may be issued on any land within any Agricultural Land Use District which would result in more than one discretionary use per quarter section which would be more appropriately located within another Land Use District unless the parcel has been reclassified. 42. DWELLING UNITS ALLOWED ON A PARCEL (1) A development permit may be issued for a second or additional dwelling unit on a parcel if the dwelling unit (a) is approved by the Municipal Planning Commission as a Class II Discretionary Use; or (b) is contained in a building that is designed for or divided into two or more dwelling units, and is located in a land use district which permits semi-detached dwellings or multi-unit dwellings; or (c) results in three or more mobile homes forming part of a mobile home park for which a development permit has been issued; or (d) is an approved garden suite. (2) Within an Agricultural District, existing second dwellings or mobile homes which have been permitted for agricultural use on a parcel of 32.376 hectares (80 acres) or more, and are located within an established farmstead and building site, will not be eligible to be included within land use amendment and subdivision proposals for farmstead separations. Only one dwelling will be eligible to be included within a farmstead separation proposal. 31 43. DRAINAGE AND SITE COVERAGE IN HAMLETS (1) Each parcel in a hamlet shall be graded so that storm water does not drain onto an adjoining property unless permitted by prior agreement or past precedent. (2) Within hamlets, the Development Officer may specify an elevation at which any new development may be constructed in order to facilitate proper site drainage and attachment to any existing or proposed sewer system. (3) To ensure that the storm drainage system is not overloaded, the percentage of site coverage of a lot for all buildings and hard surfacing should not exceed the percentage specified for the Land Use District. (4) A Development Permit will be required for all hard surfacing. (5) Consideration will be given to increasing site coverage beyond the stated maximum where the development application is supported by a storm water management plan, prepared by an accredited member of the Association of Professional Engineers and Geoscientists of Alberta, which retains storm run-off beyond the additional site coverage on the lot by means of on-site storage or infiltration from a 1:100 year rain event, or by means of additional storm water capacity in the storm water infrastructure. Development permits which are revised from the original development permit that was issued for the dwelling, attached garage, and driveway, resulting from the submission of a supported storm water management plan to allow increased site coverage, shall not require additional public notice. (6) To ensure that the storm drainage system is not impeded, a County approval will be required for all new approaches and culverts that are installed on a lot. 44. LANDSCAPING (1) Within hamlets, undeveloped lots shall be seeded to a cover crop within the first year after development, then sprayed and mowed periodically to minimize weed growth. (2) Once development proceeds, landscaping of lots within hamlets shall be carried out within two years of the date a Development Permit is issued. (3) Within Recreational/Residential Resort Districts, the type, quantity, and quality of landscaping shall be set out in a development agreement between the developer and the land owner. (4) All sites required to be landscaped shall be contoured so that surface drainage is not directed onto an adjoining lot unless there is a pre-existing drainage course, or the right-of- way is protected by a drainage easement agreement. 32 (5) Any portion of a residential site not used for buildings, parking or loading areas, driveways or approved storage shall be properly constructed and maintained as a landscaped area, and such an area shall not be less than that prescribed by land use district regulations. (6) Within residential districts, the banks of reservoirs and dugouts shall be contoured and landscaped to the satisfaction of the Development Officer. (7) In addition to any other provisions of this Bylaw, landfill sites, gravel pits, sewage lagoons and sewage treatment plants, industrial storage yards, and other similar forms of development may be required to be screened from view by a vegetated buffer strip or some other form of screening. (8) Within all land use districts, it is the responsibility of the property owner to ensure that any and/or all parts of a tree, shrub, or bush do not overhang, grow or protrude onto a public right of way causing an encroachment. 45. BUILDING DESIGN, CHARACTER AND APPEARANCE (1) The Development Officer or Municipal Planning Commission may impose conditions to ensure: (a) that the design, character and appearance of a building is compatible with other buildings in the vicinity unless it is setting a new standard of design, character and appearance for the land use district or a particular locality of it; (b) that the design, character and appearance of the building is consistent with the purpose of the land use district in which the building is located; (c) that a development complies with any provision of a statutory plan applicable to the design, character and appearance of the building in the district. 46. GARDEN SUITE REGULATIONS (1) The Development Authority shall not approve a development permit for a garden suite unless, in its opinion, it is satisfied that the garden suite is suitable, harmonious, appropriate and compatible with the physical characteristics/capability of the parcel and the existing residential quality of life in the neighborhood and/or multi-parcel residential subdivision. It is preferable that the garden suite be mobile for ease of removal. (2) Notwithstanding the provisions of Section 45 but in accordance with Section 42, the Development Authority shall, in its opinion, be satisfied that there exists on the hosting parcel, a suitable development site upon which to site the garden suite. The Development Authority shall be satisfied that the garden suite can and will be properly connected to services (examples, gas, power, water, sewage disposal) associated with the existing host residence without jeopardizing existing services associated with either the hosting parcel or adjacent and neighboring parcels. 33 (3) A garden suite shall be designed, sited, constructed, finished and sided in a manner that is visually compatible, in the opinion of the Development Authority, with the residential character of adjacent and neighboring lands and the neighborhood in general. (4) The following siting guidelines may be considered by the Development Authority: (a) the suite should not be placed in the front yard; (b) the suite should not be placed on any easements and shall not be placed over a utility line; (c) the suite should not be placed in a manner which could obstruct the view from a house on an adjacent property; (d) the suite shall be sited in accordance with all setback regulations; (e) the site should be graded to avoid ponding under or around the suite. (5) A garden suite shall adhere to the following requirements to be considered by the Development Authority; (a) the maximum floor area for the suite shall not exceed 79 m2 (850 ft2); (b) the suite shall be limited to a single story; (c) the suite shall be in compliance with all other regulations contained within this Bylaw, including site coverage within hamlets. (6) Any permit issued for a garden suite shall be issued on a time limited permit basis, for a period of time not to exceed 5 years. Upon expiration of the permit, the structure shall be removed or converted to a non-residential use to the satisfaction of the County. (7) Development permit applications for a garden suite may require the submission of a sworn affidavit verifying the identity and age of the occupants of the garden suite indicating their family relationship to the supporting host family currently residing on the parcel. (8) It shall be required, as a condition of issuing a development permit approval, that the applicant enter into a development agreement with the County to ensure compliance with the occupancy requirements associated with the garden suite. The agreement shall be registered against the property title by caveat. The caveat will be discharged once the garden suite is no longer required for its intended use and has been removed or converted to a non-residential use to the satisfaction of the County. 47. GENERAL MAINTENANCE (1) All sites at all times shall be maintained clean and free from waste and debris. (2) All doors and windows shall open within the bounds of the site. (3) All roof drainage shall be directed onto the lot or as required by the Municipal Planning Commission. 48. MINIMUM SETBACK REQUIREMENTS Unless otherwise specified in this Bylaw, the following setbacks from roads shall apply: 34 (1) No part of a building or structure shall be located within: (a) 40 metres (130 feet) of the center line of any public roadway which is not designated as a Provincial Highway; (b) 10 metres (32.8 feet) from the right-of-way of a public service road constructed adjacent to a public roadway. (2) Setbacks for development within 1.6 km of a Provincial Highway shall be determined by Alberta Transportation on a site specified basis. Special standards for setbacks, access, and service roadways may be required by Alberta Transportation where any parcel or part of a parcel has frontage onto a Provincial Highway. NOTE: Pursuant to Subdivision and Development Regulation 43/2002, all development within 1.6 km from the centre line of a Provincial Highway where the posted speed limit is 80 kilometres per hour or greater, unless a lesser distance is agreed to by the Deputy Minister of Transportation and the municipality in which the land that is the subject of the application is located, shall require the appropriate approval from Alberta Transportation. (3) Gas well heads must be setback a minimum of 50 metres (164 feet) from the edge of a public roadway which is not designated as a Provincial Highway. Any setback relaxation from a County road allowance will require approval from the County Council. (4) Right of ways containing pipelines and electric transmission lines must be setback a minimum of 30 metres (98 feet) from the edge of a public roadway right-of-way which is not designated as a Provincial Highway. 49. ACCESS AND SIGHT DISTANCES FOR ROAD APPROACHES (1) In the rural areas, the number of approaches from either side of local roads shall be approved at the discretion of the Public Works Department. Each parcel will be entitled to one access approach. (2) Access points adjacent to blind corners, hills, ridges, railway crossings, and any other obstructions shall be positioned so as to provide a reasonably unobstructed view in either direction of 100 metres (328 feet) on a public road not designated as a Provincial Highway. (3) The requirement of a public service road or subdivision street to provide access may be imposed as a condition of approval for any new development other than those deemed approved. (4) Construction and survey costs for a public service road shall be the responsibility of the applicant. (5) The construction of any and all new access approaches requires approval from the County, and must be constructed in accordance with the County's road approach specifications. 35 50. KEEPING OF LIVESTOCK ON PARCELS (1) On country residential and agricultural parcels containing less than 40 acres, the number of livestock permitted without a development permit shall not exceed 1 livestock manure equivalent per acre. The number of animals equivalent to 1 livestock manure equivalent shall be in accordance with the following table: Type Of Animal Number Of Animals Cattle: Dairy Cows 0.8 Cows Or Bulls 1.0 Feeder Cattle 1.5 Replacement Heifers 2.0 Calves 5.0 Swine Sows - farrow to weaning (includes gilts suckling 18 kg (40lbs) 3.0 Feeder Hogs 54 kg (120 lbs) 5.0 Weiner Hogs less than 20 kg (40 lbs) 15.0 Sow, Farrow To Finish 0.5 Poultry Hens, Cockerels 125.0 Chicks, Broilers 250.0 Turkey Hens, Heavies 75.0 Turkey Toms, Heavies 50.0 Turkey Broilers 100.0 Sheep 5.0 Horses 1.0 Mink 80.0 Rabbits 40.0 Ostriches 5.0 Llamas 2.0 Elk 1.5 Bison 1.0 Livestock Manure equivalency for other species will be calculated on the basis of live weight. (2) The enclosure of more than 5 animal units in confinement for more than 30 days at a density higher than 90 m2 (968 ft2) per animal unit shall not be permitted within 300 metres of a Country Residential District containing 6 or more lots. (3) The keeping of livestock not in accordance with sub-section 50(1) or 50(2) shall only be allowed upon the issuance of a development permit, where the applicant has made adequate arrangements for the maintenance of the animals and the disposal of manure in an acceptable manner. 36 (4) No keeping of livestock shall be approved in Hamlet Districts unless otherwise stated in the specific Land Use District, or as approved by the Municipal Planning Commission. 51. FENCES AND TREES IN HAMLETS (1) The maximum height of any fence in a residential area shall be 2 metres (6.6 feet). No continuous fence, wall, vegetation, or any combination which might restrict vision shall extend more than 1 metre above the ground within a front or flankage yard without a development permit being issued by the Municipal Planning Commission. Chain link fences and ornamental trees arranged in a single mass, not exceeding 5 metres in width, or individual trees spaced a minimum of 5 metres apart are not subject to this requirement but are subject to the requirements of subsection (2). (2) At the intersection of two streets, no fence, wall, tree, bush, or structure more than 1 metre (3.3 feet) in height shall be erected, placed or maintained within the 7.5 metre front setback area or the 3.0 metre flankage setback area along these two property lines from the corner. (3) In a residential area, wooden fences shall be constructed of painted lumber which is to be sawn on four sides. IN RURAL AREAS (4) In rural areas along public roadways and Provincial Highways, no fence, hedge or shelter belt shall be constructed which would unduly restrict the vision of approaching traffic or an oncoming train. 52. PROJECTION OVER YARDS (1) Except as provided in this part, no portion of the principal building shall project onto the minimum setbacks required by the land use district regulations. 37 (2) Those portions of a principal building which may project onto a minimum setback on a property are: (a) a cornice, a sill, a canopy, fireplace, eaves, air conditioning unit, or chimney which projects not more than one half of the minimum side setback required for the lot; (b) an unenclosed verandah or deck, porch, balcony, fireplace, or chimney which projects not more than 1.5 metres (5 feet) over or on a minimum front or rear setback; (c) unenclosed steps with or without a landing and above the surface of the setback if they do not project more than 2.5 metres (8 feet). 53. OBJECTS AND STRUCTURES PROHIBITED OR RESTRICTED IN YARDS (1) No person shall allow a motor vehicle which has all or part of its superstructure removed, or a motor vehicle which is in a dilapidated or unsightly condition to remain or be parked on a parcel in a residential district, or within 30 metres (100 feet) of a public roadway in an agricultural district unless it is suitably housed or screened to the satisfaction of the Development Officer. (2) No person shall keep or permit in any Hamlet Residential, Country Residential, or Recreation/Residential Resort District. (a) any dismantled or wrecked vehicle for more than 14 successive days; (b) any object or chattel which, in the opinion of the Peace Officer is unsightly or tends to adversely affect the amenities of the District; (c) the storage of materials used in the construction of a development beyond the period which in the opinion of the Development Officer is necessary for the completion of a particular stage of construction work. (3) Not more than two recreational vehicles shall be stored or parked on a parcel unless otherwise specified in the land use district or as approved by the Municipal Planning Commission. (4) A recreational vehicle parked on a lot in any district shall not be used for permanent living or sleeping accommodation. (5) Coverall buildings, regardless of their size, shall not be allowed as either a permitted or discretionary use within any of the Hamlet Residential Districts. (6) Within the various country residential districts, solid wall, fenced, storage compounds will be allowed provided that the location is behind the principal building, that the enclosed area does not exceed 400 m2, and the construction materials used for the compound walls consist of painted lumber sawn on four sides or pre-finished panels a minimum of 2 metres in height. 38 (7) In all residential districts, outdoor private swimming pools shall be developed in full compliance with the Safety Codes Act and shall be regulated as follows; (a) the entire area of an outdoor pool shall be protected by a fence, building wall or enclosure that can prevent access by unauthorized persons, and its height above the ground level shall not be less than 1.8 metres; (b) an opening for access through a fence around a swimming pool shall be protected by a gate that is the same height as the fence, is equipped with a self-closing device, on the inside of the gate that is located not less than 1.5 metres above the ground level, and is capable of being locked; (c) the pool is not to be filled with water or put into use until the fencing and security around the pool has been completed to the satisfaction of the Development Officer; (d) if the pool is equipped with a secure, retractable cover, then the fencing requirements to prevent access will be at the discretion of the development authority. (e) above ground seasonal swimming pools, whether seasonal or permanent, shall require the issuance of a development permit; (f) seasonal swimming pools shall require the issuance of a one-time development permit. 54. DEVELOPMENT PERMIT FOR TEMPORARY BUILDINGS OR STRUCTURES (1) Notwithstanding anything in this Bylaw, the Municipal Planning Commission may conditionally approve a temporary building or structure to be constructed or located in any land use district, for a time limited basis, subject to the owner agreeing to remove the building or structure in accordance with the terms and conditions affixed by the Municipal Planning Commission. 55. NON-CONFORMING USES AND BUILDINGS (1) A non-conforming use of land or a non-conforming use of a building may be continued but if that use is discontinued for a period of six consecutive months or more, any future use of the land or buildings must conform with the provisions of this Bylaw. (2) A non-conforming use of part of a lot shall not be extended or transferred in whole or part to any other part of the lot and no additional buildings shall be erected upon the lot while the non-conforming use continues. (3) A non-conforming use of part of a building may be extended throughout the building, whether or not it is a non-conforming building. (4) 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 may be necessary to make it a conforming building; or (b) as the Development Officer or the Municipal Planning Commission considers necessary for the routine maintenance of the building; or 39 (c) as the Municipal Planning Commission approves for minor alterations up to a maximum of 10% of the value of the building. (5) If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in accordance with the provisions of this Bylaw. (6) The status of a non-conforming use of land or the non-conforming use of a building is not affected by reason only of a change of ownership, tenancy or occupancy of the land or building. 56. SETBACKS FROM RIVER VALLEYS AND COULEES (1) In all land use districts, development which occurs on land bordering a coulee or ravine shall be regulated. (2) For purposes of this section, the term "coulee" is defined as any hill side or escarpment having an average slope or greater than 30% between upper and lower coulee breaks. The term "coulee break" is defined as those points located at the top and bottom of a slope where the angle of depression or the angle of elevation begins to exceed 15%. (See Figure 4) (3) All coulee and river valley setbacks will be determined in accordance with the following guidelines: 40 General Guidelines For The Setback Of Lot Boundaries From A Coulee Crest Or River Valley Where The Grade Of The Adjacent Valley Bank Exceeds 15% LOT BOUNDARY SETBACK Slope Factor H x 1.0 H x 1.5 H x 2.0 Lateral River Erosion Of Toe Of Slope No Erosion Minor Active Erosion Major Active Erosion Slope Steepness >15 to 50% 51 to 100% More Than 100% (>8.5 to 26.6 degrees) (27.0 to 45 degrees) Slope Failure On Bank No Disturbance To Major Disturbance Moderate Past & Existing Anthropogenic Disturbance No Disturbance To Major Disturbance Moderate Proposed Anthropogenic Disturbance Minor To Moderate Major Disturbance Disturbance 1. The valley bank height (H) is defined as the vertical distance from the valley crest to the toe of the slope. The toe of the slope may be found either where the valley bank meets a terrace or where it directly enters the water course. 2. An abandoned slope with the toe protected by a terrace. 3. Occurs on an outside bend of a river, meander or opposite an island. 4. Minor refers to shallow slope failures, minor sloughing. 5. Major refers to deep seated slope failures involving the entire valley bank. 6. Man-induced disturbance such as excavating, filling, re-contouring, drainage works, reservoirs, mining and tunneling, utilities and roads. (4) A shorter setback may be permitted when it is supported by a site investigation by a qualified geotechnical engineer. (5) A restrictive covenant may be registered that stipulates that there is to be no ground disturbance of any kind within 10 metres (32 feet) of the point wherever the slope of the coulee exceeds 15%. (6) The developer may be expected to provide a professional surveyor's diagram that identifies the building setback line of 10 metres (32 feet) from the coulee break line wherever the slope exceeds 15%. 57. SETBACKS FROM WATER BODIES (1) For purposes of this section, the term water body refers to any river, lake, pond, reservoir, creek, canal or drainage right-of-way whether natural or man-made. All setbacks are to be measured from the normal high water mark of the water body. 41 (2) In all land use districts, development which occurs on land bordering a water body shall be regulated. Where the water body: (a) is less than 16 hectares (40 acres), development shall be set back from the shoreline 30 metres (100 feet); (b) is greater than 16 hectares (40 acres), development shall be set back from the shoreline 60 metres (200 feet); (3) (a) In all land use districts, no permanent buildings or structures shall be built within the 1:100 year flood plain. Since limited documents exist for Cypress County defining the 1:100 year flood plain, any person wanting to locate permanent buildings or structures in a potential flood area, must supply a certified declaration by a person who is qualified water engineer to do so, showing the 1:100 year flood plain, to ensure that the development lies outside of that area. (b) In spite of Section 56(3)(a), a developer may apply for a development that is proposed and located in an area where there is risk of significant flooding and damage to property, providing that the developer enter into a restrictive covenant and indemnify agreement between the developer and the County, to forego the risks by the developer, and future owners, and, subject to approval by the Municipal Planning Commission, to proceed with the development. The municipality will register the agreement against the title of the property affected for future reference purposes. (4) Development adjacent to an irrigation district canal or irrigation district drainage right-of- way must not interfere with proposed plans for future canal upgrading. A minimum distance of 30 metres (100 feet) is required. A lesser setback than what is required may be permitted when it is supported by written approval from the irrigation district. 58. SETBACKS FROM GAS AND OIL WELLS (1) An application for subdivision or development must not be approved if it would result in a permanent overnight accommodation, business or public facility being constructed within 100 metres of an active gas or oil well unless the development would be within a lesser distance approved in writing by the Alberta Energy Regulator. (2) For the purposes of this section, distances are measured from the well head to the wall of the proposed building site. 59. SHELTERBELTS AND ORNAMENTAL TREES (1) Shelterbelts are planted in such a manner as to provide shelter from the wind and to prevent soil erosion. They are commonly planted around the edges of fields on farms. (2) Shelterbelts shall conform to the setback requirements as specified in Section 48 of this Bylaw. 42 (3) "Ornamental Trees" means a single row of coniferous or deciduous trees with a minimum spacing of 5 metres (16 feet) located in front of a country residence or farmstead extending for a maximum distance of 100 metres (328 feet) adjacent to a local road or road allowance. (4) To allow for future road widening, ornamental trees shall be set back a minimum of 20 metres (66 feet) from the centre line of a rural road allowance. 60. SMALL SCALE WIND ENERGY FACILITY (SWEF) (1) An application for a SWEF shall be accompanied by: (a) manufacturer's information on the power generation equipment and the tower; (b) appropriate letter or approval of Navigation Canada if deemed necessary; (c) in land use districts where the use is discretionary, noise data that provides an analysis for noise to any residences that may be located on adjacent properties; (d) other information that may be required by the Development Authority. (2) A SWEF shall have a minimum setback of 4 times the total height of the system from any adjacent residence. The setback distance may be varied as an approval condition by the Municipal Planning Commission where it is deemed necessary. (3) Where energy generation is to be provided to the local electric supplier, written approval from the local electric supplier is to be submitted to the municipality at the time of submitting the development application. (4) The minimum ground clearance for tower mounted turbine blades is 4.8 metres (16 feet). (5) The turbine shall be positioned so that the tip of the turbine's blade is entirely within the property for which the turbine has been placed. (6) The applicant/owner/operator may be required to provide an irrevocable letter of credit as security to ensure any and all approval conditions are fully complied with. Once the approval conditions have been complied with, the irrevocable letter of credit will be released back to the applicant/owner/operator. 61. SOLAR ENERGY REGULATIONS (1) A development permit will be required for all commercial, solar energy production facilities that are intended to generate electricity which is to be sold and transmitted into an electrical distribution system for commercial sale. Commercial, solar energy production facilities shall be considered within the Agricultural IDP District 1, Agricultural District 2, and Industrial District as a discretionary use. (2) The developer may be responsible to obtain the necessary approvals from both the Alberta Utilities Commission as well as the commercial, electric distribution company, and provide copies of the approval documents as part of the development approval. 43 (3) The developer will be responsible to obtain the necessary inspections and commercial approvals from an authorized inspection agency under the Safety Codes Act as required for any of the equipment or infrastructure associated with a solar energy facility. (4) All equipment and infrastructure associated with a commercial, solar energy facility must comply with the setback distances outlined in Section 48, as well as those setbacks specified in the particular Land Use District in which the commercial, solar energy facility is located. Provincial approval will also be required for installation within 0.8 km of a Provincial Highway. (5) When a commercial, solar energy facility is decommissioned, the land owner will be required to return the solar energy facility location to the same land capability and quality as it was prior to the installation of any of the solar energy equipment. As part of the development application process, the development authority will ask the applicant to submit a detailed decommissioning plan to support the development application. (6) Any ground, building, or roof mounted solar energy panels and equipment, that are less than 2.3 m2 (25 ft2), and are used solely for personal or individual energy generation purposes shall not require a development permit. However, they shall be required to meet the necessary setbacks that are specified in the particular Land Use District in which it is located. Otherwise, any ground, building, or roof mounted solar energy panels and equipment, solely for personal use, larger than 2.3 m2 (25 ft2) and which require a development permit shall be considered a discretionary use. (7) Any solar energy panels and associated equipment, for commercial or private use, shall not be positioned so as to cause any unnecessary glare or disturbance to any adjacent residence, or to any nearby public roadway. Any ground mounted solar panel shall not exceed 4.57 metres (15 feet) in height above the existing grade. 62. STORAGE CONTAINER REGULATIONS (1) Storage containers shall be considered as an accessory use within the various Land Use Districts, and shall be used for storage purposes only. (2) A development permit will not be required for the placement of up to two storage containers, but will be required for the placement of three or more storage containers, as a Class 1 Discretionary Use, within the following Land Use Districts; Agricultural District 1 (A-1 IDP) Agricultural District 2 (A-2 General Agriculture) Agricultural District 3 (A-3 Horticulture) Agricultural District 4 (A-4 Greenhouse) Hamlet Industrial District (HI) Industrial District (I) 44 Light Industrial District (LI) While a development permit is not required for the placement of two or less storage containers in any of the above Districts, it is expected that the exterior finish of the storage container is to match or compliment the exterior finish of the principal building, or is to be compatible with the surrounding area. (3) A development permit will be required for the placement of a single storage container as a Class I Discretionary Use, within the following Land Use Districts; Country Residential District (CR), Country Residential District (CR-2), Limited Country Residential IDP District (CR-IDP), Country Residential Farmstead Separation District (CR-FS), Country Residential Multi-Unit Dwelling District (CR-MUD); Cypress Hills Fringe District (CHF), Highway Commercial District (HWY-C), Hamlet Commercial District (HC), Public and Semi-Public Service District (PS), Recreation Facility District (RF), Rural Commercial District (RC), Seasonal Residence District (SR), Wind Energy Facility District (WEF). Approval from the Municipal Planning Commission, as a Class II Discretionary Use, will be required before the placement of two or more storage containers will be allowed within any of the above Districts. (4) The placement of a storage container must comply with all other aspects of this Bylaw including the minimum setback distances from the various property lines which would be required for an accessory building in that District. (5) The Development Officer or Municipal Planning Commission may impose the following conditions upon the issuance of a development permit, as a discretionary use, as follows: (a) where more than one storage container is allowed, the containers are not to be stacked on top of each other, (b) the exterior finish of the storage container is to match or compliment the exterior finish of the principal building, or must be screened from view to the satisfaction of the Development Officer or Municipal Planning Commission. (6) A storage container will not be allowed as either a permitted or discretionary use in any of the Hamlet Residential Districts, the Hamlet General District, or the Recreation/Residential Resort District (RRR). Storage containers will be at the discretion of the County Council in any Direct Control District. 45 63. OFF-STREET PARKING REGULATIONS (1) Off-street parking shall be provided in accordance with the type of development proposed. Depending upon the appropriate approval authority, the number of parking stalls shall be determined by either the Development Officer or the Municipal Planning Commission having regard to the following; Retail and/or Commercial Development - Restaurant, café or diner: 1 stall per 4 seats, plus 1 stall per employee, - Retail store: 1 stall per 37.16 m2 or 400 ft2, plus 1 stall per employee, - Antique store: 1 stall per 37.16 m2 or 400 ft2, plus 1 stall per employee, - Market garden: 1 stall per 37.16 m2 or 400 ft2, plus 1 stall per employee, - Financial institution or insurance agency 37.16 m2 or 400 ft2, plus 1 stall per employee, - Office: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee, - Bed and breakfast: 1 stall per guest room, plus 2 stalls per dwelling, - Day care facility: 1 stall per 4 children, plus 1 stall per employee, - Post office: 1 stall per 27.87 m2 or 300 ft2, plus 1 stall per employee, - Dwelling: 2 stalls per dwelling, - Automotive sales and/or repairs: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee, - Recreational vehicle sales, repairs, storage: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Convenience store and gas station: 1 stall per 27.87 m2 or 300 ft2, plus 1 stall per employee, - Car wash: 1 stall per employee, - Motel, inn, or hotel: 1 stall per guest room, plus 1 stall per employee, - Liquor store, pub, and other licensed premise: 1 stall per each 2 seating spaces, plus 1 stall per employee, - Animal boarding kennel: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee, - Veterinary clinic: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee, - Auction mart: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Paint ball recreation area: as required by the development authority, - Amusement area and facility: 1 stall per 27.87 m2 or 300 ft2, plus 1 stall per employee, - Mini-storage facility: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Medical clinic: 1 stall per medical examination room, and 1 stall per employee, - Funeral home service: 1 stall per 4 seats, plus 1 stall per employee, - Licensed medical marihuana production facility: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee - Public buildings and uses: 1 stall per 37.16 m2 or 400 ft2, plus 1 stall per employee, - Quasi-public buildings and uses: 1 stall per 37.16 m2 or 400 ft2, plus 1 stall per employee, - Other uses consistent with the Definition or General Purpose of the applicable Land Use District as approved by the appropriate development authority. Industrial and/or Light Industrial Development - Home occupation: as required by the development authority, - Automotive repair, auto-body, and paint shops: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee, - Building supply sales (wholesale): 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Contractor services: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, 46 - Farm equipment sales and services: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Manufacturing (light): 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Manufacturing (heavy): 1 stall per 92.90 m2 or 1000 ft2, - Welding and repair shop: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Gas/oil well servicing operations: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Bulk fuel, oil, or fertilizer storage: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee, - Storage and maintenance yards: 1 stall per 46.45 m2 or 1000 ft2, - Trucking and freight terminals: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Warehouse: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Auto wrecker and salvage yard: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Sand, gravel, asphalt, and concrete yard: 1 stall per employee, - Wholesale warehouse: 1 stall per 65.03 m2 or 700 ft2, plus 1 stall per employee, - Licensed medical marihuana production facility: 1 stall per 46.45 m2 or 500 ft2, plus 1 stall per employee. (2) One loading space shall be required for each loading door. (3) Off-street parking areas shall be designed and constructed in a manner which provides orderly parking, and will accommodate adequate drainage, snow removal, and maintenance. (4) Parking spaces for physically disabled and handicapped individuals shall be located as close as possible to ramps, walkways, and building entrances. (5) The appropriate development authority may require, as a condition of the development approval, that the parking areas or portions thereof be properly gravelled or hard surfaced. (6) A multiple use development must provide adequate parking in an amount equal to the number of spaces for all uses, except where a shared parking provision is approved by the development authority. A shared parking provision between two or more uses must include a written agreement between the applicable owners, and a caveat shall be registered against the title to guarantee the continuous use of the site for parking for all approved uses. 64. LICENSED MEDICAL CANNABIS PRODUCTION FACILITY (1) A licensed medical cannabis production facility site means the lot(s) or parcel(s) on which the facility is located or is proposed to be located. (2) A licensed medical cannabis production facility site shall meet the minimum separation distance of 100 metres (328 feet) from an existing dwelling or school. The distance shall be measured as the shortest distance from the wall of the dwelling or the property line of the school to the nearest property line of the licensed medical cannabis production facility. 47 (3) Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations, and/or shall be determined by the Municipal Planning Commission. (4) Any new dwellings or schools that are approved and constructed after the issuance of a development permit for a licensed medical cannabis production facility shall be required to meet the minimum separation distance of 100 metres (328 feet). The distance shall be measured as the shortest distance from the wall of the dwelling or property line of the school to the property line of the established licensed medical cannabis production facility. (5) A development permit will be required for the development of a licensed medical cannabis production facility, as a Class II Discretionary Use, within the following Land Use Districts; Hamlet Industrial District (HI), Light Industrial District (LI), Industrial District (I). (6) The developer of a proposed licensed medical cannabis production facility, as part of their development approval, must provide a copy of a valid Producer's License that has been issued by the Minister of Justice in accordance with the Access to Cannabis for Medical Purposes Regulations. 65. LICENSED CANNABIS PRODUCTION FACILITY (1) A licensed cannabis production facility site means the lot(s) or parcel(s) on which the facility is located or is proposed to be located. (2) A licensed cannabis production facility site shall meet the minimum separation distance of 100 metres (328 feet) from an existing dwelling or school. The distance shall be measured as the shortest distance from the wall of the dwelling or the property line of the school to the nearest property line of the licensed cannabis production facility. (3) Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations, and/or shall be determined by the Municipal Planning Commission. (4) Any new dwellings or schools that are approved and constructed after the issuance of a development permit for a licensed cannabis production facility shall be required to meet the minimum separation distance of 100 metres (328 feet). The distance shall be measured as the shortest distance from the wall of the dwelling or property line of the school to the property line of the established licensed cannabis production facility. (5) A development permit will be required for the development of a licensed cannabis production facility, as a Class II Discretionary Use, within the following Land Use Districts; Hamlet Industrial District (HI), Light Industrial District (LI), 48 Industrial District (I). 66. CANNABIS RETAIL STORE REGULATIONS (1) Cannabis retail stores may occur in either a stand alone setting, or a multi-tenant building or as part of a mixed-use development provided all of the physical requirements of the retail store and site comply with the Alberta Gaming, Liquor & Cannabis Regulations, as amended by the Province from time to time. Cannabis accessories may also be offered for retail sales. (2) A development permit shall be required for the operation of a cannabis retail store, and the retail store shall be considered as a Class II Discretionary Use within the following Land Use Districts; Hamlet Commercial District (HC) Hamlet Industrial District (HI) Highway Commercial District (HWY-C) Light Industrial District (LI) Rural Commercial District (RC) (3) Cannabis retail stores shall comply with Section 63 Off-street Parking Regulations as it pertains to retail stores, and/or shall be determined by the Municipal Planning Commission. (4) Cannabis retail stores shall be required to meet the minimum separation distance of at least 100 metres from the store's parcel boundary to any of the following; a) Provincial Health Care Facility, or the boundary of the parcel of land on which the facility is located. b) School, or the boundary of the parcel of land on which the school is located. c) Recreation Facility, or the boundary of the parcel of land on which the school is located. d) A boundary of a parcel of land that is designated as a School Reserve or Municipal Reserve under the Municipal Government Act. (5) The minimum separation distance of 100 metres shall be measured from the closest point of the cannabis retail store's parcel boundary to the closest point of the parcel boundary identified in Section 65 (4). (6) At their discretion, the Municipal Planning Commission may consider approving no more than a 10% relaxation of the 100 metre, minimum separation distance identified in Section 66 (4). (7) The following uses shall be required to meet the minimum separation distance of at least 100 metres from locating to an established cannabis retail store's parcel boundary; a) Provincial Health Care Facility, or the boundary of the parcel of land on which the facility is located. b) School, or the boundary of the parcel of land on which the school is located. 49 c) Recreation Facility, or the boundary of the parcel of land on which the school is located. d) A boundary of a parcel of land that is designated as a School Reserve or Municipal Reserve under the Municipal Government Act. (8) The minimum separation distance of 100 metres shall be measured from the closest point of the parcel boundary identified in Section 66 (7) to the closest point of the parcel boundary for the established cannabis retail store. (9) At their discretion, the Municipal Planning Commission may consider approving no more than a 10% relaxation of the 100 metre, minimum separation distance identified in Section 66 (7). (10) A development permit application for a cannabis retail store shall be accompanied by; a) Proof that the applicant has made application for a license from AGLC to operate a cannabis retail store and has been deemed eligible by AGLC for issuance of a license to operate a cannabis retail store. b) Proof that the retail sale of cannabis is being provided by a Federally approved licensed producer. c) Information on potential odour production resulting from the cannabis retail store and the details of the installation of any equipment designed and intended to remove odours from the air where it is discharged from the cannabis retail store as a part of a ventilation system. d) Detailed plans/drawings that show where the point of sale is located, where the shipping/receiving area is located, both a secure display and secure storage area, entrances and exits from the store, signage, off-street parking, the locations of the physical security components as required by AGLC, and any other drawings, documents, and information that may be required by the Municipal Planning Commission for approval of the application. (11) The Municipal Planning Commission may impose, but is not limited to, the following conditions for a retail cannabis store as part of the issuance of a development permit; a) That the store shall not commence operations until authorized by and in compliance with all Federal and Provincial legislation and authorities. b) That the store is required to be designed and installed with equipment as part of the store's ventilation system to remove odours discharged into the air. c) That the store must meet the physical security requirements set out by the AGLC. d) That the store's hours of operation be limited to 10:00 a.m. to 2:00 a.m., 7 days per week. 67. THE LAND USE DISTRICT MAP (1) Cypress County is divided into those land use districts shown on the Land Use District Map contained in Schedule "G". 50 (2) For the purpose of this Land Use Bylaw, the County is divided into the following Districts: (a) Agricultural District 1 (Tri-Area IDP) A-1 IDP (b) Agricultural District 2 (General Agriculture) A-2 (c) Agricultural District 3 (Horticultural) A-3 (d) Agricultural District 4 (Greenhouse) A-4 (e) Country Residential District CR (f) Country Residential District 2 CR-2 (g) Country Residential Farmstead Separation District CR-FS (h) Limited Country Residential IDP District* CR-IDP (i) Country Residential Multi-Unit Dwelling District CR-MUD (j) Cypress Hills Fringe District CHF (k) Direct Control District DC (l) Hamlet Commercial District HC (m) Hamlet General District HG (n) Hamlet Industrial District HI (o) Hamlet Residential District HR (p) Hamlet Single Family Residential District HSR (q) Highway Commercial District HWY-C (r) Industrial District I (s) Light Industrial District LI (t) Public and Semi-Public Service District PS (u) Recreation Facility District RF (v) Recreation/Residential Resort District RRR (w) Rural Commercial District RC (x) Seasonal Residence District SR (y) Wind Energy Facility District WEF (z) Airport Protection** AP *See the separate document entitled Tri-Area Intermunicipal Development Plan **See the separate document entitled Medicine Hat Airport Vicinity Protection Area (3) Cypress County has several hamlets within its boundaries, and these are contained in Schedule G. 51 PART VI LAND USE DISTRICTS AND REGULATIONS 52 Land Uses Land Use Districts (Agricultural / Residential) P - Permitted Use NP - Not Permitted C1 - Class 1 Discretionary C2 - Class 2 Discretionary Agricultural District 1 (A1-IDP) Agricultural District 2 (A-2) Agricultural District 3 (A-3) Agricultural District 4 (A-4) Country Residential District (CR) Country Residential District 2 (CR-2) Country Residential Farmstead Separation (CR-FS) Limited Country Residential IDP District (CR-IDP) Country Residential Multi-Unit Dwelling (CR-MUD) Cypress Hills Fringe District (CHF) Direct Control District (DC) Hamlet General District (HG) Hamlet Residential District (HR) Hamlet Single Family Residential District (HSR) Recreation/Residential Resort District (RRR) Seasonal Residence District (SR) Accessory Buildings P P P C1 P P P P P P There are no permitted or discretionary uses in this Land Use District. All applications are referred to Council for consideration. P P P P P Bed & Breakfast Facility C1 C1 C2 C2 C1 Coverall Building P P P P P P P P NP NP NP NP Dwelling Unit P P C1 C1 P P P P P P P P P P Dwelling, multi-unit P C2 C2 Dwelling, semi- detached P C1 C2 P Family Care Facility C1 C1 C1 C2 C2 C2 C2 C2 C2 C2 C2 C2 Greenhouse P C2 Greenhouse (personal use) P P P P P Home Occupation C1 C1 C2 C2 C2 C2 C2 C2 C2 C2 C2 Home Occupation (Office Use Only) C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 Keeping of Chickens C2 C2 NP NP Mobile Home P C1 C1 C1 C1 C1 C1 C1 C2 C2 Move-in Buildings C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C2 C2 C2 Private Signs C1 C1 C1 C1 Second or Additional Dwelling C2 C2 C2 C2 C2 Solar Energy Panels C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 Storage Container P P P P C1 C1 C1 C1 C1 C1 NP NP NP NP P Swimming Pool P P P P P P P P P P 53 Land Uses Land Use Districts (Commercial / Industrial) P - Permitted Use NP - Not Permitted C1 - Class 1 Discretionary Use C2 - Class 2 Discretionary Use Cypress Hills Fringe District (CHF) Direct Control District (DC) Hamlet Commercial District (HC) Hamlet Industrial District (HI) Highway Commercial District (HC) Industrial District (I) Light Industrial District (LI) Public and Semi-Public Service District (PS) Recreation Facility District (RF) Rural Commercial District (RC) Wind Energy Facility District (WEF) Accessory Buildings P There are no permitted or discretionary uses in this Land Use District. All applications are referred to Council for consideration. C1 C1 C1 C1 C1 C1 P C1 P Auto Wrecking & Salvage yards C2 C2 Automotive Repair/Auto Body Repair C2 C1 C2 C2 Bed & Breakfast Facility C2 C1 C1 Bulk Oil & Fertilizer Storage C1 C1 Cannabis Retail Store C2 C2 C2 C2 C2 Car & Truck Wash C1 C1 C2 C2 Convenience Store/Gas Station C1 C2 Coverall Building C1 C1 C1 C1 C1 C1 Daycare Facility C1 Dwelling Unit P C2 C2 C1 C2 C2 Farm Equipment Sales & Service C1 C1 C2 Group Care Facility C1 Motel/Hotel/Inn C1 C1 C2 Liquor store, pub, other licensed premises C2 C2 C2 Licensed Cannabis Production Facility C2 C2 C2 Licensed Medical Cannabis Production Facility C2 C2 C2 Move-in Buildings C1 C1 C1 C1 C1 C1 C2 C2 C1 Retail Store C1 Service Station C1 C1 Solar Energy Panels C1 C1 C1 C1 C1 C1 C1 C1 C1 Storage/Warehouse/Mini storage C2 C1 C1 C2 Storage Container(s) C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 Transformers/Transmission Towers C2 Welding & Repair Shops C1 C1 C2 Wind Energy Facilities C2 54 AGRICULTURAL IDP DISTRICT 1 (A-1 IDP) THIS IS AN AGRICULTURAL DISTRICT, THE GENERAL PURPOSE BEING THE REGULATION AND CONTROL OF URBAN, NON-AGRICULTURAL LAND USES WITHIN THE TRI-AREA INTERMUNICIPAL DEVELOPMENT PLAN (IDP) AREA. ALL DEVELOPMENT WITHIN THIS DISTRICT IS SUBJECT TO THE POLICIES OF THE TRI-AREA INTERMUNICIPAL DEVELOPMENT PLAN AS WELL AS THIS BYLAW AND ANY OTHER STATUTORY PLANS THAT MAY BE IN EFFECT AS AMENDED FROM TIME TO TIME. 1. PERMITTED USES (1) Accessory buildings and uses (2) Coverall building (3) Single country residence on a parcel, provided the parcel existed as of the date that the Tri- Area IDP came into force in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP (4) Farmstead buildings and uses in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP 2. CLASS I DISCRETIONARY USES (1) Family care facility (2) Home Occupation (office use only) (3) Move-in buildings for residential uses and accessory uses that are permitted or discretionary uses in this District, in compliance with the Limited Country Residential use provisions of the Tri-Area IDP (4) Private Signs (5) Three or more storage containers on site (6) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Second or additional dwelling unit(s) or mobile home(s) for farmstead uses in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP (2) Farm subsidiary occupation/home occupation (3) Greenhouse (for existing development permits issued prior to July 16, 2013) (4) Market garden and/or retail store/plant nursery (5) Kennels (6) Public and quasi-public buildings and uses (7) Single country residence on a farmstead separation (to a maximum of 1 per quarter) in compliance with Limited Country Residential Use provisions of the Tri-Area IDP (8) Sand, gravel and surface mineral extraction (9) Veterinary clinic (10) Waste disposal site (11) Golf courses (with no residential use) (12) Retail store with a floor area of 400m2 (13) Eating establishments, pubs, and other licensed premises with a floor area limit of 600m2 (14) Commercial solar energy production facility (15) Performance and event venue (16) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission that are in compliance with Limited 55 Country Residential Use provisions of the Tri-Area IDP. 4. FARMSTEAD SEPARATION (1) Eligibility for Subdivision The only subdivision allowed in this district is a single family Farmstead Separation in compliance with the Municipal Development Plan and the Limited Country Residential Use provisions of the Tri-Area IDP (2) Maximum Subdivision Density One parcel from an unsubdivided quarter section for an established farmstead separation that is in compliance with the Municipal Development Plan and the Limited Country Residential Use provisions of the Tri-Area IDP (3) Maximum Area to Be Subdivided The area of a farmstead separation may not exceed 10% of the unsubdivided quarter section (typically 6.47 hectares or 16 acres). 5. MINIMUM PARCEL SIZE FOR USES OTHER THAN A FARMSTEAD SEPARATION An unsubdivided quarter section or land in title as of the date of the adoption of the Tri-Area IDP 6. MINIMUM YARD REQUIREMENTS FOR PRINCIPAL AND ACCESSORY BUILDINGS Front Side Flankage Rear See Section 47 6.09 metres See section 47 6.09 metres (20 feet) (20 feet) 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following Regulations shall apply: (1) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building 8. LIMITED COUNTRY RESIDENTIAL USE PROVISIONS OF THE TRI-AREA IDP (1) "Limited Country Residential Use Provisions of the Tri-Area IDP" is a defined term meaning provisions Section 2.6 Potential Growth Area and those parts of Section 2.11 Urban Reserve (Redcliff) applicable to the lands south of Highway #1. Whenever the phrase "in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP", or a variation of this phrase, is used in the description of a permitted or discretionary use in the Bylaw, (a) the provisions are an integral part of the description of the use, and (b) the use must comply with these provisions, without variation or waiver except to the extent expressly allowed in Section 2.6 or 2.11 of the Tri-Area IDP, in order to constitute the permitted or discretionary use in question. (2) For convenience of reference, Schedule G shows maps of the lands that are subject to "Limited Country Residential Use". The full text of Section 2.6 and 2.11 of the Tri-Area IDP is found in schedule H and these policies have been reflected in this district. 56 AGRICULTURAL DISTRICT 2 (A-2 GENERAL AGRICULTURE) THE GENERAL PURPOSE OF THIS DISTRICT IS TO PERMIT ACTIVITIES ASSOCIATED WITH PRIMARY PRODUCTION OF AGRICULTURAL GOODS AND SERVICES AND TO STRENGTHEN THE AGRICULATURAL CHARACTER OF THIS DISTRICT. 1. PERMITTED USES (1) Accessory buildings and uses (2) Coverall building (3) Dwelling unit or mobile home (4) Farmstead building and uses 2. CLASS I DISCRETIONARY USES (1) Family care home (2) Greenhouse (for existing development permits issued prior to August 6, 2013) (3) Market garden and/or retail store/plant nursery (4) Home occupation (5) Kennels (6) Performance and event venue (7) Move-in buildings (includes residence/dwellings, and accessory buildings) (8) Private signs (9) Public and quasi-public buildings and uses (10) Veterinary clinic (11) Three or more storage containers (12) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Second or additional dwelling unit(s) or mobile home(s) (2) Agricultural processing plants (3) Farm subsidiary occupation (4) Livestock sale yard (5) Sand, gravel and surface mineral extraction (6) Top soil stripping (7) Waste disposal sites (8) Commercial solar energy facility (9) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) Farm Use - existing title, or an unsubdivided quarter section (2) Other Uses - existing title or as permitted by the General Municipal Plan 5. MINUMUM YARD REQUIREMENTS Front Side Flankage Rear See Section 48 6.09 metres See Section 48 6.09 metres (20 feet) (20 feet) 57 6. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building (2) A dwelling unit shall be located a minimum distance of 100 metres (328 feet) away from a gas or oil well, or may be within a lesser distance with written approval from the Alberta Energy Regulator. 58 AGRICULTURAL DISTRICT 3 (A-3 HORTICULTURE) THE GENERAL PURPOSE OF THIS DISTRICT IS TO PERMIT ACTIVITIES ASSOCIATED WITH HORTICULTURE AND GREENHOUSE PRODUCTION THAT DO NOT REQUIRE SPECIFIC LIGHTING FOR THE SOLE PURPOSES OF STIMULATING AND/OR ENHANCING THE GROWTH OF A GREENHOUSE CROP, AND TO STRENGTHEN THE AGRICULTURAL CHARACTER OF THIS DISTRICT. (1) PERMITTED USES (1) Accessory building unit (upon completion of greenhouse) (2) Accessory buildings and uses (3) Coverall building (4) Greenhouse (more than 139m2 of maximum floor area) (5) Addition to existing greenhouse (2) CLASS I DISCRETIONARY USES (1) Accessory dwelling unit (upon completion of greenhouse) (2) Home occupation (office use only) (3) Family care home (4) Move-in accessory buildings (5) Private signs (6) Plant nursery (7) Public and quasi-public buildings and uses (8) Three or more storage containers (9) Solar energy panels and associated equipment for personal or individual use (3) CLASS II DISCRETIONARY USES (1) Additional dwelling unit(s) or mobile home(s) or move-in residences (2) Agricultural processing plants (3) Farm subsidiary occupation (4) Market garden (5) Top soil stripping (6) Other uses consistent with the Definition of General Purpose of the Land Use District as approved by the Municipal Planning Commission (4) MINIMUM LOT AREA 2 hectares (5 acres) or as required by the Municipal Planning Commission (5) MINIMUM SIDE YARD REQUIREMENTS Front Side Flankage Rear See Section 48 6.09 metres See Section 48 6.09 metres (20 feet) (20 feet) (6) SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following Regulations shall apply: (1) All developments must have access to an assured supply of water. 59 (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) A dwelling unit shall be located a minimum distance of 100 metres (328 feet) away from a gas or oil well, or may be within a lesser distance with written approval from the Alberta Energy Regulator. Distances are measured from the well head to the closest point of the dwelling. 60 AGRICULTURAL DISTRICT 4 (A-4 GREENHOUSE) THE GENERAL PURPOSE OF THIS DISTRICT IS TO PERMIT ACTIVITIES ASSOCIATED WITH GREENHOUSE PRODUCTION THAT REQUIRES SPECIFIC LIGHTING FOR THE PURPOSES OF STIMULATING AND/OR ENHANCING THE GROWTH OF A GREENHOUSE CROP, AND TO STRENGTHEN THE AGRICULTURAL CHARACTER OF THIS DISTRICT. (1) PERMITTED USES (1) None (2) CLASS I DISCRETIONARY USES (1) Accessory dwelling unit (upon completion of greenhouses) (2) Accessory buildings and uses (3) Home occupation (office use only) (4) Move-in accessory buildings (5) Private signs (6) Plant nursery (7) Public and quasi-public buildings and uses (8) Three or more storage containers (9) Solar energy panels and associated equipment for personal or individual use (3) CLASS II DISCRETIONARY USES (1) Greenhouse (more than 139m2 of maximum floor area) (2) Addition to existing greenhouse (3) Additional dwelling unit(s) or mobile home(s) or move-in residences (4) Agricultural processing plants (5) Farm subsidiary occupation (6) Market garden and retail store (7) Top soil stripping (8) Other uses consistent with the Definition of General Purpose of the Land Use District as approved by the Municipal Planning Commission (4) MINIMUM LOT AREA 2 hectares (5 acres) or as required by the Municipal Planning Commission (5) MINIMUM YARD REQUIREMENTS Front Side Flankage Rear See Section 48 6.09 metres See section 48 6.09 metres (20 feet) (20 feet) *The greenhouse structure must be setback a minimum distance of at least 100 metres from the closest point pf the greenhouse structure to the wall of the closest existing neighbouring residence. (6) SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following Regulations shall apply: (1) All developments must have access to an assured supply of water. 61 (2) When a new greenhouse or an existing greenhouse expansion is being proposed within the Greenhouse Blackout Zone, the developer will be required to contain 80% of the artificial light from illuminating upwards and outwards at all times as a condition of the development's approval. The developer will be required to submit a detailed description of the artificial lighting control at the time of submitting the development application. (3) When a new greenhouse or an existing greenhouse expansion is being proposed outside of the Greenhouse Blackout Zone, the developer will be required to install artificial lighting control to reduce or prevent artificial light that may affect the adjacent land owner's enjoyment of their property. Furthermore, the developer may also be required to contain 80% of the artificial light from illuminating upwards at all times as a condition of the development's approval. The developer will be required to submit a detailed description of the artificial lighting control that prevents the artificial lighting from illuminating outwards at the time of submitting the development application. In addition, the Municipal Planning Commission may require the developer to provide a detailed description of the artificial lighting control to contain the artificial lighting from illuminating upwards as part of the development application as an approval consideration. (4) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (5) A dwelling unit shall be located a minimum distance of 100 metres (328 feet) away from a gas or oil well, or may be within a lesser distance with written approval from the Alberta Energy Regulator. Distances are measured from the well head to the dwelling. 62 COUNTRY RESIDENTIAL DISTRICT (CR) THIS DISTRICT IS ESTABLISHED FOR COUNTRY RESIDENTIAL DEVELOPMENT OF TWO OR MORE PARCELS PER QUARTER SECTION. THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF COUNTRY RESIDENCES. HOWEVER, WITH THE EXCEPTION OF SITES DESIGNATED AS COUNTRY RESIDENTIAL DISTRICT (CR) ON THE DATE OF THE ADOPTION OF THE TRI-AREA IDP, IT SHALL NOT BE APPLIED TO THE POTENTIAL GROWTH AREA AND THE URBAN RESERVE (REDCLIFF) AREA OF THE TRI-AREA IDP. 1. PERMITTED USES (1) Accessory buildings and uses (maximum of five) to an existing Dwelling Unit (2) Coverall building (3) Dwelling unit (4) Public parks and playgrounds (5) Swimming pool (6) Greenhouse (to a maximum of 139 m2, personal use) 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Move-in buildings (including residence/dwelling, and accessory buildings) (3) Mobile homes (4) Storage container (maximum of one) (5) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY (1) Family care home (2) Home occupation (3) Standalone or additional accessory buildings (4) Public and quasi-public buildings and uses (5) Performance and event venue (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission. 4. MINIMUM LOT AREA 0.6 hectares (1.5 acre), or all the land which is contained within an existing certificate of title 5. MAXIMUM LOT AREA 2.02 hectares (5 acres) 6. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14 metres 6.09 metres 9.14 metres* 7.62 metres (30 feet) (20 feet) (30 feet) (25 feet) 7. MAIN BUILDING RESTRICTIONS Maximum building height - 12.1 metres (40 feet) 63 8. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirement as the principal building. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall not exceed 7.0 metres (23 feet) in height. (4) An accessory building shall not exceed 148.64 m2 (1,600 ft2) in area. The maximum floor area of accessory buildings shall be 260.12 m2 (2,800 ft2). No development Officer Discretion permitted. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any off-spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. (3) Not more than three dogs, excluding unweaned pups, shall be kept on a site. (4) Dogs must be controlled so that they comply with the Dog Control Bylaw. 64 COUNTRY RESIDENTIAL DISTRICT 2 (CR-2) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF LOW DENSITY COUNTRY RESIDENCES AND MINOR AGRICULTURAL PURSUITS IN CYPRESS COUNTY. HOWEVER, WITH THE EXCEPTION OF SITES DESIGNATED AS COUNTRY RESIDENTIAL DISTRICT 2 (CR-2) ON THE DATE OF ADOPTION OF THE TRI-AREA IDP, IT SHALL NOT BE APPLIED TO THE POTENTIAL GROWTH AREA AND THE URBAN RESERVE (REDCLIFF) AREA OF THE TRI-AREA IDP. 1. PERMITTED USES (1) Accessory buildings and uses (maximum of five) to an existing Dwelling Unit (2) Coverall building (3) Dwelling unit (4) Public parks & playgrounds (5) Swimming pools (6) Greenhouse (to a maximum of 139 m2, personal use) 2. CLASS I DISCRETIONARY USES (1) Bed and breakfast facility (2) Greenhouse, nursery garden (3) Home occupation (office use only) (4) Move-in buildings (residence/dwelling, and accessory buildings) (5) Mobile homes (6) Storage container (maximum of one) (7) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Standalone or additional accessory buildings and uses (2) Family care home (3) Home occupation (4) Public buildings or uses and public utility buildings or uses required to serve the district (5) Public and quasi-public buildings and uses (6) Performance and event venue (7) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA 2 hectares (5 acres), or all the land which is contained within an existing certificate of title. 5. MAXIMUM LOT AREA 4.04 hectares (10 acres) 6. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 20 metres* 20 metres 20 metres* 20 metres (65.6 feet) (65.6 feet) (65.6 feet) (65.6 feet) 7. MAIN BUILDING RESTRICTIONS Maximum building height - 12.1 metres (40 feet) 65 8. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirement as the principal building (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building (3) An accessory building shall not exceed 7.0 metres (23 feet) in height. (4) An accessory building shall not exceed 222.96 m2 (2,400 ft2). The maximum floor area of accessory buildings shall be 302 m2 (4,000 ft2). No Development Officer Discretion permitted. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any off-spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent land owners. (3) Not more than three dogs, excluding unweaned pups, shall be kept on a site. (4) Any Dogs must be controlled so that they comply with the Dog Control Bylaw. 66 COUNTRY RESIDENTIAL FARMSTEAD SEPARATION DISTRICT (CR-FS) THIS DISTRICT IS ESTABLISHED FOR COUNTRY RESIDENTIAL DEVELOPMENT FOR AN EXISTING FARMSTEAD RESULTING IN A SUBDIVISION TO CREATE THE FARMSTEAD SEPARATION. THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF FARMSTEAD SEPARATIONS. 1. PERMITTED USES (1) Accessory buildings and uses (maximum 5) (2) Coverall building (3) Dwelling unit as of the date of the farmstead separation re-classification (4) Existing farmstead buildings as of the date of the farmstead separation re-classification (5) Swimming pools (6) Greenhouse (to a maximum of 139 m2, personal use) 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Move-in buildings (accessory buildings only) (3) Storage container (maximum of one) (4) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Additional dwelling unit or mobile home (2) Family care home (3) Home occupation (4) Accessory buildings which otherwise do not comply with the accessory building restrictions. (5) Performance and event venue (6) Public and quasi-public buildings and uses. (7) Other uses consistent with the definition of general purpose of the land use district as approved by the Municipal Planning Commission. 4. MINIMUM LOT AREA 0.5 hectares (1 acre), or all the land which is contained within an existing certificate of title 5. MAXIMUM LOT AREA 6.47 hectares (16 acres) the physical boundary of the lot is not to exceed the established yard, unless there are essential utilities present that require the lot size to exceed the established yard size. 6. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear See Section 48 6.09 metres See Section 48 6.09 metres (20 feet) (20 feet) 7. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirements as the principal building. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. 67 (3) An accessory building shall not exceed 7.0 m (23 feet) in height. (4) New accessory buildings shall not exceed 148.64 m2 (1,600 ft2) in area. The maximum combined floor area for new accessory building(s) after the date of the re-classification shall be limited to 260.12 m2 (2,800 ft2), unless other approved by the Municipal Planning Commission. No Development Officer Discretion is permitted. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. (6) Unless approved for a Home Occupation, an accessory building shall not be used for conducting of a commercial or business operation. 8. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any off-spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent land owners. (3) Not more than three dogs, excluding unweaned pups, shall be kept on a site. (4) Dogs must be controlled so that they comply with the Dog Control Bylaw. 68 LIMITED COUNTRY RESIDENTIAL IDP DISTRICT (CR-IDP) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF LIMITED COUNTRY RESIDENTIAL USES AND MINOR AGRICULTURAL PURSUITS IN COMPLIANCE WITH THE LIMITED COUNTRY RESIDENTIAL USE PROVISIONS OF THE TRI-AREA INTERMUNICIPAL DEVELOPMENT PLAN (IDP), THIS BYLAW AND ANY OTHER STATUTORY PLANS THAT MAY BE IN EFFECT. 1. PERMITTED USES (1) Accessory buildings and uses (maximum 5) to an existing Country Residence (2) Coverall building (3) Country residences in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP (4) Public parks and playgrounds (5) Swimming pools (6) Greenhouse (to a maximum of 139 m2, personal use) 2. CLASS I DISCRETIONARY USES (1) Bed and breakfast facility (2) Greenhouse, nursery garden (3) Home occupation (office use only) (4) Move-in buildings for residential uses and accessory uses that are permitted or discretionary uses in this District, in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP. (5) Mobile homes in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP. (6) Storage container (maximum of one) (7) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Standalone or additional accessory buildings and uses (2) Family care home (3) Home Occupation (4) Public buildings or uses and public utility buildings or uses required to serve the district. (5) Public and quasi-public buildings and uses (6) Performance and event venue (7) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission that are in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP. 4. MINIMUM AREA OF A PARCEL ELIGIBLE FOR SUBDIVISION In order to be eligible for further subdivision, a parcel must be greater than 16.18 hectares (40 acres) in size. Subdivision of a parcel 16.18 hectares (40 acres) or less shall not be permitted. 5. MINIMUM AREA OF A LOT PROPOSED TO BE CREATED BY A SUBDIVISION The cumulative area of all lots subdivided from a parcel that is the subject of a proposed subdivision, shall not exceed 10% if the area of the parcel as it existed on the date of the adoption of the Tri-Area IDP. 69 6. MAXIMUM CUMULATIVE The cumulative area of all lots subdivided from a parcel that is the subject of a proposed subdivision, shall not exceed 10% of the area of the parcel as it existed on the date of the adoption of the Tri-Area IDP. 7. MAXIMUM LOT DENSITY The maximum subdivision density allowed to be subdivided from a parcel shall not exceed the equivalent ratio of 1 lot for every 16.18 hectares (40 acres) of the parcel as it existed on the date of the adoption of the Tri-Area IDP. This represents the equivalent of 4 parcels plus the balance of the quarter for a total maximum of 5 parcels from an unsubdivided 64.75 hectare (160 acre) quarter section. 8. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14* metres 6.09 metres 9.14 metres* 7.62 metres (30 feet) (20 feet) (30 feet) (25 feet) *Minimum yard distance from subdivision streets or service roads. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 9. MAIN BUILDING RESTRICTIONS Maximum building height - 12.1 metres (40 feet) 10. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirements as the principal building. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall not exceed 7 metres (23 feet) in height. (4) An accessory building shall not exceed 148.64 m2 (1,600 ft2) in area. The maximum floor area of accessory buildings shall be 260.12 m2 (2,800 ft2). No Development Officer Discretion permitted. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. 11. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any off-spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. (3) Not more than three dogs excluding unweaned pups, shall be kept on site. (4) Any dogs must be controlled so that they comply with the Dog Control Bylaw. 12. LIMITED COUNTRY RESIDENTIAL USE PROVISIONS OF THE TRI-AREA IDP "Limited Country Residential Use Provisions of the Tri-Area IDP" is a term meaning provisions Section 2.6 Potential Growth Area and those parts of Section 2.11 Urban Reserve 70 (Redcliff) applicable to the lands south of Highway #1. Whenever the phrase "in compliance with the Limited Country Residential Use provisions of the Tri-Area IDP", or a variation of this phrase, is used in description of a permitted or discretionary use in this Bylaw. (1) The provisions are an integral part of the description of the use, and (2) The use must comply with these provisions, without variation or waiver except to the extent expressly allowed in Section 2.6 or 2.11 of the Tri-Area IDP, in order to constitute the permitted or discretionary use in question. For convenience of reference, Schedule G shows maps of the lands that are subject to "Country Residential Use". The full text of Sections 2.6 and 2.11 of the Tri-Area IDP is found in schedule H and these policies have been reflected in this district. 71 COUNTRY RESIDENTIAL MULTI-UNIT DWELLING DISTRICT (CR-MUD) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF MULTI-UNIT DWELLINGS ON A SINGLE PROPERTY WITHIN A COUNTRY RESIDENTIAL SETTING IN THE COUNTY. THIS DISTRICT SHALL NOT BE APPLIED TO THE POTENTIAL GROWTH AREA AND THE URBAN RESERVE (REDCLIFF) AREA OF THE TRI-AREA IDP. (1) PERMITTED USES (1) Accessory buildings and uses (2) Dwelling, semi-detached (3) Dwelling, multi-unit (4) Public parks and playgrounds (5) Swimming pool (6) Coverall building (2) CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Move-in buildings (including dwelling, and accessory buildings) (3) Storage container (maximum of one) (4) Solar energy panels and associated equipment for personal use (3) CLASS II DISCRETIONARY USES (1) Family care facility (2) Performance and event venue (3) Bed and breakfast facility (4) Public and quasi-public buildings and uses (5) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission. (4) MINIMUM LOT AREA 1.2 hectares (3 acres), or all the land which is contained within an existing certificate of title. (5) MAXIMUM LOT AREA 2.02 hectares (5 acres) (6) MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14 metres 6.09 metres 9.14 metres 7.62 metres (30 feet) (20 feet) (65.6 feet) (25 feet) (7) MAIN BUILDING RESTRICTIONS Maximum building height - 12.1 metres (40 feet) (8) ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirements as the principal building. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. 72 (3) An accessory building shall not exceed 7.0 metres in height. (4) An accessory building shall not exceed 167.22 m2(1,800 ft2) in area. The maximum floor area of accessory buildings shall not exceed 278.70 m2 (3,000 ft2). No Development Officer Discretion permitted. (9) SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any off-spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent land owners. (3) Not more than three dogs, excluding unweaned pups, shall be kept by the occupants of a dwelling unit. (4) Any dogs must be controlled so that they comply with the Dog Control Bylaw. (5) No more than one recreational vehicle may be stored on site per dwelling unit. 73 CYPRESS HILLS FRINGE DISTRICT (CHF) THE PURPOSE OF THIS DISTRICT IS TO REGULATE THE SUBDIVISION AND DEVELOPMENT OF CLUSTERED COUNTRY RESIDENTIAL DEVELOPMENT IN CONFORMITY WITH THE POLICIES, SPIRIT, AND INTENT OF THE CYPRESS HILLS FRINGE AREA STRUCTURE PLAN. 1. PERMITTED USES (1) Accessory buildings and uses (maximum 5) to an existing Dwelling Unit (2) Public parks and playgrounds (3) Single dwelling unit (4) Greenhouse (to a maximum of 139 m2, personal use) 2. CLASS I DISCRETIONARY USES (1) Private signs (2) Move-in buildings (including residence/dwelling, and accessory buildings) (3) Mobile homes (4) Storage container (maximum of one) (5) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Standalone or additional accessory buildings and uses (2) Bed and breakfast facility (3) Commercial uses in support of the principal residential area (4) Family care home (5) Home occupations (6) Public and quasi-public buildings and uses 4. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14 metres* 4.57 metres 9.14 metres* 7.62 metres (30 feet) (15 feet) (30 feet) (25 feet) *Minimum yard distance from subdivision streets or service roads. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 5. MAXIMUM BUILDING HEIGHT All uses - 9.14 metres (30 feet) 6. MINIMUM PARCEL AREA 0.202 ha (0.5 acres) 7. MAXIMUM PARCEL SIZE AND SUBDIVISION DENSITY Parcels containing 0.404 ha (1 acre) or less recommended. Larger parcel sizes may be considered but the total development shall not occupy an area greater than 10 ha (40 acres) or 25% of the original undeveloped parcel, whichever is less. 74 8. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirement as the principal building. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall not exceed 7.0 metres (23 feet) in height. (4) An accessory buildings shall not exceed 111 m2 (1,200 m2) in area. The maximum floor area of accessory building shall be 223 m2 (2,400 m2). (5) Unless otherwise approved, an accessory building shall not be used for living purposes. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any offspring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Council is of the opinion that it will not affect the amenities of the adjacent landowners. (3) Not more than three dogs excluding unweaned pups, shall be kept on a site. (4) Dogs must be controlled so that they comply with the Dog Control Bylaw. 10. ON-SITE WATER DISPOSAL Sufficient on-site water supply capacity to service proposed parcels will be required to be provided with assurance of supply. 11. ON-SITE SEWAGE DISPOSAL Piped sewage disposal systems required in accordance with Alberta Environment requirements. 12. SUBDIVISION DESIGN (1) Clustering of parcels shall be required in accordance with requirements of Cypress Hills Fringe Area Structure Plan. (2) Site suitability criteria respecting subdivision design and parcel layout shall be in accordance with the Cypress Hills Fringe Area Structure Plan. (3) In addition to the regulations of this District, the County shall adhere to the policies and guidelines contained in the Cypress Hills Fringe Area Structure Plan. 75 DIRECT CONTROL DISTRICT (DC) THIS DISTRICT IS ESTABLISHED TO ENABLE COUNCIL TO EXERCISE PARTICULAR CONTROL OVER THE USE AND DEVELOPMENT OF LAND OR BUILDINGS WITHIN DESIGNATED AREAS OF THE COUNTY. THIS DISTRICT IS TO BE UTILIZED WHEN NO OTHER ESTABLISHED DISTRICT IS CONSIDERED TO BE APPROPRIATE FOR THE INTENDED USE. 1. DIRECT CONTROL USE PROVISIONS (1) In those areas shown as Direct Control on the Land Use District Maps, Council may, subject to the Municipal Development Plan, regulate and control the use or development of land or buildings in any manner it considers necessary. (2) The Districts shall only be applied to a site to regulate a specific proposed development under the following circumstances: a. The proposed development exceeds the development provisions of the closest equivalent conventional district; b. The proposed development requires specific comprehensive regulations to ensure land use conflicts with neighbouring properties are minimized; c. The site for the proposed development has unique characteristics that require specific regulations; or d. The ongoing operation of the proposed development requires specific regulations. 2. LAND USE AMENDMENT APPLICATIONS AND STANDARDS (1) The applicant shall submit a Site Plan and a written description explaining why the Direct Control District is warranted. The site plan shall be appended to the Direct Control Bylaw, and development shall generally conform to the Plan. (2) A public hearing on the application will be held to hear comments from the applicant and affected landowners. The public hearing shall be advertised at least 2 weeks prior to the hearing date. (3) All Land Use Bylaw Regulations of general application shall apply to the Direct Control District, unless such Regulations are specifically excluded or modified. 3. DEVELOPMENT APPLICATION DECISIONS (1) All development applications within a Direct Control District shall be referred to Council for a decision. The Council may impose any conditions which may be deemed necessary in order to minimize conflicts with neighboring properties. (2) If the development application is minor in nature and does not change the intent of the original Land Use Amendment Application, Council may waive the public hearing requirement. (3) The Development Officer shall issue a development permit in accordance with the Council decision as if it were a Permitted Use. (4) There is no appeal of a development permit within a Direct Control District unless the permit was issued in error. 76 HAMLET COMMERCIAL DISTRICT (HC) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF COMMERCIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. (1) PERMITTED USES None. (2) CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Coverall building (3) Hotel (4) Motel (5) Move-in buildings (6) Offices (7) Personal services (8) Commercial services (9) Private sign (10) Pool Hall (11) Post office (12) Restaurant and cafe (13) Retail store (14) Theatre or movie theatre (15) Service station and convenience store (16) Automotive and/or recreational vehicle sales and repairs (17) Storage Container (maximum of one) (18) Car wash (19) Solar energy panels and associated equipment for individual use (20) Performance and event venue (3) CLASS II DISCRETIONARY USES (1) Accessory dwelling or mobile home or move-in residence/dwelling (2) Mixed use building (for both residential and commercial/office use) (3) Liquor stores, pubs, and other licensed premises (4) Public building and uses (5) Quasi-public buildings and uses (6) Repair shops (7) Cannabis Retail Store (8) Off-site electronic display sign (9) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission (4) MINIMUM LOT AREA (1) No sewage collection system 1,800m2 (19,375 ft2) with a minimum width of 31 metres (100 feet) (2) Water distribution and sewage collection system - 464.5m2 (5,000 ft2) with a minimum width of 15 metres (50 feet) 77 (5) MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 3 metres 0* 3 metres* 3 metres (10 feet) (10 feet) (10 feet) *Where no lane exists, one side yard shall be extended to 4.5 metres (15 feet) (6) OFF-STREET PARKING Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations for the type of use proposed, and the number of parking stalls shall be determined by the Development Officer or the Municipal Planning Commission. (7) SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (1) An accessory building may be used as a residence in a commercial district for security or fire protection purposes for the main building or use of the site. (2) An accessory building shall have the same minimum yard requirements as the principal building. 78 HAMLET GENERAL DISTRICT (HG) THIS DISTRICT IS ESTABLISHED FOR RESIDENTIAL DEVELOPMENT AND THE KEEPING OF A LIMITED NUMBER OF ANIMALS WITHIN A DESIGNATED HAMLET. 1. PERMITTED USES (1) Dwelling (2) Accessory building or uses to an existing Dwelling Unit (3) Coverall building (4) Parks and playgrounds (5) Swimming pools (6) New mobile Home 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Move-in buildings (including residence/dwelling, and accessory buildings) (3) Pre-owned mobile homes (4) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Family care home (2) Home occupation (3) Public and quasi-public uses (4) Keeping of chickens (maximum of 4 laying hens) (5) Performance and event venue (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) Water but no sewage collection system - 1,800 m2 (20,000 ft2) with a minimum width of 30 metres (100 feet) (2) Water distribution and sewage collection system - 465m2 (5,000 ft2) with a minimum yard width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres 1.52 metres* 3 metres 3 metres (25 feet) (5 feet) (10 feet) (10 feet) *For mobile homes, the side yard shall be increased to a 4.5 metres (15 feet) of the side which the main entrance door is located. 6. OFF-STREET PARKING (1) As required by the Development Officer or the Municipal Planning Commission 79 7. ACCESSORY BUILDINGS (1) An accessory building shall not be constructed within the front flankage yard of any parcel. (2) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. (3) An accessory building shall be located at least 1 metre (3 feet) from the side property line and 1.52 metres (5 feet) from the rear property line, except where a rear vehicular entrance is located, in which case the distance to the lane will be extended to 5.5 metres (18 feet). (4) An accessory building shall not exceed 6.0 metres (20 feet) in height. (5) Maximum site coverage for all structures and hard surfacing is not to exceed 30% of the total lot area. (6) An accessory building shall not exceed 111.48m2 (1,200 ft2) in area. The maximum floor area dedicated to accessory buildings shall be 139 m2 (1,500 ft2) or 15% of total lot area, whichever is less. No Development Officer discretion permitted. (7) Unless otherwise approved, an accessory building shall not be used for living purposes. 8. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (1) Skirting of mobile homes, including finishing, must be completed within 30 days of the date a mobile home is placed on a site. (2) Appearance, design, and construction of accessory structures or additions must compliment the design of the mobile home. (3) All mobile homes shall conform to the CSA A 277 Standard. (4) Each parcel within a Hamlet General District with a minimum area of 1800m2 is allowed to keep 2 horses or 2 cows. Equivalencies for other types of animals may be based of the formula outlined in Section 48 of the Land Use Bylaw. Any off-spring of the approved animals must be removed from the site within a maximum of six months. (5) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. (6) A maximum of up to 4 chickens (laying hens for personal use only) may be allowed. Each chicken must be provided with at least 0.37m2 (4 ft2) of interior floor area within an enclosed, secure coop for shelter and housing. The coop must be well maintained, and kept in good sanitary conditions that prevents nuisance odors. The coop will be counted towards the hard surfacing and site coverage of the property. All manure must be removed and disposed of in a timely and proper manner to prevent nuisance issues which result in complaints from adjacent neighbors. Any and all manure stored on site must be kept in a fully enclosed container until properly disposed. Roosters will not be permitted, and there will be no breeding allowed. The issuance of a development permit by the Municipal Planning Commission may be subject to an annual review. The development permit will not be transferable from one owner to the next, or from one property to another. 80 HAMLET INDUSTRIAL DISTRICT (HI) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF INDUSTRIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. 1. PERMITTED USES None. 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Coverall building (3) Bulk oil and fertilizer storage (excluding ammonia) (4) Farm equipment sales, repair and assembly (5) Automotive and/or recreation vehicle sales and repairs (6) Grain elevators (7) Lumber sales (8) Move-in buildings (9) Private signs (10) Welding and repair shops (11) Warehouses (12) Retail sales, manufacturing, and storage of mobile homes and/or modular homes (13) Storage container (14) Car and truck wash (15) Service station and convenience store (16) Cardlock filling station (17) Solar energy panels and associated equipment for individual use (18) Performance and event venue (19) Recreational vehicle sales, repair, and storage 3. CLASS II DISCRETIONARY USES (1) Accessory dwelling or accessory mobile home or move-in residence/dwelling (2) Concrete manufacturing (3) Manufacturing operations (4) Salvage yards (5) Storage and maintenance yards and facilities (6) Trucking and freight terminals (7) Licensed Medical a Cannabis Production Facility (8) Licensed Cannabis Production Facility (9) Cannabis Retail Store (10) Off-site electronic display sign (11) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA: 0.4 hectare (1 acre) 81 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres 3 metres 7.62 metres 3 metres (25 feet) (10 feet) (25 feet) (10 feet) * The front yard requirement shall be increased to 15 metres (50 feet) if parking is provided at the front of the building. 6. OFF-STREET PARKING (1) Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations for the type of use proposed, and the number of parking stall shall be determined by the Development Officer or the Municipal Planning Commission. 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (1) All unenclosed storage shall be securely fenced or screened from view so as not to detract from surrounding areas. (2) An accessory building may be used as a residence in a commercial or industrial district for security or fire protection of the main building or use of the site. (3) An accessory building shall have the same minimum yard requirements as the principal building. 82 HAMLET RESIDENTIAL DISTRICT (HR) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF RESIDENTIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. 1. PERMITTED USES (1) Accessory buildings and uses to an existing Dwelling Unit (2) Dwelling or new mobile home (3) Parks and playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Dwelling, semi-detached (2) Home occupation (office use only) (3) Move-in buildings (includes residence/dwelling, and accessory buildings) (4) Pre-owned mobile home (5) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Dwelling, multi-unit (2) Family care home (3) Home occupation (4) Post office (5) Public and quasi-public buildings and uses (6) Keeping of chickens (maximum of 4 laying hens only) (7) Performance and event venue (8) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) No sewage collection systems - 1,800 m2 (19,375 ft2) with a minimum width of 30 metres (100 feet) (2) Water distribution and sewage collection system - 465 m2 (5,000 ft2) with a minimum width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres *1.52 metres 3 metres 3 metres (25 feet) (5 feet) (10 feet) (10 feet) * For mobile homes, the side yard shall be increased to a 4.5 metres (15 feet) on the side which the main entrance door is located. 6. OFF-STREET PARKING As required by the Development Officer or the Municipal Planning Commission 83 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) An accessory building shall not be constructed within the front or flankage yard of any parcel. (2) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. (3) An accessory building shall be located at least 1 metre (3 feet) from the side property line and 1.52 metres (5 feet) from the rear property line, except where a rear vehicular entrance is located, in which case the distance to the lane will be extended to 5.5 metres (18 feet). (4) An accessory building shall not exceed 4.87 metres (16 feet) in height. (5) Maximum site coverage for all structures and hard surfacing - 30% of the total lot area. (6) An accessory building shall not exceed 93 m2 (1,000 ft2) in area. The maximum floor area dedicated to accessory buildings shall be 139 m2 (1,500 ft2) or 15% of the total lot area, whichever is less. No Development Officer discretion is permitted. (7) Unless otherwise approved, an accessory building shall not be used for living purposes. (8) A maximum of up to 4 chickens (laying hens for personal use only) may be allowed. Each chicken must be provided with at least 0.37m2 (4 ft2) of interior floor area within an enclosed, secure coop for shelter and housing. The coop must be well maintained, and kept in good sanitary conditions that prevents nuisance odors. The coop will be counted towards the hard surfacing and site coverage of the property. All manure must be removed and disposed of in a timely and proper manner to prevent nuisance issues which result in complaints from adjacent neighbors. Any and all manure stored on site must be kept in a fully enclosed container until properly disposed. Roosters will not be permitted, and there will be no breeding allowed. The issuance of a development permit by the Municipal Planning Commission may be subject to an annual review. The development permit will not be transferable from one owner to the next, or from one property to another. 8. SPECIAL REGULATION: MOBILE HOMES (1) Skirting of mobile homes, including finishing, must be completed within 30 days of the date that the mobile home is placed on the property. (2) Appearance, design and construction of accessory structures or additions must complement the design of the mobile home. (3) All mobile homes shall conform to the CSA A 277 Standards. 84 HAMLET RESIDENTIAL (SINGLE FAMILY) DISTRICT (HSR) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF RESIDENTIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. 1. PERMITTED USES (1) Accessory buildings and uses to an existing Dwelling (2) Dwelling (3) Parks and playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Family care home (2) Home occupation (3) Move-in buildings (4) Semi-detached dwelling (5) Public and quasi-public buildings and uses (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) No sewage collection system - 1,800 m2 (19,375 ft2) with a minimum width of 30 metres (100 feet) (2) Water distribution and sewage collection system - 465 m2 (5,000 ft2) with a minimum width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres *1.52 metres 3 metres 3 metres (25 feet) (5 feet) (10 feet) (10 feet) 6. OFF-STREET PARKING As required by the Development Officer or the Municipal Planning Commission 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) An accessory building shall not be constructed within the front or flankage yard of any parcel. (2) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. (3) An accessory building shall be located at least 1 metre (3 feet) from the side property line and 1.52 metres (5 feet) from the rear property line, except where a rear vehicular 85 entrance is located, in which case the distance to the lane will be extended to 5.5 metres (18 feet). (4) An accessory building shall not exceed 6.0 metres (20 feet) in height. (5) Maximum site coverage for all structures and hard surfacing - 30% of the total lot area. (6) An accessory building shall not exceed 111.48 m2 (1,200 ft2) in area. The maximum floor area dedicated to accessory buildings shall be 139 m2 (1500 ft2) or 15% of the total lot area, whichever is less. No Development Officer discretion is permitted. (7) Unless otherwise approved, an accessory building shall not be used for living purposes. 86 HIGHWAY COMMERCIAL DISTRICT (HWY-C) THE GENERAL PURPOSE OF THIS DISTRICT IS TO PROVIDE GOODS AND SERVICES TO THE TRAVELLING PUBLIC; RETAILERS REQUIRING LARGE SALES AREAS (eg. automobile and farm equipment dealers); AND RETAIL/WHOLESALE OUTLETS THAT SERVE THE AGRICULTURAL COMMUNITY. 1. PERMITTED USES None 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Coverall building (3) Motels and hotels (4) Private signs (5) Restaurants and cafes (6) Service stations and convenience stores (7) Automotive and/or recreational vehicle sales and repair (8) Equipment sales and repair (9) Move-in buildings (accessory buildings) (10) Storage container (maximum of one) (11) Solar energy panels and associated equipment for individual use (12) Performance and event venue 3. CLASS II DISCRETIONARY USES (1) Accessory dwelling or accessory mobile home, or move-in residence/dwelling (2) Campgrounds (3) Liquor stores, pubs, and other licensed premises (4) Off-site electronic display sign (5) Retail Cannabis Store (6) Other uses consistent with the Definition of General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA: 0.4 hectare (1 acre) 5. MINIMUM YARD REQUIREMENT Front Side Flankage Rear See Section 48 6 metres See Section 48 7.62 metres (20 feet) (25 feet) 6. ACCESS AND EGRESS As approved by Alberta Transportation 7. OFF-STREET PARKING Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations for the type of use proposed, and the number of parking stalls shall be determined by the Development Officer or the Municipal Planning Commission. 87 8. LANDSCAPING In addition to any landscaping requirements in this Bylaw, all outdoor storage and garbage containers shall be screened from the public roadways and highways. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) An accessory building may be used as a residence for security or fire protection of the main building or use of the site. (2) An accessory building shall have the same minimum yard requirements as the principal building. 88 INDUSTRIAL DISTRICT (I) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE RURAL INDUSTRIAL DEVELOPMENT. 1. PERMITTED USES None 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Coverall building (3) Bulk oil and fertilizer storage (excluding ammonia) (4) Farm equipment sales and repairs and assembly (5) Equipment sales and repair (6) Automotive and/or recreational vehicle sales and repair (7) Retail sales, manufacturing, and storage of mobile homes and/or modular homes (8) Lumber sales (9) Manufacturing operations (10) Move-in buildings (11) Private signs (12) Storage and maintenance yards and facilities (13) Mini storage facility (14) Trucking and freight terminals (15) Warehouses (16) Welding and repair shops (17) Well servicing operations (18) Three or more storage containers (19) Solar energy panels and associated equipment for individual use (20) Performance and event venue 3. CLASS II DISCRETIONARY USES (1) Accessory dwelling or accessory mobile home or move-in residence/dwelling (2) Agricultural processing plants (3) Auction yard (4) Auto wrecking and salvage yards (5) Livestock sales yard (6) Petro chemical refining and processing facilities (7) Sand, gravel and asphalt operations (8) Licensed Medical Cannabis Production Facility (9) Licensed Cannabis Production Facility (10) Commercial solar energy facility (11) Off-site electronic display sign (12) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA: 0.4 hectare (1 acre) 89 5. MINIMUM YARD REQUIREMENT Front Side Flankage Rear *9.14 metres 6 metres *9.14 metres 7.62 metres (30 feet) (20 feet) (30 feet) (25 feet) *Minimum yard distances from subdivision streets or service roads only. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 6. OFF-STREET PARKING Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations for the type of use proposed, and the number of parking stalls shall be determined by the Development Officer or Municipal Planning Commission. 7. SITE RESTRICTIONS (1) In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply; (2) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. 90 LIGHT INDUSTRIAL DISTRICT (LI) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE RURAL INDUSTRIAL DEVELOPMENT. 1. PERMITTED USES None 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Coverall building (3) Home occupation (4) Move-in buildings (5) Private signs (6) Storage or warehouse building or mini storage (7) Mini storage facility (8) Farm equipment sales and services (9) Manufacturing, light (10) Welding and repair shops (11) Car and truck wash (12) Well servicing operations (13) Retail sales, manufacturing, and storage of mobile homes and modular homes (14) Automotive and/or recreational vehicle sales and repair (15) Automotive repair, auto body and paint shops (16) Building supply sales (wholesale) (17) Contractor services (18) Restaurant and café (19) Service station and convenience store (20) Cardlock filling station (21) Storage container (maximum of one) (22) Solar energy panels and associated equipment for individual use (23) Performance and event venue 3. CLASS II DISCRETIONARY USES (1) Accessory dwelling (2) Licensed Medical Cannabis Production Facility (3) Licensed Cannabis Production Facility (4) Cannabis Retail Store (5) Off-site electronic display sign (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA: 0.4 hectares (1 acre), or all the land which is contained within an existing certificate of title. 5. MINIMUM YARD REQUIREMENT Front Side Flankage Rear *9.14 metres 6 metres *9.14 metres 7.62 metres (30 feet) (20 feet) (30 feet) (25 feet) 91 *Minimum yard distances from subdivision streets or service roads only. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 6. OFF-STREET PARKING Off-street parking shall be provided in accordance with Section 63 Off-street Parking Regulations for the type of use proposed, and the number of parking stalls shall be determined by the Development Officer or Municipal Planning Commission. 7. BUILDING RESTRICTIONS (1) With the exception of driveways and private signs, all front and flankage yards shall be landscaped. (2) Any long term storage of material outside of a building shall be screened from public view and may require a Development Permit if considered by the Development Officer to be separate development from the main use of the land. 8. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (1) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. 92 PUBLIC AND SEMI-PUBLIC SERVICE DISTRICT (PS) THE GENERAL PURPOSE OF THIS DISTRICT IS TO PROVIDE FOR THE DEVELOPMENT OF SOCIAL, EDUCATIONAL, GOVERNMENTAL AND OTHER PUBLIC AND SEMI-PUBLIC BUILDINGS AND USES. 1. PERMITTED USES (1) Public community centre (2) Public education facility (3) Parks and playgrounds 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (2) Government service (3) Religious assembly (4) Accessory dwelling unit (upon completion of principal building or use) (5) Storage container (maximum of one) (6) Solar energy panels and associated equipment for individual use (7) Performance and event venue 3. CLASS II DISCRETIONARY USES (1) Group care facility (2) Move-in buildings (mobile homes, residence/dwelling, and accessory buildings) (3) Recreation facility (4) Senior citizen's housing (5) Cemetery (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission. 4. MINIMUM LOT AREA (1) No sewage collection systems - 1,800 m2 (19,375 ft2) with a minimum width of 30.48 metres (100 feet) (2) Water distribution and sewage collection system - 465 m2 (5,000 ft2) with a minimum width of 15.24 metres (50 feet) 5. MINIMUM YARD REQUIREMENT (1) Subject to sub-clause (2), as required by the Development Officer or the Municipal Planning Commission. (2) Where a site in a Public, and Semi-Public Service District abuts a residential district, whether or not there is an intervening public roadway, the side yard abutting the residential district shall have a minimum side yard setback equal to or greater than the minimum side yard setback required for the abutting residential District. 6. OFF-STREET PARKING As required by the Development Officer or the Municipal Planning Commission 7. BUILDING HEIGHT As required by the Development Officer or the Municipal Planning Commission 93 8. SCREENING ADJACENT TO RESIDENTIAL DISTRICTS Any side yard or rear yard that abuts a residential district, whether or not there is an intervening public roadway, shall be screened to a minimum height of 1.8 metres by a fence, privacy wall, gate or landscaping satisfactory to the Commission or the Development Officer. 9. ENTRANCES AND EXITS The design and location of entrances and exits for vehicles shall be approved by Public Works and shall comply with the municipality's access and approach standards 94 RECREATION FACILITY DISTRICT (RF) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF INSTITUTIONAL CAMPS AND PUBLIC OR QUASI-PUBLIC FACILITIES. PRIOR TO DEVELOPMENT OF MAJOR FACILITIES, THE APPLICANT SHOULD PRODUCE A MASTER PLAN SHOWING THE BUILDINGS LAYOUT, SERVICING ARRANGEMENTS, AN EMERGENCY EVACUATION PLAN, AND THE PROJECTED CAPACITY OF THE TOTAL DEVELOPMENT. 1. PERMITTED USES (1) Accessory buildings and uses to an existing Seasonal Cabin (2) Seasonal cabins or dormitories under 100 m2 (1,076 ft2) (3) Public utility buildings or uses required to serve the district (4) Recreation facilities (5) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Bed and breakfast facility (2) Commercial facilities (3) Home occupation (office use only) (4) Storage container (maximum of one) (5) Solar energy panels and associated equipment for personal or individual use (6) Performance and event venue 3. CLASS II DISCRETIONARY USES (1) Move-in buildings (includes residence/dwelling, and accessory buildings) (2) Permanent dwelling unit(s) (3) Public assembly buildings (4) Seasonal cabins or dormitories over 100 m2 (1,076 ft2) (5) Mobile homes (6) Campground (7) Standalone or additional accessory buildings (8) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. LOT AREA As required by the approving authority 5. MINIMUM YARD REQUIREMENT Front Side Flankage Rear *9.14 metres 9.14 metres *9.14 metres 9.14 metres (30 feet) (30 feet) (30 feet) (30 feet) *Minimum yard distances from subdivision streets or service roads only. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 95 6. MAIN BUILDING RESTRICTIONS (1) Maximum building height - 9.14 metres (30 feet) (2) Building separation - 9.14 metres (30 feet) (3) Exterior finish - unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, the exterior shall consist of pre-colored stucco, brick, vinyl siding, or other approved fire retardant material; (4) Roof - unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, the pitch is not to be less than 4:12 and roofing material to be clay tile, concrete, tile, fibreglass composition shingles or metal roofing complementary to the color of the building. (5) Foundation - the foundation is to extend to the ground above the perimeter of the building with cement parging to be applied to the above - ground portion. 7. ACCESSORY BUILDING RESTRICTIONS (1) Maximum building height - 6 metres (20 feet) (2) Maximum building area - 111 m2 (1,200 ft2) (3) Building separation - 3 metres (10 feet) (4) Exterior finish - unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, the exterior shall consist of pre-colored stucco, brick vinyl siding, or other approved fire retardant material; (5) Roof- unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, pitch of not less than 4:12; roofing material to be clay tile, concrete, tile, fibreglass composition shingles or metal roofing complementary to the color of the building. (6) Foundation - the foundation is to extend to the ground around the perimeter of the building with cement parging to be applied to the above - grade portion. (7) Unless otherwise approved, an accessory building shall not be used for living purposes. 8. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 50. Any off-spring over the maximum number of approved animals shall be removed from the site within six months. A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent land owners. (2) Not more than three dogs excluding unweaned pups, shall be kept on a site. Any dogs must be controlled so that they comply with the Dog Control Bylaw. (3) Fencing shall be barbed wire, page wire, or chain link and shall not be permitted to fall into despair. (4) An adequate water supply for both domestic purposes and for fire prevention shall be available. (5) All dead fall, downed trees, and other vegetative debris within the site shall be removed and all grasses within 10 metres (33 feet) of any building shall be watered and trimmed to less than 10 cm (4 inches). (6) To minimize the spread of wildfires, large upper story trees shall be thinned to reduce crown cover to less than 40% of the total area within 10 metres (33 feet) of any structure. The minimum separation distance between crowns of adjoining trees shall be 96 3 metres (10 feet). The branches on all remaining trees within 1.52 metres (5 feet) of the ground shall be removed. All understory trees and shrubs within 10 metres (33 feet) of any structure shall be removed. (7) Within a forested area, a perimeter fire protection border a minimum of 20 metres (66 feet) wide, free and clear of all vegetation other than grasses trimmed to less than 10 cm (4 inches) shall be maintained around any major building site. A 10 metre (33 feet) wide all weather access land for fire equipment must be provided to a minimum of 2 points on the perimeter border. 97 RECREATION / RESIDENTIAL RESORT DISTRICT (RRR) THE PURPOSE OF THIS DISTRICT IS TO PERMIT THE DEVELOPMENT OF COMPREHENSIVELY PLANNED RECREATIONAL AND RESIDENTIAL RESORT DEVELOPMENT IN THE RURAL SETTING. UTILITY SERVICES AND HIGH-QUALITY DEVELOPMENT STANDARDS WILL BE REQUIRED. 1. PERMITTED USES (1) Accessory buildings and uses to an existing Dwelling (2) Dwellings, detached (3) Dwellings, semi-detached (4) Public parks and playgrounds (5) Utility systems (6) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Home occupations (office use only) (2) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Dwellings, multi-unit (2) Golf courses and associated facilities (3) Move-in buildings (mobile homes, residence/dwelling, and accessory buildings) (4) Public and quasi-public buildings and uses (5) Mobile homes (6) Recreation facility 4. MINIMUM LOT REQUIREMENT (1) Single family detached dwellings - 600 m2 (6,459 ft2) with a minimum frontage of 15 metres (49.2 feet) measured at the required front yard. (2) Semi-detached dwellings - 500 m2 (5,382 ft2) per unit with a minimum frontage for each unit of 13.0 metres (42.7 feet) measured at the required front yard. (3) Multi-unit dwellings - 400 m2 (4,305 ft2) per unit. 5. MINIMUM YARD REQUIREMENTS *Front *Side *Flankage *Rear 7.62 metres 1.52 metres 3 metres 7.62 metres (25 feet) (5 feet) (10 feet) (25 feet) *Setback distances shall be measured from the applicable yard property line. Setbacks from any other rural County roads shall be in compliance with Part V, Section 48 of the General Land Use Regulations. 6. MAIN BUILDING(S) RESTRICTIONS (1) Maximum building height - 11.0 metres (36 feet) (2) Maximum site coverage for all structures and hard surfacing, including landscaping, is not to exceed 45% of the total lot area. The maximum site coverage for the dwelling, attached garage, and driveway combined is not to exceed 40% of the total lot area. 98 7. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall not exceed 92.9 m2 (1,000 ft2) in area. The maximum floor area dedicated to accessory buildings shall be 139 m2 (1,500 ft2) or 15% of the total lot area, whichever is less. No Development Officer Discretion permitted. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall be located at least 1 metre (3 feet) from the side property line. (4) An accessory building shall not exceed 4.87 metres (16 feet) in height. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. 8. PARKING OF MOTOR AND RECREATION VEHICLES (1) Each residential unit shall have a minimum of two on-site parking spaces provided either on the lot or within a structure. (2) Additional parking requirements for recreational activities and uses shall be to the satisfaction of the Development Officer. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply; (1) Livestock shall not be kept nor kennels allowed within this District. Animals permitted to be kept on any parcel shall be limited to household pets, such as dogs, cats or other small animals. 99 RURAL COMMERCIAL DISTRICT (RC) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF VARIOUS COMMERCIAL USES THAT ARE LOCATED IN THE RURAL AREA THAT IS EITHER OUTSIDE OF A HAMLET BOUNDARY, OR SITUATED ON A PROPERTY THAT IS NOT DIRECTLY ADJACENT TO A PROVINCIAL HIGHWAY. 1. PERMITTED USES None 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Coverall building (3) Move-in accessory buildings (4) Restaurant, café or diner (5) Retail store (6) Antique store (7) Market garden (8) Financial Institution or Insurance Agency (9) Office (10) Bed and breakfast (11) Day care facility (12) Post office (13) Advertising sign (14) Storage container (maximum of one) (15) Solar energy panels and associated equipment for individual use (16) Performance and event venue 3. CLASS II DISCRETIONARY USES (1) Accessory dwelling or accessory mobile home, or accessory move-in residence/dwelling (2) Automotive sales and repairs (3) Recreational vehicle sales, repairs, storage (4) Convenience store and gas station (5) Car wash (6) Motel, inn or hotel (7) Liquor store, pub, and other licensed premises (8) Animal boarding kennel (9) Veterinary clinic (10) Auction mart (11) Funeral home service (12) Paint ball recreation area (13) Amusement area and facility (go-karts, mini-golf, batting cages, amusement rides, bumper cars) (14) Mini storage facility (15) Portable sign (16) Cannabis Retail Store (17) Public building and uses (18) Quasi-public buildings and uses 100 (19) Off-site electronic display sign (20) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission. 4. MINIMUM LOT AREA 0.40 hectares (1 acre), or all of the land which is contained within an existing certificate of title. 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14 metres* 6.0 metres 9.14 metres* 3 metres (30 feet) (20 feet) (30 feet) (10 feet) *Minimum yard distances from the property line of service roads or internal subdivision streets only. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 6. OFF-STREET PARKING (1) The number of parking stalls for both customers/patrons, and for staff shall be determined by the appropriate development approval authority in accordance with Part V General Land Use Regulations, Section 63, Off-street Parking Regulations. 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations, the following regulations shall apply: (1) An accessory building shall have the same minimum yard requirements as the principal building. (2) Maximum building height for either the principal or accessory building shall be no greater than 10.97 metres (36 feet). (3) A storm water management plan, prepared by a qualified, professional engineer will be required to be provided as a condition of the development's approval. (4) Any long term or regular storage of material outside of a building may be required to be screened from public view as a condition of the developments approval. 101 SEASONAL RESIDENCE DISTRICT (SR) THIS DISTRICT IS ESTABLISHED FOR SMALLER LOT DEVELOPMENTS WHICH ARE INTENDED FOR SEASONAL RESIDENCES. THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF SUCH SEASONAL RESIDENCES. 1. PERMITTED USES (1) Accessory buildings and uses to an existing Cottage or Seasonal Residence (2) Cottage or seasonal residence (3) Dwelling unit (4) Public parks and playgrounds (5) Swimming pools (6) Storage container (maximum of one) 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Bed and breakfast facility (3) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Private parks and playgrounds (2) Recreation facilities (public and private) (3) Move-in buildings (including residence/dwelling, and accessory buildings) (4) Mobile homes (5) Standalone or additional accessory buildings (6) Other similar buildings and uses as approved by the Municipal Planning Commission 4. LOT SIZES (1) Maximum Size: 1 hectare (2.47 acres) (2) Minimum Size: (3) No sewage collection system - 1,800 m2 (19, 375 ft2) with a minimum width of 30 metres (100 feet) (4) Water distribution and sewage collection systems - 465 m2 (5,000 ft2) with a minimum width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres *1.52 metres *4.5 metres 6 metres (25 feet) (5 feet) (15 feet) (20 feet) * Minimum yard distances from subdivision streets or service road only. Setbacks from County roads shall be in compliance with Section 48 of the General Land Use Regulations. 6. BUILDING RESTRICTIONS (1) Maximum site coverage for all structures and hard surfacing - 30% of total lot area. (2) Building separation - 1.52 metres (5 feet) 102 (3) Maximum floor area of a single accessory building - 92.9 m2 (1,000 ft2). Maximum floor area of all accessory buildings - 139 m2 (1,500 ft2) or 15% of the total lot area, whichever is less. No Development Officer Discretion permitted. (4) Maximum height of an accessory building - 4.8 metres (16 feet) (5) Maximum number of accessory buildings per lot - 2 (6) Unless otherwise approved, an accessory building shall not be used for living purposes. 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) Livestock shall not be kept nor kennels allowed within this District. Animals permitted to be kept on any parcel shall be limited to household pets, such as dogs, cats or other small animals. (2) Not more than three dogs excluding unweaned pups, shall be kept on a site. (3) Dogs must be controlled so that they comply with the Dog Control Bylaw. (4) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. 103 WIND ENERGY FACILITY DISTRICT (WEF) THE PURPOSE OF THIS DISTRICT IS TO PROVIDE FOR THE DEVELOPMENT OF WIND POWER GENERATION WHICH FEEDS POWER INTO THE PROVINCIAL GRID. IT SHALL TAKE THE FORM OF AN OVERLAY DISTRICT IN WHICH THE REQUIREMENTS OF THE EXISTING LAND USE DISTRICT WILL CONTINUE IN EFFECT FOR ALL USES OTHER THAN WIND ENERGY FACILITIES AND ASSOCIATED USES. IN ADDITION TO THE REQUIREMENTS OF THE GENERAL LAND USE REGULATIONS AND SCHEDULES, THE FOLLOWING REGULATIONS SHALL APPLY TO ANY WIND ENERGY FACILITY APPLICATION. 1. PERMITTED USES (1) Accessory buildings and uses (2) Small scale wind energy facilities 2. CLASS I DISCRETIONARY USES (1) Storage container (maximum of one) 3. CLASS II DISCRETIONARY USES (1) Wind energy facilities (including turbines and substations) (2) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA Existing title, or an unsubdivided quarter section 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear See Section 48 7.62 metres See Section 48 7.62 metres (25 feet) (25 feet) 6. SETBACKS (1) Where, in the opinion of the Development Authority, the setbacks referred to in section 5 are not sufficient to reduce the impact of a WEF from a public roadway or a primary highway, the Development Authority may increase the required setback. (2) A WEF should not be located less than four times the height of the WEF, as measured from the ground to the highest point of the rotor's arc, from a residential dwelling unit; but in all instances, the minimum setback applied shall be in accordance with the AUC (Alberta Utilities Commission) stipulations or standards. The Development Authority may increase the required setback distance from an adjacent residence in order to reduce the impact from the WEF. (3) All turbines shall be positioned so that the tip of the turbine's blade is entirely within the property for which the turbine has been placed. 7. INFORMATION REQUIREMENTS (1) All development applications for a WEF shall be accompanied by: (a) an accurate site plan showing and labelling the information including the location of overhead utilities on or abutting the subject lot or parcel, and contours of the land and access roads; 104 (b) a visual representation including scale elevations, photographs and/or digital information of the proposed WEF showing total height, tower height, rotor diameter, color and the landscape; (c) the manufacturer's specifications indicating: i. the WEF rated output in kilowatts, ii. safety features and sound characteristics, (d) an analysis and modelling of the potential noise at: iii. the site of the installation, iv. the boundary of the parcel containing the development, v. any habitable residence within a 2 km (1.2 miles) distance. (2) A report regarding any public information meetings or other process conducted by the developer; (3) Any impacts to the local road system including required approaches from public roads having regard to County standards; (4) Engineer's drawings to County standards as requirement for upgrading the local road system; (5) An environmental impact assessment in detail of the proposed site; (6) Preliminary reclamation/decommissioning plans. 8. REFERRALS (1) As a condition of approval on a development application for a WEF, the developer shall be responsible for providing the appropriate reports and/or obtaining the approvals from the following: (a) Alberta Utilities Commission, (b) Transport Canada, (c) Navigation Canada, (d) Alberta Community Development, (e) Alberta Environment and Parks, The developer may be required to obtain approval from Alberta Environment if the proposal is on crown land or located on or in close proximity to lands identified as environmentally sensitive areas. 9. DECOMMISSIONING (1) Should a WEF discontinue producing power for a minimum of two years, the WEF operator shall be required to provide a status report. A review of the status report by the Development Authority may result in a request for the WEF to be decommissioned. Failure to comply with a decommissioning request may result in the issuance of a stop order by the designated officer in accordance with the provisions of the Municipal Government Act. 10. MINIMUM BLADE CLEARANCE (1) The minimum vertical blade clearance from grade shall be 7.5 m (24.6 feet) for a WEF employing a horizontal axis rotor unless otherwise required by the Development Authority. 11. TOWER ACCESS AND SAFETY (1) To ensure public safety, the Development Authority may require that: 105 (a) a security fence with a lockable gate shall surround a WEF tower not less than 1.8 m (5.9 feet) in height of the tower is climbable or subject to vandalism that could threaten tower integrity; (b) no ladder or permanent tower access device shall be located less than 3.7 m (12.1 feet) from grade; (c) a locked device shall be installed on the tower to preclude access to the top of the tower; (2) All of the above be provided or such additional safety mechanisms or procedures be provided as the Development Authority considers reasonable and appropriate; (3) The use of tubular towers, with locked door access, will preclude the above requirements. 12. DISTRIBUTION LINES (1) All power lines from the approved WEF up to the point of interconnection of the grid should be underground except where the Development Authority approves overhead installations. 13. COLOUR AND FINISH (1) Unless otherwise required by the Development Authority, a WEF shall be finished in a nonreflective matte and in a color which minimizes the obtrusive impact of a WEF to the satisfaction of the Development Authority. (2) No lettering or advertising shall appear on the towers or blades. In other parts of the WEF, the only lettering will be the manufacturers and/or owner's identification or municipal symbol. 14. DECISION CRITERIA (1) The Development Authority may apply any standards that are provided for in the underlying district. (2) As WEF are categorized as a discretionary use, the Development Authority may approve WEF on a case-by-case basis having regard for: (a) information provided in the application (b) proximity to other land uses in the immediate area, (c) consideration of the cumulative effect of all WEF approved or proposed in the immediate area, (d) underlying utilities, (e) information received from the circulation of the application and the public.; (f) effects and impacts on municipal roads. 15. SECURITY REQUIREMENTS FOR ROADS (1) The Development Authority may require the developer to provide security to the municipality for the purposes relating to disturbance or upgrades to the municipal roads that are needed to access the WEF sites during installation/construction of the turbines and/or substation. (2) The municipality and the WEF company shall enter into a development agreement, that specifies the amount, forms, and terms for the security to be provided. (3) The security will be released to the WEF company once the municipality is satisfied that any municipal road issues/concerns have been satisfied as stated within the terms of the development agreement. 106 16. TIME EXTENSIONS FOR APPROVALS (1) Any portion of a project not completed within two years of approval shall require an application for a time extension. The time extension application shall be considered by the MPC and may be granted in one year increments. 107 SCHEDULE A DEVELOPMENT STANDARDS FOR MOVE-IN BUILDINGS 1. Any application for a "move-in" building is subject to all conditions and regulations specified under the appropriate District. In addition, the Development Officer or the Municipal Planning Commission may require: (1) Recent color photographs of the structure from all angles; (2) An indication whether the building will meet the requirements of the Safety Codes Act, and if it does not, how the building will be brought up to these standards within the time limit established by the Municipal Planning Commission; (3) The applicant to be responsible for any pre-moving inspection travel costs of the Development Officer or members of the Municipal Planning Commission; (4) Security to be obtained as set by resolution of the Municipal Planning Commission, and the terms for the security to be set out in a development agreement between the municipality and the applicant. 2. The standards to which the building shall comply shall be established by the Development Officer or the Municipal Planning Commission at the time of the approval of the application and shall be such that the standard of construction of the building is compatible by being at least equal to or better than the average condition of other buildings in the area, prior to being moved. 3. All renovations to a "moved-in" building shall be completed within six months of the issuance of the development permit, or at the discretion of the Development Officer or Municipal Planning Commission. 4. Move-in buildings shall include move-in residences/dwellings, move-in accessory buildings, and any other move-in structure. 5. Modular homes, as defined as dwelling in the Bylaw, shall not be considered as a move-in building 6. The Development Officer has the authority to refer any "move-in building" application, deemed as a Class I Discretionary Use, to the Municipal Planning Commission for approval purposes if necessary. 108 SCHEDULE B HOME OCCUPATION A home occupation shall not be permitted unless it is in conformity with the following regulations: 1. Home occupation does not undermine livability standards of the residential use of the property, the adjacent properties and the area; 2. The nature and extent of the home occupation, as determined by the Development Officer or Municipal Planning Commission, makes it uneconomical and unreasonable to locate the occupation in a commercial or light industrial area; 3. The home occupation is to be carried out by the occupants of the home. At the discretion of the Municipal Planning Commission, the approval for a home occupation permit may be subject to a time limited basis resulting in periodical review, and renewal of the permit. Any off-site employees shall be regulated at the discretion of the Municipal Planning Commission or Development Officer; 4. No advertising or display of produce shall be permitted on the property except for one non- illuminated sign of 1 m2 (10 ft2) placed flat against the building or fence; 5. The Municipal Planning Commission, if it deems appropriate, may allow goods to be stored on the site provided the storage of such is contained entirely within the dwelling or accessory building, or is screened from public view, and is not a fire or health hazard; 6. Only one commercial vehicle shall be allowed in connection with a home occupation proposal. Sufficient off-street parking stalls must be provided as part of the application. Additional off-street parking may be imposed as a condition of the permit's approval; 7. A commercial vehicle to be parked or maintained on the property shall be subject to the Municipal Planning Commission approval in terms of size and appearance, and any additional commercial vehicles shall be subject to the Municipal Planning Commission's approval; 8. Subject to the other provisions of this part of the Bylaw, 1-ton capacity commercial vehicles and any other smaller commercial vehicles which in the opinion of the Municipal Planning Commission would not be complementary or compatible to the residential character of the area, shall not be parked or maintained in the front of the property. The Commission, may, at its discretion, relax this requirement in a situation where it is not possible to park the vehicle in the backyard because of access problems; 9. No such home occupation which creates noise vibration, smoke, dust or odours shall be permitted. 10. The Development Officer may approve home occupations for "office use only". "Office use only" is to involve members of the immediate household and is to include telephone, mail, 109 and minor storage activities within the residence only. A single, smaller commercial vehicle may be permitted as part of an "office use only" home occupation. 110 SCHEDULE C EXTRACTION AND PRODUCTION OF SAND, GRAVEL, SURFACE MINERALS, AND BORROWING EXCAVATIONS 1. Any application for sand, gravel or other surface mineral operation is subject to all conditions and regulations specified under the appropriate District for Class I and Class II gravel pits, and borrowing excavations. and In addition, the Municipal Planning Commission may require, but not be limited to the following information submitted with an application; (1) a detailed site plan including the area being excavated, locations of equipment, and stockpiles (overburden and topsoil piles); (2) resource(s) being extracted and/or processed (e.g. sand, gravel); (3) types of activities (e.g. excavating, gravel crushing, stockpiling); (4) the roads and access points to the site (haul routes) (5) setbacks from the property lines; (6) the phasing of the development and estimated operation time frame; (7) reclamation proposals, process, and time lines; and (8) any other information considered necessary by the Municipal Planning Commission. 2. In any sand, gravel or other surface mineral extraction operation, the operator or lessee shall only be required to obtain one such permit to develop the site area as described within the Site Plan during the life of each site location. Operators of Class II pits on private land must cease operations once the pit reaches 5 hectares in area. At that point, the pit operator is expected to apply and receive a registration from Alberta Environment and Parks. 3. Topsoil must be stockpiled in such a manner that it can be used to reclaim the worked-out site. 4. Potential soil erosion risk shall be minimized by seeding the stockpiled soils and reclaimed pit area with a certified, weed-free mixture to enable rapid growth of vegetative cover. 5. All reclamation is to be carried out in accordance and shall be in full compliance with the appropriate Provincial regulations. 6. The Municipal Planning Commission shall consider the effects of dust, noise, traffic, and air and water pollution and how it may impact adjacent land uses when evaluating surface extraction operations. 7. The Municipal Planning Commission may require a letter of credit from a financial institution to guarantee that these requirements are carried out. 111 SCHEDULE D PROTECTION OF EXISTING CONFINED FEEDING OPERATIONS 1. The Municipal Planning Commission shall restrict the development of incompatible land uses adjacent to confined feeding operations and shall ensure that an appropriate setback based on the Minimum Distance Separation (MDS) formula is maintained. 2. Upon receipt of a development or subdivision application for a non-intensive agricultural use or a non-agricultural use within an Agricultural District, the Development Officer shall: (1) Plot the location of the proposed development on the most recent available land use map showing the location of known confined feeding operations; (2) Determine whether there are any existing confined feeding operations within 1,000 metres (3,280 feet) of the proposed development; (3) Where an apparent conflict is present, make verbal contact with the operator of the confined feeding operation to determine the current operational status of the facility and to advise of the proposed development; (4) Where potential conflict appears likely, undertake a site inspection to determine the capacity of the confined feeding operation and the separation distance from the proposed development in accordance with the procedures established pursuant to the current version of the Agricultural Operations, Part 2 Matters Regulation; (5) Calculate the Minimum Distance Separation (MDS) for Non-Agricultural Development; (6) Where the proposed non-agricultural development falls within the established Minimum Distance Separation from an existing confined feeding operation, the Development Officer shall refer the proposal to the Municipal Planning Commission for a decision on the application. 112 SCHEDULE E PRIVATE SIGN REGULATION THE PURPOSE OF THIS SCHEDULE IS TO REGULATE THE LOCATION, SIZE, DESIGN AND CHARACTER OF SIGNS WITHIN CYPRESS COUNTY WHICH ARE NOT UNDER THE DIRECT CONTROL OF ALBERTA TRANSPORTATION. SPECIFICALLY, A DEVELOPMENT PERMIT IS REQUIRED FOR ANY SIGN WITHIN THE CORPORATE LIMITS OF A HAMLET OR FURTHER THAN 300 METRES FROM PROVINCIAL HIGHWAYS AND 800 METRES FROM PROVINCIAL HIGHWAY INTERSECTIONS. SIGNS THAT DO NOT REQUIRE A PERMIT FROM CYPRESS COUNTY WILL REQUIRE A PERMIT FROM ALBERTA TRANSPORTATION. 1. DEFINITIONS (1) Advertisement means any word, letter, model, picture, symbol, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement, announcement or direction. (2) Electronic Display Sign means any sign that uses electronic technology and video display. (3) Official Sign means any sign placed pursuant to government legislation and includes signs approved pursuant to the Highway Development Act. (4) Off-site Sign means a sign which directs attention to a business, commodity, service or entertainment, not exclusively related to the premises on which the sign is located, or to a business, commodity, service or entertainment which is conducted, sold or offered elsewhere than on the premises on which the sign is located. (5) Portable Sign means a sign which may be illuminated and is easily moveable and normally has a message which may be readily modified. Such signs are typically operated by a business which leases these signs to other businesses. (6) Trailer means a trailer as defined in the Traffic Safety Act. R.S.A. 2000 Chapter T-6, as amended or replaced from time to time. 2. EXEMPTIONS (1) The following shall be considered exempted from the provisions of this part of the By- law: (a) Advertisement displayed within a building. (b) Advertisement displayed in or on an operational vehicle provided that it is not displayed in a conspicuous position adjacent to a highway for more than fourteen days. (c) Advertisements displayed on door plates, door bars, or kick plates. 3. SIGNS DEEMED APPROVED (1) The following signs shall be deemed approved for the purpose of this By-law: (a) Official signs. (b) Traffic, directional signs and any informational signs authorized by the County. (c) Notice relating to a sale, lease, or rental of the building, or the land to which it is attached, provided that it is not illuminated and is not larger than 1.5 square metres (16 square feet) in area. (d) Signs relating specifically to a municipal, provincial or federal election provided that such signs shall be removed within 14 days after the election. (e) Notices on land or buildings involving quasi-public purposes such as religious, educational, cultural, recreational or medical. 113 (f) Advertisements of building contractors relating to construction work in progress on the land on which such advertisements are erected, provided that such advertisements shall be removed after the completion of the work. 4. APPLICATION REQUIREMENTS Application for a development permit pertaining to a sign shall be made on a prescribed form together with the following information: (1) Sign drawings are to be drawn to scale. (2) The drawing shall indicate: (a) the location and elevation of the sign on the property, (b) the overall dimensions of the sign, (c) the size of the letter(s), (d) the amount of projection from the face of the building if any, (e) the amount of projection over County property if any, (f) the height of the sign above the average ground level of the face of the building, (g) the manner of illuminating the sign and any form of digital or animated or intermittent lights involved with the sign, (h) the distance from any road intersection together with any traffic control device which may be located in the proximity of the sign, (i) an appropriate fee and, (j) any other information which the Development Officer may deem relevant. (3) In the case of a development proposal for a off-site sign, excluding a freestanding portable sign, the following additional information will be required: (a) a copy of a letter of authorization from the owner of the property on which the sign is to be placed or his authorized agent, (b) at least two color photographs taken from an angle that adequately show: i. the proposed site, ii. adjoining properties and physical features. 5. ISSUANCE OF A PERMIT (1) The Development Officer shall issue the permit for which an application is made where: (a) the proposed sign conforms with this by-law and all other applicable by-laws of the County, (b) the applicant has paid the fees prescribed by the County, (c) the permit shall expire if the work or activity authorized therein is not completed within a period of ninety (90) days from the date of the issuance of the permit. (d) any person erecting, altering, or re-locating a permanent sign for which a development permit has been issued may be required to supply the Development Officer adequate photographs of the sign upon completion of the work. 6. GENERAL REQUIREMENTS FOR SIGNS (1) No person shall erect, construct, enlarge, re-locate, maintain or alter any sign, except as otherwise provided for in sections 3 and 4 of the By-law without first obtaining a permit. (2) Where a sign cannot be clearly categorized as any one of the sign types defined in this By-law, the Municipal Planning Commission shall determine applicable controls. (3) All signs shall maintain the required distance from overhead power lines as prescribe by the electric utility supplier. 114 7. DEVELOPMENT STANDARDS FOR SIGNS (1) A sign shall not conflict with the general character of the surrounding area or the architecture of nearby buildings. (2) Where a sign projects over public property, a minimum height clearance of 2.4 metres (8 feet) shall be maintained between the underside of the sign and the grade below. (3) Where a sign is located in or projects into or over a driveway, a lane or an alley, a clearance of 5.5 metres (18 feet) shall be maintained between the underside of the sign and the grade below. (4) No sign or sign structure shall be located closer than 1.52 metres (5 feet) from the existing or future road right-of-way. (5) No sign or sign structure shall be located closer than 3 metres (10 feet) from an adjacent property line. (6) No sign or sign structure shall obstruct the sight lines from a local road or Provincial Highway of an adjoining private sign. (7) No sign shall be erected, operated, used or maintained which, in the opinion of the Development Officer, due to its position, shape, colour, format or illumination, obstructs the view of, or may be confused with an official traffic sign, signal or device, or other official sign, or (a) obstructs the view of, or otherwise poses a potential hazard to traffic, or (b) display lights which may be mistaken for the flashing lights customarily associated with danger or with those used by police, fire, ambulance or other emergency vehicles. (8) Freestanding signs shall not be permitted in residential land use districts except; (a) real estate advertising signs, (b) construction signs, or (c) election signs, (d) signs confined to the name or address of the premises or the activity carried on, where such activity relates to a use such as school, library, church, museum or similar institution, (e) and in no case shall such a sign exceed 1 square metre (10 square feet) in area. (9) Only one sign per commercial street frontage shall be permitted for each commercial business for the purpose of identifying the business. 8. ROOF SIGNS (1) Roof signs shall be architecturally integrated with the buildings upon which they may be located. (2) Roof signs adjacent to residential areas shall not employ: (a) any flashing or intermittent lights, (b) devices or means to create the impression of flashing lights, or (c) means or devices to rotate the sign. 9. PORTABLE SIGNS (1) Portable signs will be considered as a Class I Discretionary Use, and must adhere to the following restrictions regardless of their intended use or purpose; (a) the sign is not to be located on Cypress County property, including road allowances, parks, utility lots and rights-of-way, municipal reserve, etc., 115 (b) the overall height of the sign shall not exceed 2.5 metres (8.2 feet) above the ground, and the overall maximum area of the sign shall not exceed 4.6 square metres (50 square feet); (c) the sign must be placed no closer than 15 metres (49.2 feet) from a neighbouring adjacent property line; (d) the sign shall not be located in such a manner so as to restrict the view of a traveller on any street from obtaining a clear view of approaching vehicles or pedestrians for a distance of 45 metres (147.6 feet) along a street; (e) the sign shall be setback a minimum distance of 1.5 metres (4.9 feet) inside the property line, and shall be placed at least 20 metres (65.6 feet) from any intersection, and 3 metres (9.8 feet) from an access approach; (f) if the sign is illuminated or digitalized, and is located or placed within a residential district or adjacent to a residential district, the light of the sign shall be turned off at 11:00 p.m., and shall not be turned on any earlier than 7:00 a.m. (g) a maximum of one portable sign may be permitted on the property at any one time. Any additional portable signs will require the approval of the Municipal Planning Commission as a Class II Discretionary Use. (h) the placement of the sign may be on a time limited basis as a condition of the approval. (2) A Portable Sign does not require a development permit provided that it meets the following conditions; (a) the use of the sign is intended for a one-time special event, or for weddings, family reunions, or for birthdays/anniversaries for private citizens, (b) the sign is not to be used as an off-site advertising sign, or for any type of commercial/industrial advertising, (c) the use of the sign on the property does not exceed 30 days, and therefore the sign is to be removed immediately after the expiration of the 30 days. 10. DEVELOPMENT STANDARDS FOR OFF-SITE SIGNS (1) Off-site signs shall be subject to the following regulations; (2) There shall be a minimum distance of 600 metres between any two off-site signs located on the same side of a Highway as defined by the Highway Traffic Act. (a) There shall be a minimum distance of 200 metres between any two off-site signs located on opposite sides of a Highway as defined by the Highway Traffic Act. (b) Notwithstanding the above restrictions, consideration may be given for approval of a maximum of two off-site signs to advertise the location of any business located in Cypress County which does not have exposure to a major road or highway. (3) Off-site signs shall meet the following standards shown in Figure 1 - Off-site Sign Standards (4) Quality; (a) must be manufactured by a qualified sign painter or be of equivalent standard, (b) angle - 15m from a line drawn perpendicular to the roadway (c) shape formula - (width = 2 x height) with a permitted variation for width of 25% (d) minimum size - 3 m2 (32 ft2) (e) maximum size - 18.5 m2 (200 ft2) (f) in the case of double faced off-site signs, the side shall be enclosed to the satisfaction of the Development Officer. (5) The owner of a sign shall properly maintain the structure at all times so that: 116 (a) it does not present a safety hazard to anyone, (b) painting and copy are not allowed to weather or peel, (c) any metal parts do not become rusted. 11. TRAILER SIGNS (1) Notwithstanding any other provision in this section, no person shall place a motor vehicle, a trailer or any other object, building or structure whatsoever displaying an off- site sign for advertisement on a site visible from a Provincial Highway or local road. For purposes of this clause, "trailer" shall not include a trailer that is designed exclusively for the purpose of displaying and transporting a portable sign. 12. DEVELOPMENT STANDARDS FOR OFF-SITE ELECTRONIC DISPLAY SIGNS (1) An off-site electronic display sign will be considered as a Class II Discretionary Use in the following Land Use Districts; Hamlet Commercial District (HC) Hamlet Industrial District (HI) Highway Commercial District (HWY-C) Industrial District (I) Light Industrial District (LI) Rural Commercial District (RC) (2) The placement of an off-site electronic sign display within 1.6 km of a Provincial Highway will be referred to Alberta Transportation for their consideration and approval. (3) Off-site electronic display signs will not be permitted if they are deemed to be distracting to vehicle traffic. (4) An off-site electronic display sign shall be at least 200 metres from a nearby dwelling or residential district, and must not directly face the nearby dwellings or residential districts. A lesser distance may be considered and approved at the discretion of the Municipal Planning Commission. (5) No more than one off-site electronic display sign shall be permitted per property. (6) As a condition of approval, the Municipal Planning Commission may regulate the overall size, location, materials, design, and proximity to other off-site electronic display signs in order to ensure that the sign is suitable for the proposed location. (7) The applicant for the off-site electronic display sign shall be responsible for obtaining any other necessary municipal, provincial, or federal permits and/or approvals as required. 117 118 119 SCHEDULE F- DOG BREEDING AND BOARDING KENNELS 1. The keeping of more than (3) dogs on a property, for dog breeding or boarding purposes, shall constitute the existence or operation of a kennel for which a development permit is required. In determining the number of dogs, pups up to three (3) months of age shall not be included. Approval for more than three (3) dogs for the purpose of keeping as pets shall be under the authority and regulations of the Dog Control Bylaw. 2. Dog breeding and boarding kennels are not permitted closer than 200 metres (656 feet) from another residence or within 50 metres (164 feet) of an adjacent property line. Exceptions may be made when a Provincial Highway bisects the 200 metre separation distance, or at the discretion of the Municipal Planning Commission. 3. The Development Officer/Municipal Planning Commission may regulate the hours that dogs are allowed to be kept outdoors. 4. Pens, rooms exercise runs and holding stalls may be required to be soundproofed to the satisfaction of the Development Officer/Municipal Planning Commission. 5. All exterior exercise areas (runs) shall be enclosed with a perimeter fence of sufficient height to accommodate the chosen breed. The fence shall be imbedded in the ground or in concrete a sufficient depth to prevent animals from tunneling underneath. A minimum amount of exercise area shall be provided with each dog, as follows; Size Of Breed Minimum Area Per Dog Minimum Fence Height 7 kg (15 lbs or less) (eg. Chihuahua, Papillon, Pekinese, Pomeranian, Poodle, Shih-Tzu) 1.1 m2 (12 ft2) 1 metre (3.2 feet) 8-20 kg (18-44 lbs) (eg. Sheltie, Terrier, Corgi, Welsh, Springer, Collie) 2.3 m2 (25ft2) 1.3 metre (4.3 feet) 21-36 kg (45-79 lbs) (eg Pointer, Samoyed, Siberian Husky, German Shepherd) 4.6 m2 (50 ft2) 1.8 metre (6 feet) Over 37 kg (80 lbs) (eg. Great Dane, Mastiff, Lab, Rottweiler) 5.6 m2 (60 ft2) 1.8 metre (6 feet) 6. All facilities shall meet public health regulations and be kept in a manner satisfactory to the health regulatory authority. 7. All new permits issued by the Development Officer or the Municipal Planning Commission shall be time limited permits valid for a period not exceeding twelve (12) months from the date of issue, and will be subject to an annual review. Upon expiry of the permit, if the Development Officer has evidence that the development does not meet the conditions of the original permit, then for purposes of renewal the development shall be considered as a new application. 8. At the time of renewal for a time limited permit, the Municipal Planning Commission may remove the time limited approval period, and therefore issue a continuous development permit based on the merits of the kennel operator's past performance. 120 SCHEDULE G LAND USE DISTRICT MAPS 19 29 30 32 31 1 12 13 24 25 36 2 3 11 10 14 15 23 22 26 27 35 34 1 12 13 24 25 36 5 6 8 7 17 18 20 19 29 30 32 31 4 9 16 21 28 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 19 29 30 32 2 3 11 10 14 15 23 22 26 27 35 34 4 16 21 28 33 1 12 13 24 25 36 25 36 21 28 33 26 27 35 34 18 20 24 23 22 21 20 19 25 26 27 28 29 30 36 35 34 33 32 31 1 24 23 22 36 35 34 33 3 4 5 6 12 11 10 9 8 7 13 14 15 20 19 29 32 31 24 23 22 21 25 26 27 28 36 35 34 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 24 25 36 16 9 4 33 21 18 17 7 8 6 5 31 32 30 29 19 20 13 12 1 36 25 24 15 14 10 11 3 2 34 35 27 26 22 23 24 25 36 1 12 13 21 20 19 29 30 31 22 4 5 6 9 8 7 16 17 18 1 2 3 12 11 10 15 31 32 33 34 35 36 30 29 28 27 26 25 19 20 21 22 23 24 20 29 30 32 31 24 23 22 21 25 26 27 28 36 35 34 33 34 35 36 27 26 25 22 23 24 31 32 33 30 29 28 19 20 21 3 2 1 6 5 4 1 6 5 4 3 2 1 1 2 3 4 5 6 19 T12 R4 T12 R5 T12 R6 T12 R7 T13 R4 T13 R5 T13 R6 T13 R7 Future Land Use Concept Tri - Area Intermunicipal Development Plan Scale: N.T.S. Potential Interchange IDP Boundary Municipal Boundaries Major Roads MEDICINE HAT REDCLIFF TRANS CANADA HWY TRANS CANADA HWY HIGHWAY 3 HIGHWAY 41 HIGHWAY 41A Airport Protection Overlay TWP ROAD 120 Highway Interchange Overlay Rural Comm / Ind Area Urban Reserve (Redcliff) Potential Growth Area Potential Serviced Comm/Ind Area Rural Development Area Sand/Gravel Resource Area Dunmore Urban Services Area Potential Hwy 1 Potential Hwy 41 Re-Alignment Re-Alignment Airport Protection Overlay HIGHWAY 523 HIGHWAY 524 BLACK & WHITE TRAIL RGE RD 55 Potential Windfarm Existing Infrastructure EAGLE BUTTE RD 19 29 30 32 31 1 12 24 25 36 2 3 11 10 14 15 23 22 26 27 35 34 1 12 13 24 25 36 5 6 8 7 20 19 29 30 32 31 4 9 16 21 28 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 19 29 30 32 2 3 11 10 14 15 23 22 26 27 35 34 4 16 21 28 33 1 12 13 24 25 36 25 36 21 28 33 26 27 35 34 18 20 24 23 22 21 20 19 25 26 27 28 29 30 36 35 34 33 32 31 1 24 23 22 36 35 34 33 3 4 5 6 12 11 10 9 8 7 13 14 15 20 19 29 32 31 24 23 22 21 25 26 27 28 36 35 34 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 24 25 36 16 9 4 33 21 18 17 7 8 6 5 31 32 30 29 19 20 13 12 1 36 25 24 15 14 10 11 3 2 34 35 27 26 22 23 24 25 36 1 12 13 21 20 19 29 30 31 22 4 5 6 9 8 7 16 17 18 1 2 3 12 11 10 15 31 32 33 34 35 36 30 29 28 27 26 25 19 20 21 22 23 24 20 29 30 32 31 24 23 22 21 25 26 27 28 36 35 34 33 34 35 36 27 26 25 22 23 24 31 32 33 30 29 28 19 20 21 3 2 1 6 5 4 1 6 5 4 3 2 1 1 2 3 4 5 6 19 T12 R4 T12 R5 T12 R6 T12 R7 T13 R4 T13 R5 T13 R6 T13 R7 Cypress County Land Use Bylaw Amendments Tri - Area Intermunicipal Development Plan Scale: N.T.S. MEDICINE HAT REDCLIFF TRANS CANADA HWY TRANS CANADA HWY HIGHWAY 3 HIGHWAY 41 HIGHWAY 41A TWP ROAD 120 HIGHWAY 523 HIGHWAY 524 BLACK & WHITE TRAIL RGE RD 55 EAGLE BUTTE RD to Implement the IDP FROM A-2 TO AMENDED A-1 FROM A-1 TO AMENDED A-1 FROM A-1 TO AMENDED A-1 FROM A-2 TO AMENDED A-1 FROM A-1 TO TO A-2 FROM A-1 TO TO A-2 IDP Boundary Municipal Boundaries Major Roads Cypress Bylaw Amendment From A-1 to A-2 From A-1 to Amended A-1 From A-2 to Amended A-1 13 14 15 16 17 18 13 18 17 16 15 14 13 17 18 13 14 15 16 15 14 13 18 17 16 T11 R7 T11 R6 T11 R5 T11 R4 19 29 30 32 31 1 12 13 24 25 36 2 3 11 10 14 15 23 22 26 27 35 34 1 12 13 24 25 36 5 6 8 7 17 18 20 19 29 30 32 31 4 9 16 21 28 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 19 29 30 32 2 3 11 10 14 15 23 22 26 27 35 34 4 16 21 28 33 1 12 13 24 25 36 25 36 21 28 33 26 27 35 34 18 20 24 23 22 21 20 19 25 26 27 28 29 30 36 35 34 33 32 31 1 24 23 22 25 26 27 36 35 34 33 3 4 5 6 12 11 10 9 8 7 13 14 15 20 19 29 30 32 31 24 23 22 21 25 26 27 28 36 35 34 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 24 25 36 16 9 4 33 21 18 17 7 8 6 5 31 32 30 29 19 20 13 12 1 36 25 24 15 14 10 11 3 2 34 35 27 26 22 23 24 25 36 1 12 13 21 20 19 29 30 31 22 4 5 6 9 8 7 16 17 18 1 2 3 12 11 10 15 31 32 33 34 35 36 30 29 28 27 26 25 19 20 21 22 23 24 20 29 30 32 31 24 23 22 21 25 26 27 28 36 35 34 33 34 35 36 27 26 25 22 23 24 31 32 33 30 29 28 19 20 21 3 2 1 6 5 4 1 6 5 4 3 2 1 1 2 3 4 5 6 19 T12 R4 T12 R5 T12 R6 T12 R7 T13 R4 T13 R5 T13 R6 T13 R7 Confined Feeding Operations (CFO Exclusion Area Map Tri - Area Intermunicipal Development Plan Scale: N.T.S. Confined Feeding Operations (CFO) Exclusion Area IDP Boundary Municipal Boundaries Major Roads Minor Roads MEDICINE HAT REDCLIFF TRANS CANADA HWY TRANS CANADA HWY HIGHWAY 3 HIGHWAY 41 HIGHWAY 41A 129 HAMLET LAND USE DISTRICT MAPS Note: While not part of this Bylaw, Registered Plan Index Maps for all hamlets (including Elkwater) have been included within the documents for reference purposes. Desert Blume Dunmore Elkwater Hilda Irvine Schuler Seven Persons Veinerville Walsh ™ HAMLET OF SEVEN PERSONS REGISTERED PLAN INDEX SES 11-7-4 NW411-7-4 SW411-7-4 NE32 10-7-4 Lot1 Block1 NE4 11-7-4 .0614732 SE4 11-7-4 761 0252 A 121 3554 1 . 149 LOCATION MAPS LOCATION MAP TOWNSHIP 11, RANGE 6 I (CR) COUNTRY RESIDENTIAL DISTRICT W!!!!!!!!,,3 (CR-2) COUNTRY RESIDENTIAL 2 DISTRICT 1111 (HWY-C) HIGHWAY COMMERCIAL DISTRICT </ J (I) INDUSTRIAL DISTRICT (LI) LIGHT INDUSTRIAL DISTRICT I I I (DC) DIRECT CONTROL - - - - 110 ™ (RRR) RECREATION/RESIDENTIAL RESORT DISTRICT (RC) RURAL COMMERCIAL DISTRICT [;.:::.; ··>.d AP DISTRICT (See Medicine Hat Municipal Airport Vicinity Protection Area Regulation) ROADS I - I AGRICULTURAL DISTRICT 3 "HORTICULTURAL" AGRICULTURAL DISTRICT 4 "GREEN HOUSE" S.W. 22-12-6-W4 1 981 1895 A-3 Sv./22 12-6-4 2 991 1687 ·----------- 2 991 1687 A-3 ---- -- Sv./22 12-6-4 COUNTRY RESIDENTIAL "CR-2" S.E. 31-12-6-W4 ,-, 1 - '--- 1 <I: D 981 1191 0::: LDT 1 u ....... BLOCK 1 _J P=l ::::) Q_ - 395 SCHEDULE H LIMITED COUNTRY RESIDENTIAL USE POLICY AREAS 19 29 30 32 31 1 12 13 24 25 36 2 3 11 10 14 15 23 22 26 27 35 34 1 12 13 24 25 36 5 6 8 7 17 18 20 19 29 30 32 31 4 9 16 21 28 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 19 29 30 32 2 3 11 10 14 15 23 22 26 27 35 34 4 16 21 28 33 1 12 13 24 25 36 25 36 21 28 33 26 27 35 34 18 20 24 23 22 21 20 19 25 26 27 28 29 30 36 35 34 33 32 31 1 24 23 22 25 26 27 36 35 34 33 3 4 5 6 12 11 10 9 8 7 13 14 15 20 19 29 30 32 31 24 23 22 21 25 26 27 28 36 35 34 33 5 6 8 7 17 18 1 2 3 4 12 11 10 9 13 14 15 16 24 25 36 16 9 4 33 21 18 17 7 8 6 5 31 32 30 29 19 20 13 12 1 36 25 24 15 14 10 11 3 2 34 35 27 26 22 23 24 25 36 1 12 13 21 20 19 29 30 31 22 4 5 6 9 8 7 16 17 18 1 2 3 12 11 10 15 31 32 33 34 35 36 30 29 28 27 26 25 19 20 21 22 23 24 20 29 30 32 31 24 23 22 21 25 26 27 28 36 35 34 33 34 35 36 27 26 25 22 23 24 31 32 33 30 29 28 19 20 21 3 2 1 6 5 4 1 6 5 4 3 2 1 1 2 3 4 5 6 19 T12 R4 T12 R5 T12 R6 T12 R7 T13 R4 T13 R5 T13 R6 T13 R7 Limited Country Residential Use Policy Areas Tri - Area Intermunicipal Development Plan Scale: N.T.S. Urban Reserve (Redcliff) IDP Boundary Municipal Boundaries Major Roads Minor Roads MEDICINE HAT REDCLIFF TRANS CANADA HWY TRANS CANADA HWY HIGHWAY 3 HIGHWAY 41 HIGHWAY 41A Potential Growth Area TWP ROAD 120 The Limited Country Residential Use Policy provisions only apply to the IDP Policy areas shown on this map. Note: LIMITED COUNTRY RESIDENTIAL PARCEL DENSITY POTENTIAL IN THE POTENTIAL GROWTH AREA AND URBAN RESERVE (REDCLIFF) POLICY AREAS OF THE IDP PIVOT 10% = 4 PARCELS + BALANCE 10% = 4 PARCELS + BALANCE 10% = 3 PARCELS + BALANCE 10% = 2 PARCELS + BALANCE 10% = 2 PARCELS + BALANCE 10% = 1 PARCEL + BALANCE 10% = 1 PARCEL + BALANCE 0% = 0 PARCELS + BALANCE Note: Subdivision designs are for explanation purposes only. Exact shape and dimensions may vary on each parcel. 160ac (or an unsubdivided quarter section less than 160 acres) 120ac to an unsubdivided quarter section 160ac (or an unsubdivided quarter section less than 160 acres) 80ac to 120ac 80ac 40.1ac 40ac to 80ac 40ac