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Bylaw 632-2018 Land Use Bylaw
Being a bylaw of the Village of Delia, Alberta to regulate the development and use of land within the
Village.
WHEREAS pursuant to the provisions of Section 639 of the Municipal Government Act, as amended,
the Council of the Village of Delia must, by Bylaw in accordance with Section 692 of the Municipal
Government Act, adopt a plan to be known as "THE VILLAGE OF DELIA LAND USE BYLAW";
WHEREAS a Public Hearing was held on August 30, 2018 as required by Section 230 of the Municipal
Government Act;
NOW THEREFORE the Council of the Village of Delia, duly assembled, enacts as follows:
Short Title
1
The short title of this Bylaw shall be the "Delia Land Use Bylaw".
Conditions
2
Council adopts as the "Delia Land Use Bylaw" for those lands contained within its civic boundaries.
3
Council adopts as the "Delia Land Use Bylaw" this text and the accompanying Schedules.
Repeal
4
Bylaw No. 588-12 being the "Village of Delia Land Use Bylaw" currently in effect is hereby
repealed including all amendments (Bylaw 614-15) thereto and replaced.
In Force
5
This Bylaw takes effect on the date of the third and final reading.
READ A FIRST TIME THIS 12th DAY OF July, 2018.
________________________________
Mayor David Sisley
________________________________
Chief Administrative Officer
Mark Nikota
READ A SECOND TIME THIS 30th DAY OF August, 2018.
READ A THIRD TIME AND FINALLY PASSED THIS 30th DAY OF August, 2018.
_______________________________
Mayor David Sisley
_______________________________
Chief Administrative Officer
Mark Nikota
Village of Delia - Province of Alberta
By-Law #632-2018 - Delia Land Use Bylaw
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Bylaw 632-2018 Land Use Bylaw
Contents (Page Number)
Part I - Purpose & Definitions
1. Purpose (4)
2. Definitions (4)
Part II - Administrative Agencies
1. Development Authority (12)
2. Subdivision Authority (12)
3. Development Authority - Powers and Duties (12)
4. Subdivision Authority - Powers and Duties (13)
Part III - Development Permit Application
1. Control of Development (14)
2. Development Permit Not Required (14)
3. Application for a Development Permit (15)
4. Deciding on Development Permit Applications (15)
5. Development Permits & Notices (16)
Part IV - Appeals
1. Appeal Procedure (18)
2. Public Hearing (18)
3. Decision (19)
Part V - Enforcement & Administration
1. Orders of Compliance (20)
2. Enforcement (20)
3. Amendments to this Bylaw (20)
4. Existing Land Use Bylaw (21)
Part VI - Land Use Districts
1. Districts (22)
2. District Boundaries (22)
3. R-1
Residential (23)
4. R-2
Residential General District (25)
5. SHR
Small Holdings Residential (27)
6. MH
Manufactured Home District (29)
7. C-1
Central Commercial District (30)
8. C-2
Commercial District (32)
9. I
Industrial District (34)
10. CS
Community Service District (36)
11. UR
Urban Reserve District (37)
Part VII - General Land Use Regulations
1. Accessory Building & Uses (38)
2. Animal Units (38)
3. Building Demolition (38)
4. Fencing (38)
5. Home Occupations (39)
6. Daytime Child Care Services (39)
7. Dwelling Units on a Parcel (39)
8. General Requirements for Manufactured Homes (39)
9. Non-Conforming Buildings and Uses (41)
10. Objects Prohibited or Restricted in Yards (41)
11. Off-Street Loading & Unloading for Commercial & Industrial Development (41)
12. Parking (42)
13. Physical Environment (42)
14. Projection Over Yards (42)
15. Relocation of Buildings (43)
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Bylaw 632-2018 Land Use Bylaw
16. Signs (43)
17. Site Development (44)
18. Storage Structures (45)
19. Subdivision of Land (45)
20. Utilities (45)
Part VIII - Land Use District Map
Part IX - Forms
A. Application for a Development Permit
B. Application for a Development Permit (Home Occupation)
C. Stop Order / Order of Compliance
D. Land Use / Statutory Plan Amendment Application
E. Application for Subdivision or Development Appeal
F. Notice of Subdivision and Development Appeal Board Hearing
G. Notice of Decision on Application for a Development Permit
H. Notice of Decision of the Subdivision and Development Appeal Board
I.
Time Extension Agreement for Development Permit
J. Application for a Demolition Permit
Land Use Bylaw
Bylaw Amendment Activity
632-2018
30-Aug-2018
Land Use Bylaw - consolidation
660-2022
13-Sep-2022
C1 Emergency Shelter as Discretionary Use
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Bylaw 632-2018 Land Use Bylaw
Part I - Purposes and Definitions
1.
Purpose - The purpose of this Bylaw is to regulate and control the use and development of land
and buildings within the municipality to achieve the orderly and economic development of the Village of
Delia.
2.
Definitions - In this Bylaw:
"Accessory Buildings and Uses" means a building separate and subordinate to the main building, the
use of which is incidental to the main building and is located on the same parcel of land;
"Accessory use" means a use customarily incidental and subordinate to the main use or building and is
located on the same parcel of land with such main use or building;
"Act" means the Municipal Government Act Revised Statures of Alberta 2000, Chapter M-26, as
amended from time to time;
"Adjacent" means land that is contiguous to a parcel of land and includes land that would be contiguous if
not for a highway, road, river, stream or railway;
"Amusement Enterprise" means a commercial establishment for public entertainment or recreation
including, but not limited to, bowling alleys, theaters, and billiard parlors;
"Auto Body and Paint Shop" means a use where motor vehicle bodies are repaired or painted within a
building;
"Automotive Repair & Service" means a use for the servicing and repair of motor vehicles within a
building, excluding an auto body and paint shop, and includes such facilities as alignment shops, muffler
shops, transmission repair shops, rust-proofing, brake shops and other similar uses;
"Automotive Vehicle Sales" means a use:
a) where motor vehicles are sold or leased;
b) may only store or display vehicles on portions of the parcel approved exclusively for storage or
display; and
c) that may have a building for administrative functions associated with the use;
"Auto Wrecker" means a use:
a) where dilapidated vehicles are stored, dismantled or crushed;
b) where motor vehicle parts may be sold;
c) where motor vehicles in their complete and operable state are not displayed or sold;
d) that may have equipment used for crushing, dismantling or moving motors
e) that may have a building for administrative functions associated with the use;
f)
that does not involve the manufacture or assembly of any goods;
"Bed & Breakfast Establishment" means a private dwelling occupied by owner or operator offering
hospitality to 8 or less registered guests at a time and providing a breakfast meal;
"Boarding or Lodging House" means a detached dwelling converted for gain or profit containing rooms
for two or more persons where meals may or may not be served, not including the occupant and his or her
immediate family, but does not include a hotel, motel, restaurant, café, coffee shop, drive-in refreshment
stand or other similar use;
"Building" includes anything constructed or placed on, in, over, or under land, but does not include a
primary highway or a public roadway;
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Bylaw 632-2018 Land Use Bylaw
"Building Material Sales" means a commercial venture which sells building materials and other items for
construction and home improvement. This use may include a processing component;
"Bulk Fertilizer Distribution and Storage" means a facility for the on-site retention and selling of a
chemical or natural substance, which is added to agricultural land to increase its productivity or capacity to
support plant growth;
"Bulk Fuel Sales Depot" means a use where fuel for motor vehicles is sold either with or without an
attendant;
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds
and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as
amended from time to time and includes edible products that contain cannabis;
"Cannabis Accessory" means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time;
"Cannabis Café" means a development where the primary purpose of the facility is the sale of Cannabis
to the public, for consumption within the premises and which is authorized by provincial and federal
legislation;
"Cannabis Retail Sales" means a retail store licensed by the Province of Alberta where Cannabis and
Cannabis Accessories are sold to individuals who attend the premises;
"Carport" means a structure attached to a principal or accessory building, designed and used for the
shelter and storage of vehicles which must have at least the side which abuts the side yard and one end
unenclosed;
"Car Wash" means a facility for the washing, cleaning or polishing of motor vehicles on a commercial
basis;
"Cemetery" means land that is set apart or land that is used for the burial of human remains. Typical uses
are memorial parks and burial grounds;
"Clinic/Medical Facility" means an establishment in which medical, dental or other professional healing
treatment is given to human beings;
"Community Recreation Facility" means a use where it is available to the public for sports and
recreational activities conducted indoors and/or outdoors. Typical uses include indoor/outdoor swimming
pools, hockey rinks, gymnasiums, sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks,
athletic fields, bowling greens, riding stables and fitness;
"Corner Site" means a site at the intersection of two or more streets;
"Council" means the Council of the Village of Delia;
"Daytime Child Care Services" means development licensed by the Province of Alberta to provide
daytime personal care and education to children, but does not include overnight accommodation. Typical
uses include daycare centers, day nurseries, kindergartens, nursery schools, and play schools;
"Development" means:
a) an excavation or stockpile and the creation of either of them, or
b) a building or an addition to, or replacement or repair of a building and the construction or placing
in, on, over or under land of any of them, or
c) a change of use of land or a building or an act done in relation to land or a building that results in
or is likely to result in a change in the land or building, or
d) a change in the intensity of use of land of a building that results in or is likely to result in a change
in the intensity of use of the land or building;
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Bylaw 632-2018 Land Use Bylaw
"Development Authority" means:
a) a person (or persons) appointed as Development Officer by Bylaw,
b) the Municipal Planning Commission appointed by Bylaw; authorized to administer this Bylaw and
to decide upon applications for development permits in accordance with the provisions of this
Bylaw and the Act;
"Development Permit" means a document authorizing a development issued pursuant to a land use
bylaw;
"Discretionary Use" means a use of land or a building provided for in this land use bylaw for which a
development permit may be issued upon an application having been made;
"District" means an area of land designated on the Land Use District Map as a land use district;
"Drinking Establishment" means an establishment licensed by the Alberta Gaming and Liquor Control
Board, in which alcoholic beverages are served for consumption on the premises and any preparation or
serving of food is accessory thereto. This term includes, but is not limited to bars, taverns, pubs and
lounges;
"Dwelling" means any building or structure used exclusively for human habitation and which is supported
on a permanent foundation or base extending below ground level and includes multiple dwellings,
apartments, lodging and boarding houses, but does not include manufactured homes of any kind whether
standing on wheels or supported by blocks, jacks, or any other temporary foundation;
"Dwelling Unit" means a complete building or self-contained portion of a building, containing a room or
suite of rooms operated as a single housekeeping unit, intended to be used as a permanent or semi-
permanent domicile by one or more persons and usually containing cooking, eating, living, sleeping and
sanitary facilities;
"Dwelling - Duplex" means a structure on a single lot containing two dwelling units, each of which is
totally separated from the other by a common party wall and having separate access to outside grade.
This may also be known as a dwelling - semi-detached;
"Dwelling - Manufactured Home" means a transportable, single or multiple section single dwelling unit
conforming to CAN/CSA Z240 MH Series certified standards at time of manufacture. It is ready for
residential occupancy upon completion of set-up in accordance with required factory recommended
installation instructions;
"Dwelling - Moved-On" means a structure from a previous location that has now been relocated to a
new parcel for use as a dwelling;
"Dwelling - Multiple Unit (Apartment)" means a residential building designed and built to contain three
or more dwelling units with shared services, facilities and outside entrances;
"Dwelling - Multiple Unit (Attached)" means a building designed and built to contain three or more
dwelling units separated from each other by a fire rated wall each unit having separate entrances from
grade level. (For purpose of this Bylaw, Garden, Linked, Row, Townhouses, four-plex, five-plex, and six-
plex units which meet this criteria are considered to be attached housing.);
"Dwelling - Modular" means a prefabricated or factory built frame or shell which comprises the wall or
siding of a proposed dwelling. More specifically, a modular home represents only a section of the
dwelling and such a unit has neither chassis, running gear, nor its own wheels, but units may be stacked
side-by-side or vertically, and completed to form one or more complete dwelling unit(s) for year-round
occupancy. Modular homes are not to be considered as manufactured homes under this Bylaw and will
be congruent in appearance to conventional single detached dwellings;
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Bylaw 632-2018 Land Use Bylaw
"Dwelling - Secondary Suite" means a self-contained Dwelling Unit that is located within a primary
Dwelling Unit, where both Dwelling Units are registered under the same land title;
"Dwelling - Single-Detached" means a building containing one dwelling unit only; but does not include
semi-detached one family dwellings or Manufactured homes;
"Easement" means a right to use land generally for access to other property or as a right-of-way for a
public utility;
"Emergency shelter" means a development operated by the government or another organization for the
primary purpose of providing a temporary, emergency accommodation for persons requiring immediate
shelter and assistance. This use may include, but not restricted to, accessory office functions and the
provision of related programs and services. Typical uses include a women's shelter and youth emergency
shelter. This will not be a safe injection site. The possession, use, distribution, or dispensing of alcohol or
illicit drugs is not permitted. Bylaw 660-2022
"Existing" means existing as of the date of adoption of this Bylaw;
"Extensive Agricultural" means systems of tillage and animal husbandry through which one may gain
livelihood from large areas of land by the raising of crops or the rearing of livestock either separately or in
conjunction with one another in unified operations and includes buildings and other structures incidental to
the operation but does not include feedlots, intensified hog operations or poultry farms;
"Fence" means a vertical physical barrier constructed out of typical building material to prevent visual or
unauthorized access or both;
"Financial Institution" means a bank, treasury branch, trust company, credit union or similar
establishment;
"Flour and Feed mill" means a processing facility where grains or livestock feed is manufactured,
processed, stored, distributed and sometimes sold. This use does not include a feed lot as defined under
Provincial Legislation;
"Front Lot Line" means the boundary dividing the lot from the abutting street. In the case of a corner lot,
the shorter boundary shall be deemed to be the front lot line;
"Funeral Home" means a business establishment where the bodies of the dead are prepared for burial or
cremation, and where funeral services can be held;
"Grain Elevator" means a building for elevating, storing, discharging, and sometimes processing grain.
The use may also include facilities for moving the grain via a variety of transportation alternatives such as
rail or trucks;
"Greenhouse" means a building designated and used for the growing of vegetables, flowers and other
plants for commercial purposes, transplanting or for sale;
"Gross Floor Area" means the total area of all floors of a building, excluding the area of basement floors,
EXCEPT THAT basement suites in apartment buildings shall be included in the calculation of gross floor
area;
"Heavy Equipment Assembly, Sales and Service" means the assembly, sales, rental and service of any
heavy vehicle or equipment used in commercial, industrial or agricultural activities;
"Heavy Manufacturing" means the manufacture of products, the process of which generates fumes, gases,
smoke, vapours, vibrations, noise or glare, or similar nuisances that may cause adverse effects on users of
adjacent land;
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Bylaw 632-2018 Land Use Bylaw
"Height" means, when used with reference to a building or structure, the vertical distance between a
horizontal plane through grade level and a horizontal plane through:
a) the highest point of the roof in the case of a building with a flat roof or a deck roof;
b) the average level of a one-slope roof;
c) the highest point in the case of a pitched, gambrel, mansard, or hipped roof. Where a sloping
grade exists (walkout basement, etc.) the average grade shall be used.
"Home Occupation" means any occupation, trade, profession, or craft carried on by an occupant of an
residential building or a use secondary to the residential use of the building, and which does not change
the residential nature of the building nor the neighborhood or have any exterior evidence of such
secondary use other than a small name plate, not exceeding 0.18m2 (2 sq. ft.) in area. A home
occupation does not include the outside storage of materials, goods or equipment, nor the employment of
more than one paid assistant other than the occupant and the occupant's family;
"Hotel or Motel" means a building providing sleeping accommodation which may also contain commercial
uses and such additional uses as restaurants, dining rooms, room service, or public convention facilities;
"Landscaping" means to change or modify the natural features of a site so as to make it more attractive
by adding lawns, trees, shrubs, ornamental plantings, fencing, walks, drives, or other structures and
materials;
"Lane" means a public thoroughfare which provides a secondary means of access to a site or sites;
"Library" means a place set apart to contain books, periodicals, and other material for reading, viewing,
listening, study, or reference; or where books and other materials may be read or borrowed;
"Light Manufacturing" means the assembly or packaging of articles from previously prepared materials,
but does not include uses which may be obnoxious by reason or emission of odors, dust, noise, smoke or
vibrations;
"Loading Space" means a space for parking a commercial vehicle while being loaded or unloaded;
"Primary Building" means a building in which is conducted the main or principal use of the site on which
it is erected;
"Manufactured Home Park" means a parcel of land under one title which has been planned, divided into
manufactured home lots and improved for placement of manufactured homes for permanent residential
use. Accessory facilities and uses within a manufactured home park may include, but not be limited to, an
office, storage structure, common laundry facilities and a common social building;
"Manufactured Home Subdivision" means an area subdivided by registered plan, containing lots for
Manufactured homes by free-hold or leasehold tenure;
"Municipality" means, where the context requires, the area of land contained within the boundaries of the
Village of Delia's corporate limits, as delineated on the Land Use Map, being Part VIII of this Bylaw;
"Municipal Planning Commission" (MPC) means a Municipal Planning Commission which may be
established by Council pursuant to the Municipal Government Act;
"Non-Conforming Building" means a building lawfully constructed or lawfully under construction at the
date this Bylaw becomes effective, as required by the Act, and which does not or will not comply with the
requirements of this Bylaw;
"Non-Conforming Use" means a lawful specific use being made of land or a building or intended to be
made of a building lawfully under construction at the date this Bylaw becomes effective, as required by the
Act, and which does not or will not comply with the requirements of this Bylaw;
"Office" means development primarily for the provision of professional, management, administrative,
consulting, or financial services in an office setting. Typical uses include, but are not limited to, the offices
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Bylaw 632-2018 Land Use Bylaw
of lawyers, accountants, travel agents, real estate and insurance firms, planners and other consultants,
dentists, clerical services and secretarial agencies. This excludes the servicing and repair of goods, the
sale of goods to the customer on site, and the manufacture or handling of a product;
"Parcel" means the aggregate of the one or more areas of land described in a certificate of title or
described in a certificate of title by reference to a plan filed or registered in a land titles office;
"Parks and Playgrounds" means a use:
a) where open space is provided for the purposes of recreation;
b) that may include playground equipment, benches, landscaping and related development;
"Permitted Use" means the use of land or of a building which is listed in the column captioned, "Permitted
Uses" in the lists of Permitted and Discretionary Uses appearing in this Bylaw and for which, when it meets
the applicable provisions of this Bylaw, a Development Permit shall be issued;
"Personal Service Shop" means a facility for providing a service on a commercial basis to individuals
and includes, but is not limited to such uses as photography studios, dry cleaning establishments and
barbershops;
"Principal Use "means the main purpose for which a building or lot is used;
"Private Club or Organization" means an athletic, social, recreational or service organization which is
privately owned and operated;
"Property Line" means a legal boundary of the lot;
"Public and Quasi-public Building Facilities and Installations" includes any building which is used by
the public for the purpose of assembly, instruction, culture, or for a communal activity, but does not include
a school, church, or place of public entertainment for which an admission fee is customarily charged. In
addition, it includes a building as defined in the Municipal Government Act in which the proprietor of the
public utility maintains its office or offices and/or maintains or houses any equipment used in connection
with the public utility;
"Restaurant" means a development used for eating and drinking where food and beverages are offered
for sale to the public, for consumption within the premises or off the site. This includes supplementary
alcoholic beverage service licensed by the Alberta Gaming and Liquor Control Board. Typical uses
include, but are not limited to, cafes and drive through fast food outlets;
"Retail Store" means a building where goods, wares, merchandise, substances, articles or things are
stored, offered or kept for sale at retail and includes storage on or about the store premises of limited
quantities of such goods, wares, merchandise, substances, articles or things, sufficient only to service
such as a store. This definition does not include Cannabis Retail Sales;
"School, Public or Separate School" means a place of instruction operated with public funds pursuant to
the School Act of Alberta and any amendments;
"Screening" means a visual separation between sites, districts or land use activities provided by a fence,
wall, berm, landscaping;
"Seniors Lodge" means a building to provide an appropriate living environment for older adults who do
not need access to unscheduled personal or nursing care. Lodges are provided by lodge foundations and
provide housing, meals, housekeeping, linen/ laundry, recreational programs and 24-hour safety and
security services;
"Service Station" means a facility for the service and repair of motor vehicles and for the sale of gasoline,
lubricating oils and accessories for motor vehicles and which may provide a towing service;
"Shopping Center" means a group of commercial establishments planned, developed, owned, and
managed as a unit with off-street parking provided on the site;
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Bylaw 632-2018 Land Use Bylaw
"Sign" means any word, letter, model, picture, symbol, device or representation used as, or which is in the
nature of, wholly or in part, an advertisement, announcement or direction. Any structure, or portion
thereof, which is used primarily to carry, hold, maintain, support or sustain a sign is construed as being
part of the sign, and except as hereinafter provided, is subject to all regulations governing signs. Without
restricting the generality of the foregoing, a sign includes posters, notices, panels, boarding and banners;
a) "Area of Sign" means the total surface area within the outer periphery of the said sign, and, in the
case of a sign comprised of individual letters or symbols, shall be calculated as the area of a
rectangle enclosing the letters or symbols. Frames and structural members not bearing
advertising matter shall not be included in computation of surface area;
b) "Billboard" means a structure, primarily self-supporting, which is used for the display of general
advertising, the subject matter of which is not necessarily related to the use or ownership of the
property on which the structure is located.
c) "Fascia Sign" means a sign placed flat and parallel to the face of the building so that no part
projects more than one foot from the building;
d) "Free-Standing Sign" means a sign on a standard or column permanently attached to the ground
and which is not connected in any way to any building or other structure;
e) "Projecting Sign" means a sign which is attached to a building or structure so that part of the
sign projects more than one foot from the face of the building or structure;
f)
"Roof Sign" means any sign placed on or over a roof;
"Site" means:
a) a quarter section; or
b) a river lot or settlement lot shown on an official plan referred to in Section 32 of the Surveys Act
that is filed or lodged in the Land Titles Office; or
c) a part of a parcel where the boundaries of the part are separately described in a certificate of title
other than by reference to a legal subdivision; or
d) a part of a parcel where the boundaries of the part are described in a certificate of title by
reference to a plan of subdivision;
"Storage Structure" means a structure that does not meet the definition of an accessory building and is
used for the storage of goods or equipment. A storage structure may be in the form of a shipping
container, trailer or other structure;
"Storage Yard" means a use:
a) where goods, motor vehicles or equipment are stored when they are not being used and may
include long term storage where a fee is paid;
b) where the vehicles and equipment stored may also be serviced, cleaned or repaired;
c) that may involve the storage of construction material such oil and gas pipeline materials;
d) that does not involve the storage of any derelict vehicles or derelict equipment;
e) that does not involve the production or sale of goods as part of the use; and
f)
that may have a building for the administrative functions associated with the use;
"Subdivision and Development Appeal Board" means a subdivision and development appeal board
appointed pursuant to Section 627 of the Municipal Government Act;
"Temporary" means a limited period of time as decided by the development authority;
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Bylaw 632-2018 Land Use Bylaw
"Temporary Use" means a proposed land use or development where the intent is to operate the use or
structure for a specified period of time, not to exceed one (1) year unless otherwise approved by the
development authority in consideration of a land use that is temporary but has longer term requirements
due to the specific use or project. Any temporary development permit application will state a date on
which the development will cease. Temporary Uses shall be considered a discretionary use in all land
use districts;
"Tiny Home" is a descriptor for the architectural and social movement that advocates living simply in
small homes. Generally, a floor area of less than 46 m2 (500 sq. ft.) is accepted to be a tiny home, (also
known as a "small house"). A tiny home which is utilized as a permanent dwelling must conform to all
requirements of the Alberta Building Code and the land use district requirements in which the structure is
situated, including number of units on a parcel and hookups to utilities. For purposes of this Bylaw, a non-
permanent structure, (not on a foundation), shall adhere to the land use district requirements associated
with the placement of a recreational vehicle;
"Tradesman's Shop" means an establishment for the operation of a trade including but not limited to a
painter, electrician, upholsterer, printer and appliance repairman, but does not include establishments
which may be obnoxious by reason of emission of odours, dust, smoke noise or vibration;
"Truck and Freight Terminal" means a processing center for the movement of goods;
"Utilities" means any one or more of the following:
a) systems for the distribution of gas, whether artificial or natural;
b) facilities for the storage, transmission, treatment, distribution or supply of water;
c) facilities for the collection, treatment, movement, or disposal of sanitary sewage;
d) storm sewer drainage facilities;
e) systems for electrical distribution and lighting;
f)
systems for telephone, cable TV and internet cable distribution (such as fiber optic lines);
"Veterinary Clinic" means a facility for the medical care and treatment of animals, and includes provision
for the overnight accommodation. The use of the facility as a kennel shall be limited to short time boarding
while the animals are awaiting treatment or are recovering from treatment and shall be incidental to the
hospital use;
"Warehouse" means the use of a building and/or site primarily for the keeping of goods and merchandise,
excluding dangerous or hazardous materials, derelict vehicles or parts thereof, or any waste material. It
includes moving companies, trucking terminals, inter-modal transfer areas, storage of recreational vehicles
(indoor or outdoor, including boats and ATV's) and self-storage facilities;
"Worship Facility" means any facility used for the purpose of spiritual worship. Examples may include,
but are not limited to churches, temples, mosques, and synagogues;
"Yard" means a part of a parcel upon or over which no main building is erected;
a) "Front Yard" means a yard extending across the full width of a parcel from the front lot line of the
parcel to the front foundation of the principal building situated on the parcel. In situations with an
irregular front lot line, the point taken from an average distance of the arc shall meet the minimum
front yard requirements.
b) "Side Yard" means a yard extending from the front wall of the main building situated on a parcel
to the rear wall of the main building and lying between the side line of the parcel and the side
foundation of the main building;
c) "Rear Yard" means a yard extending across the full width of a parcel from the rear wall of the
main building situated on the parcel to the rear line of the parcel;
All other words and expressions have the meanings respectively assigned to them in the Municipal
Government Act R S.A. Ch. M.26 as amended.
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Bylaw 632-2018 Land Use Bylaw
Part II - Administrative Agencies
1.
Development Authority
The Development Authority shall exercise development powers and perform duties on behalf of the
municipality in accordance with Part 17 Division 5 of the Municipal Government Act and may include:
a) Development Officer
i.
The office of the Development Officer is hereby established, by resolution, to act on
behalf of Council in those matters delegated by the Bylaw and in such matters as
Council may instruct from time to time.
ii.
The Development Officer must make available for inspection, during office hours, all
applications and decisions for development permits, subject to any legislation in force
restricting availability.
b) Municipal Planning Commission
i.
The Municipal Planning Commission, established by Bylaw in accordance with the
Municipal Government Act, shall perform such duties as are specified in Part III of this
Bylaw.
c) Subdivision and Development Appeal Board
i.
The Subdivision and Development Appeal Board, established by Bylaw in accordance
with the Municipal Government Act, shall perform such duties as are specified in Part IV
of this Bylaw.
2.
Subdivision Authority
The Subdivision Authority, as established in accordance with the MGA, shall perform duties on behalf of
the municipality in accordance with the Municipal Government Act, the Land Use Bylaw and all relevant
village planning and policy documents.
3.
Development Authority - Powers and Duties
a) The Development Authority must administer this Bylaw and decide upon all development permit
applications.
b) The types of development permit applications a Development Authority may consider in
accordance with Part III are a development permit for:
i.
a permitted use that complies with all requirements of this Bylaw;
ii.
a permitted use that does not comply with all requirements of this Bylaw;
iii.
a discretionary use that complies with all requirements of this Bylaw;
iv.
a discretionary use that does not comply with all requirements of this Bylaw.
c) Unless otherwise referenced in Part III, the Development Authority must not approve a
development permit for an addition or structural alteration to a non-conforming building.
d) The Development Officer must collect fees according to the scale approved by resolution of
Council.
e) The Development Authority may refuse to accept a development permit application where:
i.
the information required by Part III is not provided;
ii.
the quality of the information provided is inadequate to properly evaluate the application;
or
iii.
the fee for a development permit application has not been paid.
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4.
Subdivision Authority - Powers and Duties
The Subdivision Authority shall:
a) keep and maintain for the inspection of the public copies of all decisions and ensure that copies of
same are available to the public at a reasonable charge;
b) keep a register of all applications for subdivision, including the decisions therein and the reasons
therefore;
c) receive all complete applications for subdivision including the required application fees and decide
upon all applications in accordance with the Subdivision and Development Regulation and Land
Use Bylaw with consideration of all comments received through circulation and the
recommendations of the Municipal Planning Commission;
d) On receipt of an application for subdivision, review to ensure sufficient information is provided to
adequately evaluate the application in accordance with Part 1 of the Subdivision and Development
Regulation;
e) Excepting subdivision applications not requiring circulation under the Municipal Government Act to
circulate applications for subdivision for comments to those authorities and agencies as prescribed
within the Subdivision and Development Regulation and this Land Use Bylaw and all comments to
be added to the subdivision report;
f)
Excepting subdivision applications not requiring circulation under the Municipal Government Act,
to circulate applications for subdivision for comments to Starland County when the original parcel
boundaries are adjacent to the municipal boundary or where an intermunicipal development plan
requires or, at the discretion of the subdivision authority, where a subdivision application is not
adjacent to the municipal boundary but has potential for land use impacts within Starland County;
g) Excepting subdivision applications not requiring circulation under the Municipal Government Act,
the Subdivision Authority may proceed with processing of the application after thirty (30) days from
the date of referral to authorities, agencies or landowners whether or not comments have been
received;
h) Prepare a subdivision report including all relevant information to the application, recommendations
and any comments received from circulated agencies and review with the Municipal Planning
Commission for municipal recommendations;
i)
Prepare, sign and transmit all notices of decision to the relevant agencies in accordance with the
Subdivision and Development Regulation;
j)
Ensure all conditions are complied with prior to endorsement to the satisfaction of the municipality;
k) Endorse Land Titles instruments to effect the registration of the subdivision of land;
l)
Advise the Council, Municipal Planning Commission and Subdivision and Development Appeal
Board on matters relating to the subdivision of land;
m) Appear before the Subdivision and Development Appeal Board or Municipal Government Board
where appeals are made on subdivision application decisions.
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Bylaw 632-2018 Land Use Bylaw
Part III - Development Permit Application
1.
Control of Development
No development other than those designated in (2) below shall be undertaken within the Municipality
unless an application for it has been approved and a development permit has been issued.
2.
Development Permit Not Required
It shall not be necessary to obtain a Development Permit prior to commencement of the following
developments but the development shall otherwise comply with the provisions of this Bylaw.
1) The carrying out of works of maintenance or repair to a building provided that such work:
a) does not include structural alterations;
b) does not change the use or intensity of the use of the structure.
2) The completion of a building which could be prohibited by this Bylaw, but was lawfully begun on or
before the date of the first official notice of this Bylaw provided that the building:
a) is completed within 12 months of the notice; and
b) complies with any development permit issued for it.
3) The use of any such building as is referred to in subsection (2) for the purpose for which
construction was commenced.
4) The erection or construction of gates, fences, walls or other means of enclosure (other than on
corner lots or where abutting a road used by vehicular traffic) less than 0.91 meters (3 feet.) in
height in front yards and less than 1.82 meters (6 feet) for side and rear yards, and the
maintenance, improvement and other alterations of any gates, fences, or walls or other means or
enclosure.
5) A temporary building, the sole purpose of which is incidental to the erection or alteration of a
building, for which a permit was issued under this Bylaw.
6) The maintenance or repair of public works, services or utilities carried out by or on behalf of
federal, provincial and municipal public authorities on land which is publicly owned or controlled.
7) The use of a building or part thereof as a temporary polling station for a Federal, Provincial, or
Municipal election, referendum or plebiscite.
8) Those signs outlined in Part VII as not requiring a development permit.
9) An official notice, sign, placard or bulletin required to be displayed pursuant to provisions of
Federal, Provincial or Municipal Legislation.
10) The erection or construction or replacement of one (1) garden/tool shed per site, which does not
exceed 10.5 m2 (113 sq. ft.) in floor area and 2.5 m (8.2 ft.) in height.
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Bylaw 632-2018 Land Use Bylaw
3.
Application for a Development Permit
1) Any owner of a parcel, an authorized agent, or other persons having legal or equitable interest in
the parcel may make application for a development permit to the Development Officer using the
approved form and shall be accompanied by information as may be required by the Development
Authority to evaluate the application including, but not limited to:
a) a site plan in duplicate, drawn to scale, which shows the following:
i.
legal description of the site with north arrow;
ii.
area and dimensions of the land to be developed including the front, rear and side
yards if any;
iii.
area and external dimensions including the heights of all buildings and structures
to be erected on the land;
iv.
any provisions for off-street loading and vehicle parking, including all access and
exit points to the site; and
v.
the position and distances of any existing building, roads, water bodies, trees or
other physical features on the land to be developed.
b) floor plans, elevations, grading and drainage plans and sections in duplicate and an
indication of the exterior finishing materials and colour if required by the Development
Authority;
c) pictures of the interior and exterior of an existing building that is proposed to be moved on
to a parcel within the Village of Delia;
d) a statement of the proposed use or uses;
e) a statement of ownership of land and the interest of the applicant therein;
f)
the estimated commencement and completion dates;
g) the estimated cost of the project or contract price;
h) the development permit fee as prescribed by Council;
i)
a surveyor's certificate or real property report if required by the Development Officer;
j)
written agreement of the registered land owner(s) of the property with regard to the
proposed development, if required.
2) The Development Authority may require additional copies of the application plans or specifications
as well as such additional information as deemed necessary to sufficiently evaluate the
application.
3) The Development Authority shall issue a notice of "Complete" or "Incomplete" application, within
20 days of the submission in accordance with the requirements of the Act.
4.
Deciding on Development Permit Applications
1) The Development Officer shall:
a) receive, consider and decide on an application for a development permit for those uses
listed as a permitted use for the relevant land use district and comply with the minimum
standards for that district;
b) refer, at his/her discretion, a permit application for an industrial development for comments
to those authorities (provincial and regional) where interest or jurisdiction may be effected;
c) refer with his/her recommendations, to the Municipal Planning Commission for its
consideration and decision, applications for a development permit for those uses which
constitute discretionary uses and which have been assigned to it for consideration and
decision;
d) refer to the Municipal Planning Commission at his/her discretion any application which in
his/her opinion should be decided by the Commission.
2) An application may be approved by the Development Officer where the proposed development
does not comply with the required front yard, side yard, rear yard and/or floor area requirements of
any district in this Bylaw if, in his/her opinion, the proposed development would not:
a) unduly interfere with the amenities of the neighborhood;
b) materially interfere with or affect the use, enjoyment or value of the neighboring properties.
c) and the amount of variance does not exceed 20% of the requirements in any district.
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Bylaw 632-2018 Land Use Bylaw
3) The Municipal Planning Commission shall:
a) decide on applications for a development permit for those Discretionary Uses in the
relevant land use district (excepting applications for Home Occupations and fencing);
b) approve the application unconditionally or impose conditions considered appropriate,
either permanently or for a limited period of time, or refuse the application.
c) When making a decision on a development permit application for a discretionary use the
Municipal Planning Commission must take into account:
i. any plans and policies affecting the parcel;
ii. the purpose statements in the applicable land use district;
iii. the appropriateness of the location and parcel for the proposed development;
iv. the compatibility and impact of the proposed development with respect to adjacent
development and the neighbourhood;
v. the merits of the proposed development;
vi. the servicing requirements;
vii. access and transportation requirements;
viii. vehicle and pedestrian circulation within the parcel;
ix. sound planning principles.
4) In the case where a proposed specific use of land or a building is not provided for in any land use
district in the Bylaw, the Municipal Planning Commission may determine such a use is similar in
character and purpose to another use of land or building that is included in the list of permitted and
discretionary uses prescribed for that land use district.
5) The Municipal Planning Commission may require, as a condition of issuing a development permit,
the applicant to enter into an agreement to construct or pay for the construction of public roadways
or parking facilities, to install or pay for the installation of utilities and/or to pay off-site levy or
redevelopment levy imposed by Bylaw.
6) If a development permit application is refused, the Development Officer need not accept another
application for the same or similar use on the same parcel for twelve (12) months after the refusal.
7) If a decision is not made on a development permit application within 40 days after its receipt by the
Development Officer, the applicant may deem it to be refused at the end of the 40 day period,
unless an applicant for a development permit enters into an agreement with the Development
Officer to extend the 40 day time period.
8) The Development Officer or Municipal Planning Commission may issue a temporary Development
Permit, for a period not exceeding one (1) year.
9) No permit shall be issued for any development on a site, the area or the width of which is less than
the minimum prescribed for the district in which the site is located, except that a lot of separate
record in the Land Titles Office which contains less than the minimum area or width may be used
subject to the discretion of the Municipal Planning Commission if all other requirements of the
Land Use Bylaw and amendments are thereto observed.
5.
Development Permits & Notices
1) The development permit granted pursuant to this Bylaw does not come into effect until 14 21 days
after the date an order, decision or development permit is communicated as described below. Any
development proceeded with by the applicant prior to the expiry of this period is done solely at the
risk of the applicant.
2) Where an appeal is made pursuant to Part IV of this Bylaw, a development permit which has been
granted shall not come into effect until the appeal has been determined and the permit may be
modified or nullified thereby.
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Bylaw 632-2018 Land Use Bylaw
3) When a permit has been granted, the Development Officer shall:
a) immediately post a notice of the decision conspicuously on the property for which the
application has been made and/or;
b) a notice in writing shall be immediately mailed to all registered owners of land who in the
opinion of the Development Officer may be affected and/or;
c) a notice shall be immediately published in a newspaper circulating in the municipality
stating the location of the property which the application has been made and the use
approved.
4) If the Development authorized by a permit is not commenced within the 12 months from the date
of its issue or carried out with reasonable diligence, the permit is deemed to be void, unless an
extension to this period has previously been granted by the Development Authority.
5) A decision by the Development Authority on an application for a development permit shall be given
in writing and a copy of it sent to the applicant.
6) When the Development Authority refuses an application for a development permit, the decision
shall contain reasons for the refusal.
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Bylaw 632-2018 Land Use Bylaw
Part IV - Appeals
1.
Appeal Procedure
1) An appeal may be made to the Subdivision and Development Appeal Board where the
Development Authority:
a) refuses or fails to issue a development permit to a person within 40 days of receipt of the
application;
b) issues a development permit subject to conditions;
c) issues an order under Part V of this Bylaw.
2) The person applying for a development permit or affected by the order, under subsection (1), or
any other person complying with the appeal requirements as set out in the Act may appeal the
decision or development permit of the Development Officer / Municipal Planning Commission to
the Subdivision and Development Appeal Board.
3) An appeal shall be made by serving a written notice of appeal, stating the reasons for the appeal,
including the applicable fee to the Secretary of the Subdivision and Development Appeal Board
within 21 days after the date of the order, decision or permit issued by the Development Authority
was either:
a) first published in a newspaper circulating in the area; or
b) posted on the site of the property which is the subject of the application; or
c) received by the applicant, whichever of these occur first.
4) For the purpose of subsection 3(c), the date of receipt of the decision is deemed to be five (5)
days from the date the decision was mailed.
2.
Public Hearing
1) Within 30 days of receipt of a notice of appeal, the Board shall hold a public hearing respecting the
appeal.
2) The Subdivision and Development Appeal Board shall give at least 5 days notice in writing of the
public hearing to:
a) the appellant or any person acting on his/her behalf;
b) The Development Officer / Chairman of the Municipal Planning Commission from whose
order, decision or development permit the appeal is made;
c) those registered owners of land in the municipality who were notified in accordance with
the Act and this Bylaw and any other person who in the opinion of the Subdivision and
Development Appeal Board, is affected by the order, decision or permit;
d) Palliser Regional Municipal Services;
e) such other persons as the Subdivision and Development Appeal Board specifies.
3) The Subdivision and Development Appeal Board shall make available for public inspection before
the commencement of the public hearing all relevant documents and materials respecting the
appeal, as they become available, subject to the Act, including:
a) the application for the development permit, its refusal and the appeal there from; or
b) the order of the Development Authority under Part V of this Land Use Bylaw.
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Bylaw 632-2018 Land Use Bylaw
4) At the public hearing regarding an appeal, the Board shall hear from:
a) the appellant or any person acting on his/her behalf;
b) the Development Officer from whose order, decision or development permit the appeal is
made, or if a person is designated to act on behalf of the Development Officer, that
person;
c) any other person who was served with notice of the hearing and who wishes to be heard
or a person acting on his/her behalf; and
d) any other person who claims to be affected by the order, decision or permit and that the
Subdivision and Development Appeal Board agrees to hear or person acting on his/her
behalf.
3.
Decision
1) The Subdivision and Development Appeal Board shall give a written decision together with
reasons for the decision within 15 days of the conclusion of the hearing.
2) A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to the Municipal
Government Act. An application for leave to appeal to the Court of Appeal shall be made:
a) to a judge of the Court of Appeal; and
b) within 30 days after the issue of the order, decision, permit, or approval sought to be
appealed.
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Bylaw 632-2018 Land Use Bylaw
Part V - Enforcement & Administration
1.
Orders of Compliance
1) Where the Development Officer finds a development or use of land or buildings is not in
accordance with:
a) Part 17 of the Act or the regulations under that part of the Act; or
b) a Development Permit or Subdivision Approval; or
c) this Land Use Bylaw; or
d) an order, decision, or permit of the Subdivision and Development Appeal Board or
Municipal Government Board;
the Development Officer may, by notice in writing, order the registered owner, the person in
possession of the land or buildings or the person responsible for the contravention or all or any of
them to:
a) stop the development or use of the land or buildings in whole or in part as directed by the
notice; or
b) demolish, remove or replace the development; or
c) take such other measures specified in the notice so that the development or use of the
land or building is in accordance with Part 17 of the Municipal Government Act, the
regulations under Part 17 of the Act, a development permit, subdivision approval or this
Bylaw, as the case may be, within the time period set out in the notice.
2) A person who receives an Order of Compliance may appeal to the Subdivision and Development
Appeal Board in accordance with Part IV of this Bylaw.
2.
Enforcement
1) Where a person fails or refuses to comply with an order directed to them under this Bylaw, or an
order of the Subdivision and Development Appeal Board issued in accordance with of the Act
within the time specified, the Council or a person appointed by it may, in accordance with the Act,
enter upon the land or building and take such action as is necessary to carry out the order.
2) Where the Council or a person appointed by it carries out an order, the Council shall cause the
costs and expenses incurred in carrying out the order to be placed on the tax roll as an additional
tax against the property concerned and that amount shall be collected in the same manner as
taxes on land.
3) A person who contravenes or fails to comply with a development permit or a condition attached
thereto is guilty of an offense and is liable on summary conviction to a fine as established by
council.
3.
Amendments to the Bylaw
1) Any person may apply to have this Bylaw amended.
2) The Council may initiate amendments by its own motion.
3) All applications for amendments of this Bylaw shall be made using the approved form,
accompanied by:
a) the fee determined by the Council;
b) a statement of the applicant's interest in the land;
c) any drawings, plans or maps required by the Development Officer; and
d) any documents as required by the Development Officer.
4) All amendments of this Bylaw shall be made by bylaw in conformity with the Act and the
regulations.
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Bylaw 632-2018 Land Use Bylaw
5) If an application for an amendment to this Bylaw has been refused by Council, then Council need
not accept an application for an amendment for the same use on the same parcel for a period of
twelve (12) months from the date of refusal.
6) Prior to third reading of the proposed by-law, Council may require the applicant to apply for a
development permit and negotiate a development agreement in respect of the proposal which
initiated the application for amendment.
4.
Existing Land Use Bylaw
1) Bylaw No. 588-2012 and amendments (614-2015) thereto are hereby repealed.
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Bylaw 632-2018 Land Use Bylaw
Part VI - Land Use Districts
1.
Districts
1) For the purpose of this Bylaw, the municipality is divided into the following Districts:
R-1
Residential Single Detached District
R-2
Residential General District
SHR
Small Holdings Residential
MH
Manufactured Home District
C-1
Central Commercial District
C-2
Commercial District
I
Industrial District
CS
Community Service District
UR
Urban Reserve District
2.
District Boundaries
1) The locations and boundaries of the land use districts are shown on the Land Use District Maps,
which form part of this Bylaw.
2) The locations of boundaries shown on the Land Use District Maps shall be governed by the
following rules:
Rule 1. Where a boundary is shown as following a street, lane, stream or canal, it shall be
deemed to follow the centerline thereof.
Rule 2. Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
Rule 3. In circumstances not covered by Rules 1 and 2 the location of the district boundary shall
be determined:
a) using any dimensions given on the map; or
b) where no dimensions are given, measurement using the scale shown on the map.
3) Where the exact location of the boundary of a land use district cannot be determined using the
rules in subsection (2), the Council, on its own motion or on a written request, shall fix the location:
a) in a manner consistent with the provisions of this Bylaw; and
b) with the appropriate degree of detail required.
4) The location of a district boundary, once fixed, shall not be altered except by an amendment of this
Bylaw.
5) The Council shall keep a list of its decisions fixing the locations of district boundaries.
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Bylaw 632-2018 Land Use Bylaw
3.
R-1
Residential Single Detached District
1) Purpose
The purpose and intent of this district is to provide for low density residential development in the
form of single detached dwellings.
2) Permitted Uses
-
Accessory Bbuildings
-
Dwelling - Single-Detached
-
Sign
3) Discretionary Uses
-
Daytime Child Care Service
-
Dwelling - Modular
-
Dwelling - Moved On
-
Home Occupation
-
Public and Quasi-Public Buildings, Facilities and Installations
-
Bed and Breakfast Establishments
-
Parks and Playgrounds
4) Minimum Requirements
a) Site Area:
i. 450 m2 (4,844 sq. ft.) for single-detached dwellings;
ii. Other uses at the discretion of the Municipal Planning Commission;
b) Lot Width:
i. 12 m (40 ft.) for single-detached dwellings;
ii. Other uses at the discretion of the Municipal Planning Commission.
c) Front Yard:
i. 5.5 m (18 ft.) for single-detached dwellings;
ii. Other uses at the discretion of the Municipal Planning Commission.
d) Side Yard:
i. 1.5 m (5 ft.) for single-detached dwellings;
ii. 3.0 m (10 ft.) abutting the flanking street on corner lots;
iii. One 3.0 m (10 ft) side yard (excluding corner lots) to provide alternative access to
the rear of the buildings in laneless subdivisions;
iv. Accessory buildings shall be sited in accordance with Part VII, General Land Use
Regulations pertaining to Accessory Buildings contained within this Bylaw; and
v. Other uses at the discretion of the Municipal Planning Commission.
e) Rear Yard:
i. 5.5 m (18 ft.) for single-detached dwellings;
ii. Other uses at the discretion of the Municipal Planning Commission.
f)
Gross Floor Area:
i. 93 m
2 (1000 sq. ft.) for single-detached dwellings;
ii. Other uses at the discretion of the Municipal Planning Commission.
5) Maximum Limits
a) Height
i. 10.5 m (35 ft.) for principal buildings and shall not exceed two stories;
ii. 4.5 m (15 ft.) for accessory buildings;
b) Site Coverage
i. 35% of the site area for single-detached dwellings;
ii. 15% of the site area for accessory buildings; and
iii. Other uses at the discretion of the Municipal Planning Commission.
6) Parking
Parking shall be provided according to the following:
a) single-detached dwellings - One (1) parking or garage space per dwelling unit;
b) Other uses at the discretion of the Municipal Planning Commission.
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Bylaw 632-2018 Land Use Bylaw
7) Screening
a) Garbage and waste material must be stored in weather and animal proof containers.
Garbage and waste material storage must be screened from public thoroughfares,
excluding lanes.
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Bylaw 632-2018 Land Use Bylaw
4.
R-2
Residential General District
1) Purpose
The purpose and intent of this district is to provide for residential neighborhoods in which a variety
of housing types may be permitted.
2) Permitted Uses
-
Accessory Buildings and Uses
-
Dwelling - Single-Detached
-
Sign
3) Discretionary Uses
-
Boarding or Lodging House
-
Daytime Child Care Service
-
Dwelling - Duplex
-
Dwelling - Manufactured home
-
Dwelling - Modular
-
Dwelling - Moved On
-
Dwelling - Multiple Unit (Apartment)
-
Dwelling- Multiple Unit (Attached)
-
Home Occupation
-
Public and Quasi-Public Buildings, Facilities and Installations
-
Bed and Breakfast Establishment
-
Parks and Playgrounds
-
Worship Facility
4) Minimum Requirements
a) Site Area:
i. 450 m2 (4,844 sq. ft.) for single-detached dwellings, and manufactured homes;
ii. 660 m2 (7104 sq. ft.) for duplexes and semi-detached single-family dwellings;
iii. 720 m2 (7750 sq.ft.) for apartment buildings;
iv. 180 m2 (1930 sq. ft.) for attached housing interior units and 300 m2 (3230 sq. ft.)
for attached housing end units;
v. With the approval of the Municipal Planning Commission, the site area may be
less in the case of lots legally created prior to this Bylaw; and
vi. Other uses at the discretion of the Municipal Planning Commission.
b) Lot Width:
i. 15.24 m (50 ft.) for single-detached dwellings, and manufactured homes;
ii. 18 m (60 ft.) for duplexes and semi-detached single-family dwellings;
iii. 24 m (78 ft.) for apartment;
iv. 6.1 m (20 ft.) for attached housing interior units and 10 m (32 ft.) for attached
housing end units;
v. Other uses at the discretion of the Municipal Planning Commission.
c) Front Yard:
i. 7.5 m (24.6 ft.) for single-detached dwellings, manufactured homes, duplexes and
semi-detached single-family dwellings, apartment buildings and attached housing;
ii. Other uses at the discretion of the Municipal Planning Commission.
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Bylaw 632-2018 Land Use Bylaw
d) Side Yard:
i. 1.23 m (4 ft.) for single-detached dwellings, manufactured homes, and duplexes
and semi-detached single-family dwellings;
ii. 3.05 m (10 ft.) for attached housing end units;
iii. 3.05 m (10 ft.) abutting the flanking street on corner lots;
iv. One 3.05 m (10 ft.) side yard (excluding corner lots) to provide alternate access to
the rear of the buildings in the laneless subdivision;
v. Accessory buildings shall be sited in accordance with Part VII, General Land Use
Regulations pertaining to Accessory Buildings contained within of this Bylaw;
vi. Other uses at the discretion of the Municipal Planning Commission.
e) Rear Yard:
i. 7.5 m (24.6 ft.) for single-detached dwellings, manufactured homes, duplexes and
semi-detached single-family dwellings, and attached housing;
ii. Other uses at the discretion of the Municipal Planning Commission.
f)
Gross Floor Area:
i. 74.32 m2 (800 sq. ft.) for single-detached dwellings;
ii. 65.03 m2 (700 sq. ft.) for duplexes and semi-detached single-family dwellings;
iii. 55.7 m2 (600 sq. ft.) for manufactured homes, and apartments (per unit);
iv. Other uses at the discretion of the Municipal Planning Commission.
5) Maximum Limits
a) Height
i. 10.67 m (35 ft.) for principal buildings and shall not exceed three stories;
ii. 4.57 m (15 ft.) for accessory buildings;
b) Site Coverage
i. 35% of the site area for single-detached dwellings;
ii. 15% of the site area for accessory buildings; and
iii. Other uses at the discretion of the Municipal Planning Commission.
6) Parking
Parking shall be provided according to the following:
a) single-detached dwellings - One (1) parking or garage space per dwelling unit;
b) Worship facilities - One (1) parking space per 15 seats; and
c) Other uses at the discretion of the Municipal Planning Commission.
7) Screening
a) Garbage and waste material must be stored in weather and animal proof containers.
Garbage and waste material storage must be screened from public thoroughfares,
excluding lanes.
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5.
SHR
Small Holdings Residential District
1) Purpose
The purpose and intent of this district is to accommodate low-density residential housing in a semi-
rural setting within the village.
2) Permitted Uses
-
Accessory Buildings and Uses
-
Dwelling - Single-Detached
-
Sign
3) Discretionary Uses
-
Animal Units
-
Dwelling - Manufactured homes
-
Dwelling - Modular
-
Dwelling - Moved On
-
Home Occupation
-
Parks and Playgrounds
-
Public and Quasi-Public Buildings, Facilities and Installations
-
Storage Structure
4) Minimum Requirements
a) Site Area:
i. 464.5 m2 (5000 sq. ft.) for single-detached dwellings and manufactured homes;
ii. Lots served by a private water and / or sewer system at the discretion of the
Municipal Planning Commission to ensure compliance with the Plumbing Code
and may require a PSDS site evaluation to ensure site suitability;
iii. With the approval of the Municipal Planning Commission, the site area may be
less in the case of lots legally created prior to this Bylaw;
iv. Other uses at the discretion of the Municipal Planning Commission.
b) Lot Width:
i. 15.2 m (50 ft.) for single-detached dwellings and manufactured homes;
ii. Lots served by a private water and / or sewer system at the discretion of the
Municipal Planning Commission to ensure compliance with the Plumbing Code.
iii. Other uses at the discretion of the Municipal Planning Commission.
c) Front Yard:
i. 7.5 m (24.6 ft.) for single-detached dwellings, manufactured homes;
ii. Other uses at the discretion of the Municipal Planning Commission.
d) Side Yard:
i. 1.23 m (4 ft.) for single-detached dwellings, manufactured homes;
ii. 3.05 m (10 ft.) abutting the flanking street on corner lots;
iii. One 3.05 m (10 ft.) side yard (excluding corner lots) to provide alternate access to
the rear of the buildings in the laneless subdivision;
iv. Accessory buildings shall be sited in accordance with Part VII, General Land Use
Regulations pertaining to Accessory Buildings contained within this Bylaw; and
v. Other uses at the discretion of the Municipal Planning Commission.
e) Rear Yard:
i. 7.5 m (24.6 ft.) for single-detached dwellings, manufactured homes;
ii. Other uses at the discretion of the Municipal Planning Commission.
f)
Gross Floor Area:
i. 74.32 m2 (800 sq. ft.) for single-detached dwellings;
ii. 55.7 m2 (600 sq. ft.) for manufactured homes;
iii. Other uses at the discretion of the Municipal Planning Commission.
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Bylaw 632-2018 Land Use Bylaw
5) Maximum Limits
a) Height
i. 10.67 m (35 ft.) for principal buildings and shall not exceed three stories;
ii. 4.57 m (15 ft.) for accessory buildings;
b) Site Coverage
i. 35% of the site area for single-detached dwellings;
ii. 15% of the site area for accessory buildings;
iii. Other uses at the discretion of the Municipal Planning Commission.
6) Parking
Parking shall be provided according to the following:
a) single-detached dwelling - One (1) parking or garage space per dwelling unit;
b) Worship Facility - One (1) parking space per 15 seats; and
c) Other uses at the discretion of the Municipal Planning Commission.
7) Screening
a) Garbage and waste material must be stored in weather and animal proof containers.
Garbage and waste material storage must be screened from public thoroughfares,
excluding lanes.
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Bylaw 632-2018 Land Use Bylaw
6.
MH
Manufactured Home District
1) Purpose
The purpose and intent of this district is to permit the placement of manufactured homes suitable
for residential purposes, with access to all community services and facilities.
2) Permitted Uses
-
Accessory Buildings and Uses
-
Dwelling - Manufactured Home
-
Dwelling - Modular
-
Sign
3) Discretionary Uses
-
Bed and Breakfast Establishment
-
Boarding or Lodging House
-
Carport
-
Daytime Child Care Service
-
Dwelling - Single-Detached
-
Dwelling - Moved On
-
Home Occupation
-
Manufactured Home Park
4) Minimum Requirements
a) Area of Site:
i. 450 m2 (4844 sq. ft.) for manufactured homes
ii. 0.4 ha (1 acre) for manufactured homes parks;
iii. With approval of the Municipal Planning Commission, the site area may be less in
the case of lots legally created prior to this Bylaw;
iv. Other uses at the discretion of the Municipal Planning Commission.
b) Width of Site:
i. 15.2 m (50 ft.) for manufactured homes;
ii. Lots served by a private water and/or sewer system at the discretion of the
Municipal Planning Commission to ensure compliance with the Plumbing Code;
iii. Other uses at the discretion of the Municipal Planning Commission.
c) Front Yard:
i. 7.5 m (25 ft.);
ii. 4.0 m (13.1 ft.) from the adjoining internal access road of a manufactured home
park.
d) Side Yard:
i. 1.5 m (5 ft.) for manufactured homes;
ii. 3.0 m (9.8 ft.) abutting the flanking street on corner lots;
iii. 3.0 m (9.8 ft.) separation between manufactured homes, including any porch or
addition;
iv. Accessory buildings shall be sited in accordance with Part VII, General Land Use
Regulations pertaining to Accessory Buildings contained within this Bylaw; and
v. Other uses at the discretion of the Municipal Planning Commission.
e) Rear Yard:
i. 7.5 m (24.6 ft.);
ii. Accessory buildings shall be sited in accordance with Part VII, General Land Use
Regulations pertaining to Accessory Buildings contained within this Bylaw; and
f)
Gross Floor Area:
i. 55.7 m2 (600 sq. ft.) for manufactured homes;
ii. Other uses at the discretion of the Municipal Planning Commission.
5) Screening
a) Garbage and waste material must be stored in weather and animal proof containers and
screened from adjacent sites and public thoroughfares.
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Bylaw 632-2018 Land Use Bylaw
7.
C-1
Central Commercial District
1) Purpose
The purpose and intent of this district is to provide for centralized commercial and retail
development and cultural and civic use. Bylaw 660-2022
2) Permitted Uses
-
Financial Institution
-
Funeral Home
-
Sign
-
Office
-
Post Office
-
Personal Service Shop
-
Retail Store
-
Restaurant
3) Discretionary Uses
-
Accessory Buildings and Uses
-
Amusement Enterprise
-
Autobody Paint Shop
-
Automobile Repair and Service
-
Automotive Sales
-
Cannabis Café
-
Cannabis Retail Sales
-
Car Wash
-
Clinic / Medical Facility
-
Coin Laundries and Cleaners
-
Daytime Child Care Service
-
Dwelling Units as a secondary use to the commercial use of the building
-
Emergency Shelter Bylaw 660-2022
-
Hotel or Motel
-
Library
-
Parks and Playgrounds
-
Service Station
-
Storage Structure
-
Public and Quasi-Public Buildings, Facilities and Installations
-
Private Club or Organization
-
Tradesman's shop
-
Veterinary Clinic
-
Warehouse
-
Worship Facility
4) Minimum Requirements
a) Site Area:
i. 135 m2 (1453 sq. ft.).
b) Lot Width:
i. 10 m (33 ft.).
c) Front Yard:
i. Based on the front yard provided by neighboring buildings and is to be determined
for each application by the Development Officer / Municipal Planning Commission.
d) Side Yard:
i. 1.52 m (5 ft.) adjacent to residential districts;
ii. No side yard is required where a fire-wall is provided but if a side yard is provided,
it must be 1.23 m (4 ft.).
e) Rear Yard:
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Bylaw 632-2018 Land Use Bylaw
i. 7.62m (25 ft.) or as required by the Development Officer / Municipal Planning
Commission.
5) Maximum Limits
a) Site Coverage:
i. 80%
b) Height:
i. 13.72 m (45 ft.) unless otherwise approved by the Development Officer / Municipal
Planning Commission.
6) Parking
a) Parking should be provided according to the following:
i. Professional, financial & administrative offices - One (1) parking space per (800
sq. ft.) of gross floor area in the building.
ii. Retail shops, repair and service shops - One (1) parking space per (800 sq. ft.) of
gross floor area in the building.
iii. Clinics - Two (2) parking spaces per 93 m2 (1,000 sq. ft.) of gross floor area in the
building.
iv. Restaurants - One (1) parking space per eight (8) seats.
v. Hotels & Motels - One (1) parking space per guest suite.
vi. Funeral Homes - One (1) parking space per 3 seats.
vii. Libraries - One (1) parking space per 74 m2 (800 sq. ft.) of gross floor area in the
building.
viii. Other uses at the discretion of the Development Authority.
b) Notwithstanding subsection 6(a) should the Municipal Planning Commission deem it
advisable it may reduce or waive the parking space requirements for proposed
development or redevelopment of a commercial site within the Central Business Land Use
District:
i. where the configuration of the buildings to be developed and those adjacent
buildings is such that the provision of required parking is not practical; or
ii. where the dimensions or site area is inadequate to reasonably accommodate the
proposed development and required parking.
7) Landscaping and Screening
a) Sites abutting a residential district shall be screened from view to the satisfaction of the
Development Authority;
b) Outside storage areas of material and equipment shall be screened from adjacent sites
and public thoroughfares; and
c) Garbage and waste material must be stored in weather and animal proof containers and
screened from adjacent sites and public thoroughfares.
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Bylaw 632-2018 Land Use Bylaw
8.
C - 2 General Commercial District
1) Purpose
The purpose and intent of this district is to provide for a range of commercial uses.
2) Permitted Uses
-
Accessory Buildings and Uses
-
Financial Institution
-
Sign
-
Tourist Information Centre
3) Discretionary Uses
-
Accessory Building
-
Automotive Repair and Service
-
Automotive Sales
-
Autobody Paint Shop
-
Auto Wrecker
-
Building Material Sales
-
Bulk Fuel Sales Depot
-
Cannabis Café
-
Cannabis Retail Sales
-
Car Wash
-
Clinic / Medical Facility
-
Dwelling Unit as a secondary use to the commercial use of the building
-
Funeral Home
-
Heavy Equipment Assembly, Sales and Service
-
Hotel or Motel
-
Public and Quasi-Public Buildings, Facilities and Installations
-
Restaurant
-
Retail Store
-
Service Station
-
Storage Structure
-
Tradesman's Shop
-
Veterinary Clinic
-
Warehouse
4) Minimum Requirements
a) Site Area:
i. 135 m2 (1,453 sq. ft.).
b) Lot Width:
i. 15.24 m (50 ft.).
c) Front Yard:
i. Based on the front yard provided by neighbouring buildings and is to be
determined for each application by the Development Officer / Municipal Planning
Commission.
d) Side Yard:
i. 1.52 m (5 ft.) adjacent to residential districts;
ii. No side yard is required where a firewall is provided but if a side yard is provided,
it must be 1.23 m (4 ft.).
e) Rear Yard:
i. 6.1 m (20 ft.) or as required by the Development Officer / Municipal Planning
Commission.
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Bylaw 632-2018 Land Use Bylaw
5) Maximum Limits
a) Site Coverage:
i. 80%
b) Height:
i. 10.67 m (35 ft.) unless otherwise approved by the Development Officer / Municipal
Planning Commission
c) Front Yard:
i. 7.6 m (25 ft)
ii. Shall be landscaped to the satisfaction of the Development Officer
6) Parking
a) Parking shall be provided according to the following:
i. Professional, financial & administrative offices - One (1) parking space per 74 m2
(800 sq. ft.) of gross floor area.
ii. Retail stores, equipment repair and workshops - One (1) parking space per 93 m2
(1,000 sq. ft.) of gross floor area.
iii. Restaurants - One (1) parking space per eight (8) seats.
iv. Hotel & motels - One (1) parking space per guest suite.
v. All other uses - One (1) parking space per 93 m2 (1,000 sq. ft.) of gross floor area
or at the discretion of the Municipal Planning Commission
7) Landscaping & Screening
a) The boulevard and a minimum of 10% of the site area must be landscaped in accordance
with the plan approved by the Development Officer / Municipal Planning Commission;
b) Any trees or shrubs which die, that were planted under the approved plan, must be
replaced the next planting season;
c) Sites abutting a residential district shall be screened from view to the satisfaction of the
Development Officer / Municipal Planning Commission;
d) Outside storage area of material and equipment should be screened from adjacent sites
and public thoroughfares; and
e) Garbage and waste material must be stored in weather and animal proof containers and
screened from adjacent sites and public thoroughfares.
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Bylaw 632-2018 Land Use Bylaw
9.
I
Industrial District
1) Purpose
The purpose and intent of this district is to provide for a range of manufacturing, warehousing and
other industrial land uses.
2) Permitted Uses
-
Accessory Buildings and Uses
-
Sign
3) Discretionary Uses
-
Automotive Vehicle Sales
-
Automotive Repairs and Services
-
Automotive Body and Paint Shop
-
Building Material Sales
-
Bulk Fertilizer Distribution and Storage
-
Bulk Fuel Sales Depot
-
Cannabis Café
-
Cannabis Retail Sales
-
Dwelling Unit as a secondary use to the principal use of the building/ site
-
Flour and Feed Mill .
-
Grain Elevator
-
Heavy Equipment Assembly, Sales, Service and Rental
-
Light Manufacturing
-
Propane Gas Distribution
-
Office
-
Storage Structure
-
Storage Yard
-
Tradesman's Shop
-
Truck and Freight Terminal .
-
Veterinary Clinic
-
Warehouse
4) Minimum Requirements
a) Area of Site:
As required by the Development Officer / Municipal Planning Commission.
b) Width of Site:
As required by the Development Officer / Municipal Planning Commission.
c) Front Yard:
i. 6.1 m (20 ft.)
d) Side Yard:
i. 5.03 m (16.5 ft.)
ii. Or as required by the Development Officer / Municipal Planning Commission.
e) Rear Yard:
i. 5.03 m (16.5 ft.)
ii. None where a rear yard abuts a railway right-of-way
iii. Or, as required by the Development Officer / Municipal Planning Commission.
5) Maximum Limits
a) As required by the Development Officer / Municipal Planning Commission.
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Bylaw 632-2018 Land Use Bylaw
6) Special Requirements
a) The operation of all uses shall comply with the environmental and public health
performance standards of the Provincial Government. If the Development Authority
determines that a proposed use may conflict with those standards, he shall refer the
application to the appropriate Provincial Department for clarification prior to issuing a
Development Permit;
b) The Municipal Planning Commission may prescribe screening and landscaping for uses
which involve storage of goods, machinery, vehicles, building materials, waste materials,
and other items.
7) Parking
Off-street parking shall be provided according to the following:
a) All uses - One (1) parking space per 92.9` m2 (1,000 sq. ft.) of gross floor area plus one
(1) loading space per 1,858 m2 (20,000 sq. ft.) gross floor area.
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Bylaw 632-2018 Land Use Bylaw
10.
CS
Community Service District
1) Purpose
The purpose and intent of this district is to provide recreational, educational and community uses.
2) Permitted Uses
-
None
3) Discretionary Uses
-
Accessory Buildings and Uses
-
Campground
-
Cemeteries
-
Clinic
-
Community recreation facilities
-
Hospitals
-
Municipal buildings and facilities
-
Parks and playgrounds
-
Sign
-
Public and quasi-public buildings, installations and facilities
-
School
-
Seniors lodge
-
Storage structure
4) Minimum Requirements
a) Front Yard:
i. 7.6 m (25 ft.)
b) Side Yard:
i. 3.1 m (10 ft.)
c) Rear Yard:
i. 7.62 m (25 ft.)
5) Development Requirements
The Development Authority shall evaluate each development permit for this district on its merit and
establish suitable development requirements for each individual application.
6) Parking
Parking (on site) shall be provided according to the following:
a) Public places of assembly including sports arenas, ball parks and other recreational or
amusement places - One (1) parking space per 10 seat-in spaces.
b) Hospitals - One (1) parking space per 93 m2 (1,000 sq. ft.) of gross floor area.
c) Libraries and Clinics - Two (2) parking spaces per 93 m2 (1,000 sq. ft.) of gross floor area.
d) Schools - Elementary & Junior High - One (1) parking space per classroom. Senior High -
Four (4) parking spaces per classroom.
7) Screening
Garbage and waste material must be stored in weather and animal proof containers and screened
from adjacent sites and public thoroughfares including lanes.
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Bylaw 632-2018 Land Use Bylaw
11.
UR
Urban Reserve District
1) Purpose
The purpose and intent of this district is to reserve lands outside of the developed area of the
Village intended for future development.
2) Permitted Uses
-
Accessory Buildings and Uses
-
Agriculture, but not including feedlots, hog barns poultry farms and fur farms
-
Greenhouses
-
Horticultural nurseries
-
Market gardens
-
Parks
-
Sign
3) Discretionary Uses
-
Animal Units
-
Dwelling - Single-Detached -on existing parcels only
-
Public and quasi-public buildings, installations and facilities
-
Storage Structure
-
Storage yard
4) Development Requirements
The Development Officer / Municipal Planning Commission shall evaluate each development
permit for this district on its merit and establish suitable development requirements for each
individual application.
5) Regulations
a) The design, siting, site coverage, yards, height of buildings, external finish and
landscaping generally of all buildings and structures shall be to the satisfaction of the
Development Authority who in determining a development permit application shall take
into account:
i. the general purpose of the district; and
ii. the existing uses and prospective uses of land in the vicinity.
b) The Municipal Planning Commission may require an area structure plan before a
subdivision decision is determined.
c) The Development Authority shall be satisfied prior to the granting of a development permit
that the proposed use will not prejudice the orderly development of the area including the
future establishment of residential, commercial, industrial, recreational, and service
facilities on a neighborhood and community basis.
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Bylaw 632-2018 Land Use Bylaw
Part VII - General Land Use Regulations
1. Accessory Building & Uses
1) A structure which is attached to the principle building by a roof, a floor or a foundation is
not an accessory building, it is to be considered part of the principal building.
2) An accessory building shall not be used as a dwelling.
3) An accessory building or use shall be located at least 1m (3.3 feet) from any principal
building.
4) The total combined floor area of an accessory building shall not exceed 15% of the site
area.
5) Side and rear yard requirements for an accessory building shall not be less than 1m (3.3
ft.) except on corner lots, the distance between an accessory building and the street
flanking the lot shall not be less than the side yard requirement for the principal building in
that particular land use district.
6) No accessory building or use shall be located in the front yard of a residential district.
7) The height of an accessory building shall not exceed 4.5 m (15 ft.).
2. Animal Units
a) The application of animal units may be applied as a condition of a development permit;
b) All development permits issued for Animal Units shall be revocable at any time by the
Development Authority, if in its opinion, the use is or has become detrimental to the
amenities of the neighborhood.
c) One animal unit is permitted for every 0.81 ha. (2.0 acres) of land contained within a
parcel. The maximum number of animal units permitted shall be calculated in accordance
with the total amount of acres in the parcel and the total number of animals and shall not
exceed 4 animal units on any given parcel.
d) In the 'SHR' - Small Holdings Residential District, animal units are considered a
discretionary use in accordance with the following schedule:
Type of Animal
No. of Animals equivalent to one animal unit
Horse
1.0
Donkey
1.0
Sheep
2.0
Rams or ewes plus lambs
2.0
Goat
2.0
3. Building Demolition
The demolition of a building shall require a development permit. Such a permit application shall
require a statement indicating:
1) How the demolition will be carried out so as to minimize dust, noise, or other nuisance
2) How the parcel will be reclaimed.
4. Fencing
1) In a residential district, a fence or hedge located within a rear or side yard of a lot, shall not
exceed 1.83 m (6 feet) in height.
2) In a residential district, a fence or hedge located within the front yard of a lot, shall not
exceed 0.9 m (3 feet) in height.
3) In a residential district, a fence or hedge located within a corner lot shall not exceed 0.9 m
(3 feet) in height from the building facing the streets.
4) Swimming pools shall be fenced with a minimum height in consideration of applicable
Provincial health and safety requirements.
5) Materials used to construct fences can be weed, brick, stone, concrete or metal. Barbed
wire and livestock style electric fences are not permitted in residential areas without the
prior approval of the Development Officer.
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Bylaw 632-2018 Land Use Bylaw
5. Home Occupations
1) All development permits issued for home occupations shall be revocable at any time by
the Municipal Planning Commission, if in its opinion, the use is or has become detrimental
to the amenities of the neighborhood.
2) The Municipal Planning Commission may issue a temporary permit for a home
occupation.
3) Where the applicant for the home occupation is not the registered owner of the dwelling
unit proposed to be used for a home occupation, the applicant shall provide to the
Municipal Planning Commission written authorization from the registered owner(s).
4) A development permit issued for a home occupation shall remain valid unless:
a) the applicant fails to purchase a valid business license as set out in the Village's
current business bylaw;
b) the Municipal Planning Commission revokes the development permit as set out in
subsection (1).
5) A home occupation shall not include any use or operation which will cause or create a
nuisance by way of dust, noise, smell, smoke or traffic generation.
6. Daytime Child Care Services
1) The Municipal Planning Commission shall, in deciding whether to approve or refuse a
Daytime Child Care Service, consider among other matters, potential traffic generation,
proximity to park or other open or recreation areas, isolation of the proposed site from
other residential uses, buffering or other techniques designed to limit any interference with
other uses or the peaceful enjoyment of their properties by nearby residents, and
consistency in terms of intensity of use with other development in the area.
2) The maximum number of children for which care may be provided in a Daytime Child Care
Service is established by the Alberta Family Day Home Standards Manual, which should
be consulted if an application for a child care service is applied for.
7. Dwelling Units on a Parcel
1) No person shall construct or locate or cause to construct more than one (1) dwelling unit
on a parcel or lot, unless:
a) the second or additional dwelling(s) is contained in a building designed for or
divided into two or more dwelling units;
b) the Municipal Planning Commission may issue a permit for a second dwelling on a
parcel, if it believes that the proposal would not:
i.
unduly interfere with the amenities of the neighbourhood;
ii.
materially interfere with or affect the use, enjoyment or value of
neighboring properties; and
iii.
the proposed development complies with the standards and provisions of
the Alberta Uniform Building Code.
8. General Requirements for Manufactured Homes
a) Foundation:
A permanent foundation shall be provided on the stand of each manufactured home lot
capable of supporting the maximum anticipated load of the manufactured home at all
seasons without settlement or other movement.
b) Skirting:
The undercarriage of each manufactured home shall be completely screened from view by
the foundation or by skirting within 30 days of placement of the manufactured home.
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Bylaw 632-2018 Land Use Bylaw
c) Additions, Porches etc.:
All accessory structures such as steps, patios, porches, additions, skirting and storage
facilities shall be factory pre-fabricated units or of a quality equivalent thereto, so that
design and construction will complement the manufactured home. Additions to a
manufactured home shall have a foundation and skirting equivalent to that of the
manufactured home. All manufactured homes shall be provided with steps and landings
to all entrances within 30 days of their placement.
d) Utilities:
Each manufactured home shall be connected to and be serviced by electrical power,
natural gas, telephone, and the Village's sanitary sewer and water supply.
e) Age:
All manufactured home units shall have Canadian Standards Association (CSA)
Certificates. Manufactured homes constructed more than eight (8) years before the date
of application for a development permit shall not be allowed. The Municipal Planning
Commission in the performance of its duties in discretionary approval of Development
Permits may relax this condition where it is satisfied that the manufactured home meets
the standards of manufactured Homes constructed within the last (8) eight years.
Manufactured Home Parks shall be evaluated according to the following requirements:
a) Roadways
i. All roads in a manufactured home park shall be paved and constructed to the
Municipality's specifications;
ii. Internal pedestrian walkways shall have a minimum width of 1 m (3.3 ft.) and be
surfaced to the satisfaction of the Development Officer / Municipal Planning
Commission.
b) Parking
i. No on-street parking shall be permitted in manufactured home parks;
ii. A minimum of one (1) car parking stall shall be provided for each manufactured
home;
iii. Visitor parking shall be one (1) off-street parking stall for every three (3)
manufactured homes. Visitor parking shall be dispersed throughout the park and
clearly identified.
c) Appearance
i. A 6.1 m (20 ft.) buffer strip shall be provided around the boundary of the park. This
buffer shall be landscaped and fenced;
ii. Each application shall be accompanied by a landscaping and site development
plan;
iii. All utility lines shall be placed underground in a manufactured home park;
iv. A minimum of 5% of the gross site area of a manufactured home park shall be
reserved for recreational use.
d) Permitted Signs
i. One park identification sign at each entrance to the park. Maximum sign area is
3.0 m2 (32 sq.ft.) and maximum height of sign is 1.8 m (6 ft.);
ii. Directional signs within the park.
e) Storage
i. A screened storage compound shall be provided for trucks, campers, travel
trailers, snowmobiles, boats, etc., at a location and in a manner satisfactory to the
Development Officer / Municipal Planning Commission.
f)
Future Subdivision
i. The Development Officer/Municipal Planning Commission should give
consideration to the sizing of lots and internal streets in order that the future
subdivision of the manufactured home park to provide titled lots is a viable option.
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Bylaw 632-2018 Land Use Bylaw
9. Non-Conforming Buildings and Uses
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 (6) consecutive months or more, any future
use of the land or building shall conform with the provisions of the Land Use Bylaw then in
effect.
2) A non-conforming use of part of a building may be extended throughout the building but
the building, whether or not it is a non-conforming building, shall not be enlarged or added
to and no structural alterations shall be made thereto or therein.
3) A non-conforming use of part of a lot shall not be extended or transferred in whole or in
part of any other part of the lot and no additional buildings shall be erected upon the lot
while the non-conforming use continues.
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 considers necessary for the routine maintenance of
the building.
5) If a non-conforming building is damaged or destroyed to the extent of more than 75
percent of the value of the building above its foundation, the building shall not be repaired
or rebuilt except in accordance with this Land Use Bylaw.
6) The use of land or the use of a building is not affected by reason only of a change of
ownership, tenancy or occupancy of the land or building.
10. Objects Prohibited or Restricted in Yards
No person shall keep or permit in any part of a yard in any residential district:
1) Any dismantled or wrecked vehicle for more than 30 successive days;
2) Any object or chattel which, in the opinion of the Development Officer is unsightly or tends
to adversely affect the amenities of the district;
3) Any excavation, storage of material required during the construction stage unless all
necessary safety measures are undertaken; the owner of such materials or excavations
assumes full responsibility to ensure the situation does not prevail any longer than
reasonably necessary to complete a particular stage of construction work.
11. Off-Street Loading & Unloading for Commercial & Industrial Development
Any new industrial and commercial development or a substantial expansion of an existing
development shall provide and maintain off-street loading and unloading spaces according to the
following requirements:
1) The space shall not be less than 2.5 m (8 feet) wide and shall provide no less than 3.6 m
(12 feet) overhead clearance;
2) The space shall be hard surfaced if the access is from a street or lane which is hard
surfaced;
3) Access to the space shall be such that no backing and turning movements of vehicles
causes interference with traffic on the adjoining or abutting streets or lanes;
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Bylaw 632-2018 Land Use Bylaw
4) Off-street loading and unloading spaces should be provided in accordance with the
following:
Use of Building or Site
Total Gross Floor Area
Spaces Required
a) Retail, industry, warehousing
Less than 464.5 m2
1
or similar use
(5,000 sq. ft.)
464.5 m2 (5,000 sq. ft.)
2
to 2322.5 m2 (25,000 sq. ft.)
Each additional 2322.5 m2
1
(25,000 sq. ft.) or fraction
additional
thereof
b) Office Building, hospitals,
Up to 2782 m2 (30,000 sq. ft.)
1
public school or similar use
Each additional 2782 m2
1
(30,000 sq. ft.) or fraction thereof
additional
5) The above standards can be modified at the discretion of the Development Officer /
Municipal Planning Commission.
12. Parking
1) The number of off-street parking spaces for any development shall be according to
requirements set out for the land use district in which the space is located.
2) For a multiple use site, parking requirements shall be based on the calculation of parking
required for each individual use.
3) Parking spaces for multi-unit dwellings shall not be less than 14.8 m2 (160 sq. ft.) in area
and not be less than 2.4 m (8 ft.) wide.
4) Parking spaces for an apartment building shall not be located in the front yard.
5) parking space shall be located on the same site as the building or the use in respect of
which it is required and shall be designated, located, and constructed to the Village's
standards so that:
a) it is reasonably accessible to the vehicle intended to be accommodated there;
b) It can be properly maintained; and
c) It is satisfactory to the Development Officer in size, shape, location and
construction.
13. Physical Environment
1) The Development Authority may consider the environmental impact of any proposed
development. The Development Authority may refer the proposal to a relevant provincial
department for comments on the nature of the environmental concern. Where a
development is considered to have a significant environmental impact, the Development
Authority may request the developer to have an environmental evaluation prepared and
submitted by an appropriate professional, or undertake its own environmental evaluation
regarding the proposed development. All costs associated with an environmental
evaluation are the responsibility of the developer.
14. Projection Over Yards
1) Front Yards:
a) Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed decks,
may project a maximum of 0.6 m (2 ft.) over or onto a required front yard;
b) Unenclosed steps may project a maximum of 1.8 m (6 ft.) over or onto a required
front yard.
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Bylaw 632-2018 Land Use Bylaw
2) Side Yards:
a) Eaves, shade projections, chimneys, may project a distance not exceeding one
half of the minimum side yard requirement for the lot;
b) Unenclosed steps and landings shall be at grade to a side entrance and may
project onto the entire required side yard. Unenclosed steps and landings above
grade shall be at the discretion of the Municipal Planning Commission;
c) Residential buildings with a side entrance requiring a side yard relaxation and/or
having projections as described above shall maintain one side yard with no
relaxation or projection except for eaves.
3) Rear Yards:
a) Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed decks
and steps may project a maximum of 1.5 m (4.9 ft.) over or onto a required rear
yard.
15. Relocation of Buildings
1) Where a development permit has been granted for the relocation of a building on the
same site or from another site, the Municipal Planning Commission may require the
applicant to provide a Performance Bond or letter or credit up to the amount of the
estimated cost of the on-site renovations and finishing required to ensure completion of
any renovations set out as a condition of approval of a permit. In addition, the Municipal
Planning Commission shall require the applicant to provide proof of insurance during and
after the relocation of the building.
2) All renovations to a relocated building are to be completed within one (1) year of the
issuance of the Development Permit.
3) Application for a relocated building shall be accompanied by recent photographs to the
satisfaction of the Development Authority. Also, the views (in writing) of the adjacent
registered property owners within a minimum of 60 m (196.85 feet) of a said parcel must
be obtained.
16. Signs
1) No signs or advertising structures of a commercial, direction or information nature shall be
erected on land or affixed to any exterior surface of any building or structure unless an
application for this purpose has been approved and a development permit has been
issued.
2) No signs or advertising structures shall be erected on or affixed to private property without
the prior consent of the property owner or tenant.
3) No signs, billboards, advertising structures or signboards shall be erected on or affixed to
public property without the prior consent of the appropriate public body.
4) No signs or advertisement shall resemble or conflict with a traffic sign.
5) All signs, with the exception of temporary signs, allowed under a Temporary Development
Permit, shall be attached to a permanent foundation capable of supporting the sign.
6) All signs shall be designed and manufactured to a professional standard of quality
equivalent thereto.
7) All signs shall be kept in a safe, clean, tidy and legible condition and may, at the discretion
of the M.P.C., be required to be renovated or removed. Signs advertising businesses no
longer in operation shall be removed.
8) No signs or advertising structures other than those specified under subsection 7(9), shall
be permitted in a residential district.
9) No signs or advertising of any kind shall be permitted adjacent to a highway unless the
prior approval of Alberta Transportation & Utilities has been obtained.
10) The following separation distances between signs shall be applied:
a) 9.14 m (30 ft.) adjacent to a municipal road;
b) 100 m (325 ft.) adjacent to a primary highway or as required by Alberta
Transportation & Utilities.
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Bylaw 632-2018 Land Use Bylaw
11) Projecting signs may be permitted provided that:
a) a minimum height clearance of 2.74 m (9 ft.) be provided from any sidewalk
below;
b) the signs shall not project above the roof by more than 0.91 m (3 ft.);
c) the sign does not project within 0.61 m (2 ft.) of the curb;
d) the sign does not project more than 2 m (6.5 ft.) from the face of the building;
e) the sign does not exceed 9.29 m2 (100 ft.2) in area.
12) Free standing signs (directional, advertising or identification) may be permitted provided
that:
a) the sign does not exceed 9.14 m (30 ft.) in overall height;
b) the maximum total sign area allowable is 13.94 m2 (150 ft.2);
c) the sign shall be a minimum of 6.1 m (20 ft.) from a curb or 1.52 m (5 ft.) from the
property line.
13) Roof signs shall not exceed 9.29 m2 (100 ft.2) and no portion of the sign shall extend
beyond the periphery of the roof on which it is located.
14) Fascia signs may be permitted provided that:
a) the total sign area does not exceed a ratio of 20% of the face building to which the
sign is attached;
b) it shall not project above the roof or marquee by more than .91 m (3 ft.).
15) Solid awnings containing advertising shall be treated as projecting signs. However, at the
discretion of the Development Authority the minimum height clearance from the sidewalk
may be relaxed.
16) Portable signs may be permitted provided that:
a) Maximum sign area shall not exceed 10.03 m2 (108 sq.ft.);
b) Maximum height shall not exceed 2.44 m (8 ft.);
c) The sign is not located in the sight triangle formed on a corner site by the two
street property lines and a straight line which intersects them 5.02 m (16.5 ft.)
from the corner where they meet;
d) The lighting of a mobile sign does not adversely affect residential sites and/or
traffic lights; and
e) A valid development permit has been obtained for signs to be in place for more
than 7 consecutive days.
17) For any sign which will overhang a sidewalk or other town property, the owner of the sign
shall:
a) Indemnify and hold harmless the Municipality for any claim related to the
construction and maintenance of the sign;
b) Furnish a public liability insurance policy of such an amount satisfactory to the
Council naming the Municipality as co-insured.
18) Small signs displayed for the discretion of convenience of the public, including signs which
identify rest rooms, freight, entrance, parking entrance or exit, or the like, not exceeding
0.5 m2 (5 sq. ft.) in area.
17. Site Development
The design, external finish, architectural appearance and landscaping generally of all buildings,
including any accessory buildings or structures and signs and any reconstruction shall be to the
satisfactions of the Development Officer / Municipal Planning Commission in order that these shall
be general conformity in such matters with adjacent buildings.
Removal of Topsoil
No person shall commence or continue the removal of topsoil without first obtaining a development
permit. Upon occupancy of the development, a minimum topsoil coverage of six inches shall be
provided, and the affected area shall be landscaped to the satisfaction of the Development Officer.
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Bylaw 632-2018 Land Use Bylaw
Drainage
1) At the discretion of the Development Authority, the applicant shall be required to grade a
parcel in such a manner that all surface water will drain from the building site to the back
lane and/or front street.
2) The Development Authority at its discretion may establish parcel and building elevation as
a development condition if it is felt that drainage will affect neighbouring parcels.
3) The Development Authority at its discretion may require the applicant to submit a storm
drainage plan, indicating how drainage will be managed on the site.
4) The Development Authority at its discretion may require the applicant to install a catch
basin or similar drainage system on site if it is felt that drainage will otherwise affect
neighbouring parcels.
18. Storage Structures
a) A storage structure shall meet the setback requirements for an accessory building in the
appropriate district;
b) A storage structure shall be for cold storage only and shall not be connected to utilities;
c) A storage structure shall be screened from view as required by the Municipal Planning
Commission and/ or may require exterior finishing to be in general conformance with the
principal building or surrounding development;
d) A storage structure shall not be permitted in residential areas or on parcels where the
primary land use is residential;
e) A storage structure shall not be used as a sign;
f)
A storage structure may be approved on a temporary basis during construction within any
land use district.
19. Subdivision of Land
1) A development requiring subdivision of land shall not be issued a development permit until
such time as subdivision approval has been received from the Subdivision Approving
Authority or upon appeal, the Municipal Government Board or the Subdivision and
Development Appeal Board.
20. Utilities
1) A development shall not be permitted if the development is not served by the public sewer
and water system or a provincially approved private system deemed acceptable by the
MPC.
2) A development shall not be permitted until satisfactory arrangements have been made by
the developer for the supply of water, electric power, sewerage and street access to the
development including payments of costs of installing or constructing any such utility or
facility by the developer.
3) A development in a Commercial / Industrial District may be required to install a trap drain
system.
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Bylaw 632-2018 Land Use Bylaw
Part VIII - Land Use District Maps
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Bylaw 632-2018 Land Use Bylaw
Part IX - Forms
The following forms are attached for information purposes and ease of access but do not form part of this Bylaw.
Form A
Application for a Development Permit
Form B
Application for a Development Permit (Home Occupation)
Form C
Stop Order / Order of Compliance
Form D
Land Use / Statutory Plan Amendment Application
Form E
Application for Subdivision or Development Appeal
Form F
Notice of Subdivision and Development Appeal Board Hearing
Form G
Notice of Decision on Application for a Development Permit
Form H
Notice of Decision of the Subdivision and Development Appeal Board
Form I
Time Extension Agreement for Development Permit
Form J
Application for a Demolition Permit
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Bylaw 632-2018 Land Use Bylaw
FORM A
APPLICATION FOR A DEVELOPMENT PERMIT
I / We hereby make application for a development permit under the provisions of the Land Use Bylaw
in accordance with the plans and supporting information submitted herewith which form part of this
application.
APPLICANT INFORMATION:
NAME:
PHONE NO:
ADDRESS:
REGISTERED OWNER OF LAND (if different from applicant):
NAME:
PHONE NO:
ADDRESS:
LOCATION OF PROPOSED DEVELOPMENT:
CIVIC ADDRESS:
LEGAL DESCRIPTION: Lot(s) _____________ Block ___________Plan No. ___________________
All / Part of the ______ 1/4 Section ______ Twp. ______ Range ______ West of 4th Meridian.
EXISTING USE OF PROPERTY:
LAND USE DISTRICT:
DETAILS OF DEVELOPMENT:
Proposed Use:
Property Line Setbacks: Front:________ Rear:_________ Side:__________ Side:___________
Height:
Floor Area:____________ Site Coverage: _____________%
Off-Street Parking Provided:____________________
Estimated Commencement:
Completion:
Interest Of Applicant If Not Owner Of Property:
Site Plan Attached:
Yes
No
Signature Of Applicant:
Date:
Signature Of Registered Owner:
______
Date:
NOTE: THIS IS NOT A BUILDING PERMIT (such permit must be obtained separately).
The applicant is not excused from complying with the requirements of any federal, provincial or other municipal legislation,
or the conditions of any easement, covenant, building scheme or agreement affecting the building or land.
IMPORTANT: SEE REVERSE SIDE
FOR ADMINISTRATIVE USE ONLY
Application #
Tax Roll #
Date Received
Application Fee
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Bylaw 632-2018 Land Use Bylaw
IMPORTANT NOTES:
1.
A Development Permit issued pursuant to the Land Use Bylaw for a discretionary use or where a
relaxation to the Land Use Bylaw requirements was approved shall not be valid until the lapse of
fourteen (21) days after the notice of decision to grant a permit has been advertised in accordance with
the Land use Bylaw requirements.
2.
A Development Permit issued pursuant to the Land Use Bylaw is not a Building Permit and work or
construction shall neither commence nor proceed until a Building Permit has been issued pursuant to
all applicable bylaws and regulations.
3.
If the development authorized by a Development permit is not commenced within twelve (12) months
from the date of its issue, and completed within twenty-four (24) months of the date of its issue, the
permit is deemed to be void unless an extension to this period shall first have been granted by the
Development Authority.
4.
When an appeal is made pursuant to the Land Use Bylaw a Development Permit which has been
granted shall not be valid. The decision of the Subdivision and Development Appeal Board shall
replace the previous decision.
5.
Every application for a Development Permit shall be made by submitting to the Development Officer the
prescribed form completed in duplicate, signed by the owner or his agent, and accompanied by the
following:
a)
if required by the Development Officer, building plans in duplicate, showing:
i)
floor plans;
ii)
elevations;
iii)
exterior finishing materials.
b)
site plans, in duplicate, showing:
i)
the legal description and municipal address;
ii)
dimensions of the site;
iii)
if required by the Development Officer, utilities, site drainage, finished lot grades,
the grades of the street and the location of proposed sewer and water lines of all
proposed and existing buildings and structures including retaining walls, trees,
landscaping and other features;
iv)
a surveyor's certificate if required by the Development Officer.
c)
an application for multiple family, commercial, industrial, recreational and institutional uses shall
show:
i)
loading and parking provisions;
ii)
access locations to and from the site;
iii)
garbage and storage areas and the fencing and screening proposed for same;
iv)
location and approximate dimensions of existing and proposed culverts and
crossings.
d)
such other information as the Development Officer may require or as required in the Land Use
Bylaw requirements.
e)
Development Permit Fee as determined by Council.
APPEAL PROCEDURE:
6.
An appeal of a decision of the Development Authority may be made by an affected person by serving
written notice of appeal to the Secretary of the Development Appeal Board of the Village of Delia within
twenty one (21) days after the notice of decision is given pursuant to the Land Use Bylaw notice
requirements (as per Section 1 above).
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Bylaw 632-2018 Land Use Bylaw
FORM B
APPLICATION FOR A DEVELOPMENT PERMIT
(HOME OCCUPATION)
I / We hereby make application for a development permit under the provisions of the Land Use Bylaw
in accordance with the plans and supporting information submitted herewith which form part of this
application.
APPLICANT INFORMATION:
NAME:
PHONE NO:
ADDRESS:
REGISTERED OWNER OF LAND (if different from applicant):
NAME:
PHONE NO:
ADDRESS:
LOCATION OF PROPOSED HOME OCCUPATION:
CIVIC ADDRESS:
LEGAL DESCRIPTION: Lot(s) _____________ Block ___________ Reg. Plan No.
___________________
All / Part of the ______ 1/4 Section ______ Twp. ______ Range ______ West of 4th Meridian.
EXISTING USE OF PROPERTY:
LAND USE DISTRICT:
DETAILS OF HOME OCCUPATION:
Details of Business:________________________________________________________________
________________________________________________________________________________
Details Of Equipment And Materials Used In Business: ____________________________________
________________________________________________________________________________
Details Regarding Storage Of Equipment/ Materials:_______________________________________
________________________________________________________________________________
Number Of Employees:________
Signage:______________________________________
The business is performed:
On-site
Off-site
Is the property used for office and administrative work only?
Yes
No
What part of the dwelling/ property is to be used for the business? __________sq. ft.
_____________%
Office
Accessory Building
Rear Yard
FOR ADMINISTRATIVE USE ONLY
Application #
Tax Roll #
Date Received
Application Fee NO CHARGE
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Bylaw 632-2018 Land Use Bylaw
Vehicle used in the Business: ________________________________________________________
Additional Information:_____________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Signature Of Applicant:
Date:
Signature Of Registered Owner:
_______
Date:
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Bylaw 632-2018 Land Use Bylaw
FORM C
STOP ORDER/ ORDER OF COMPLIANCE
ORDER NO. ____________
YOU ARE HEREBY NOTIFIED IN RESPECT OF THE DEVELOPMENT INVOLVING:
________________________________________________________________________________
__________________________________________________________
LOCATION OF DEVELOPMENT:
CIVIC ADDRESS:
LEGAL DESCRIPTION: Lot(s) _____________ Block ___________ Reg. Plan No.
___________________
All / Part of the ______ 1/4 Section ______ Twp. ______ Range ______ West of 4th Meridian.
THAT THIS DEVELOPMENT IS NOT IN ACCORDANCE WITH:
The Municipal Government Act, in respect to
________________________________________________________________________________
________________________________________________________________________________
The Land Use Bylaw, in respect to
________________________________________________________________________________
________________________________________________________________________________
Development Permit No.___________, in respect to
________________________________________________________________________________
________________________________________________________________________________
THEREFORE, pursuant to the Land Use Bylaw and the Municipal Government Act, you are hereby
ordered to:
Stop the Development
Demolish/ remove/ replace the development
Take the following measures
___________________________________________________________________________
___________________________________________________________________________
This order shall be complied with by ____________________________.
Failure or refusal to comply with this Order may result in the Council of the Village of Delia or a
person or persons appointed by it, entering upon the land or building and taking such action as is
necessary to carry out the Order. In such circumstances, the Council shall cause the costs incurred to
be placed on the tax roll, as an additional tax against the property concerned.
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Bylaw 632-2018 Land Use Bylaw
You may appeal this Order to the Subdivision and Development Appeal Board in accordance with the
provisions of the Land Use Bylaw. Such an appeal shall be made in writing and shall be delivered
personally or mailed so as to reach the secretary of the Subdivision and Development Appeal Board
at the Town Office within 14 days following the date of issue of this notice.
DATE OF ISSUE OF ORDER:___________________________________
SIGNATURE :__________________________________________________
(Development Control Officer)
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Bylaw 632-2018 Land Use Bylaw
FORM D
Land Use Bylaw/ Statutory Plan Amendment
Application Form
FOR OFFICE USE ONLY
Date received:
File Number
Date accepted as
complete:
Receipt Number:
Fee Paid:
OWNER AND APPLICANT INFORMATION
Name of Registered Owner :__________________________________________________________________________
Phone: Home /Cell:_________________________________ Address:_________________________________________
Work / Fax:_________________________________City:__________________________ Province____________
Email Address:____________________________________ Postal Code ___________________
Name of Agent Authorized to Act On Behalf of Registered Owner :_____________________________________________
Phone: Home /Cell: _________________________________ Address:__________________________________________
Work / Fax: _________________________________City:__________________________ Province____________
Email Address:____________________________________ Postal Code ___________________
LEGAL LAND DESCRIPTION
Qtr / LSD
Sec.
Twp.
Rge.
Meridian
Lot:
W 4th M
Block:
Plan:
MUNICIPALITY
LAND USE
Existing Use of Land
Agriculture
Other:
Residential
Commercial
Industrial
Recreational
Proposed Use of Land
Agriculture
Other:
Residential
Commercial
Industrial
Recreational
TO THE COUNCIL AND PALLISER REGIONAL MUNICIPAL SERVICES, PLEASE ACCEPT THIS APPLICATION TO:
Amend from ________________________________________ to ___________________________________
SIZE OF THE EXISTING PARCEL (S) _________________________________
PROPOSAL: _______________________________________________________________________________________
I / WE SUBMIT THE FOLLOWING IN SUPPORT OF MY/OUR APPLICATION: __________________________________
I / We certify that the information given on this form and attachments hereto are full and complete and are to the best of my/our
knowledge a true statement of the facts concerning this application, and I / we are the registered owner(s).
REGISTERED OWNER OR PERSON ACTING ON THE REGISTERED OWNER'S BEHALF
(Attach any additional information.)
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Bylaw 632-2018 Land Use Bylaw
I
hereby certify that
I am the registered owner, or
(Print Full Name)
I am the agent authorized to act on behalf of the registered owner
and that the information given on this form is full and complete and is, to the best of my knowledge, a true statement of
the facts relating to this application for subdivision.
Address
(Signed)
Phone No.
Date
RIGHT OF ENTRY
I hereby authorize representatives of Palliser Regional Municipal Services and referral agencies to enter my land for the
purpose of conducting a site inspection with respect to my subdivision application.
This right is granted pursuant to Section 653(2) of the Municipal Government Act.
Registered Owner's Signature
Further information may be provided by the Applicant on the reverse of this form.
PURPOSE OF THE PROPOSED AMENDMENT (Attach a detailed sketch if related to a specific parcel of land)
In the space below please provide a detailed summary of the purpose of your amendment application. Then attach a
detailed sketch that must show the location, dimensions, and boundaries of the proposed amendment in relation to
the existing title. The sketch should also show all buildings, structures and other improvements on the land, and
indicate if they are to remain or to be demolished; the location of any existing sewage disposal systems on the land, the
location of any wells, and the location of other features such as shelter belts, railways, creeks or other waterbodies, low
land, other significant natural features, and any rights of way.
THE FOLLOWING SHOULD ACCOMPANY THIS APPLICATION
1. A photocopy of the title for the property.
2. A non-refundable application fee made payable to Palliser Regional Municipal Services
THIS SECTION FOR OFFICIAL USE:
DECISION: Circulated (date) _______________________________
Public Hearing (date)____________________________
1st Reading of Bylaw No. _____________________ (date) __________________
2nd Reading of Bylaw No. _____________________ (date)__________________
The reasons for this decision are stated in the attached memorandum
Signed: _______________________________________________ Date: ______________________
(Authorized Officer of Approving Authority)
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Bylaw 632-2018 Land Use Bylaw
FORM E
APPLICATION FOR SUBDIVISION OR DEVELOPMENT APPEAL
APPLICANT INFORMATION:
NAME:
PHONE NO:
ADDRESS:
I/We hereby appeal the decision, order or permit issued by the Subdivision/
Development Authority with regard to:
APPLICATION NO.
Proposed Subdivision/ Development:
Reasons for Appeal:
Signature
Date
FOR ADMINISTRATIVE USE ONLY
Application #
Tax Roll #
Date Received
Application Fee
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Bylaw 632-2018 Land Use Bylaw
FORM F
NOTICE OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING
DEVELOPMENT PERMIT/ SUBDIVISION APPLICATION NO.
This is to notify you that an appeal has been made to the SUBDIVISION AND DEVELOPMENT
APPEAL BOARD against a decision in respect of Development Permit/ Subdivision Application No.
_____________which involves a development/ subdivision described as follows:
The decision of the Development Officer/Subdivision Authority was to:
APPROVE
APPROVE (with conditions)
REFUSE
the development permit/subdivision application, with the following conditions/for the following
reasons:
A Public Hearing of the Subdivision and Development Appeal Board has been scheduled, at which
point the Board will hear arguments both for and against the above noted appeal.
PLACE OF HEARING: ___________________________________________
TIME OF HEARING: ____________________________________________
DATE OF HEARING: ____________________________________________
Any person affected by the proposed development/subdivision has the right to present a written brief
prior to the hearing and to be present and be heard at the hearing. Persons submitting the written
briefs to the Secretary of the Subdivision and Development Appeal Board shall do so not later than
____________________________________.
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Bylaw 632-2018 Land Use Bylaw
FORM G
(For Office Use)
NOTICE OF DECISION ON APPLICATION FOR A DEVELOPMENT PERMIT
APPLICATION NO.:
APPLICANT INFORMATION:
NAME:
PHONE NO:
ADDRESS:
LOCATION OF PROPOSED DEVELOPMENT:
CIVIC ADDRESS:
LEGAL DESCRIPTION: Lot(s) _____________ Block ___________Plan No. ___________________
All / Part of the ______ 1/4 Section ______ Twp. ______ Range ______ West of 4th Meridian.
The Development as specified in Application No. ________________ has been:
APPROVED
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
Applicant to obtain Building Permit & Inspections from Palliser Regional Municipal Services
Municipal setback to be maintained as follows:
Feet from the boundary of the municipal road
Feet from the front boundaries
Feet from the side lot boundaries
Feet from the rear boundaries
Application to obtain Approved Plumbing and/or Sewage Disposal Permit from Palliser
Regional Municipal Services
Application to obtain Approved Electrical Permit & Inspection from Palliser Regional
Municipal Services
Application to obtain Approved Gas or Propane hook-up Permit & Inspection from
Palliser Regional Municipal Services
Other:
REFUSED FOR THE FOLLOWING REASON(S):
________________________
________________________________________
Date of Decision
Development Officer
Notice of Decision issued on the ______ day of _______________________, ___________.
NOTE:
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Bylaw 632-2018 Land Use Bylaw
A Development Permit issued pursuant to the Land Use Bylaw for a discretionary use or where
a relaxation to the Land Use Bylaw requirements was approved shall not be valid until the
lapse of fourteen (14) days after the notice of decision to grant a permit has been advertised in
accordance with the Land use Bylaw requirements. If an appeal is lodged pursuant to the
Municipal Government Act, a permit does not take effect until the Subdivision and
Development Appeal Board has determined the appeal.
APPEAL PROCEDURE:
An appeal of a decision of the Development Authority may be made by an affected person by
serving written notice of appeal to the Secretary of the Development Appeal Board of the
Village of Delia Subdivision and Development Appeal Board within fourteen (14) days after the
notice of decision is given pursuant to the Land Use Bylaw notice requirements.
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Bylaw 632-2018 Land Use Bylaw
FORM H
NOTICE OF DECISION OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD
APPLICATION/SUBDIVISION NO.:
This is to notify you that an appeal against the
APPROVAL
APPROVAL WITH CONDITIONS
REFUSAL
of a development permit/subdivision application with regard to the following:
was considered by the Subdivision and Development Appeal Board on _________________, and the decision of the
Subdivision and Development Appeal Board with regard to the appeal is as follows:
FINDINGS OF FACT:
DECISION:
REASONS:
________________________
_______________________________________
Date
Signature of Secretary of Subdivision
and Development Appeal Board
NOTE: A decision of the Subdivision and Development Appeal Board is final and binding on all parties and persons and
is subject only to an appeal upon a question of jurisdiction or law pursuant to Section 688 of the Municipal
Government Act. An application for leave to appeal the Appellate Division of the Supreme Court of Alberta shall
be made:
(a)
to a Judge of the Court of Appeal, and
(b)
within 30 days after the issue of the order, decision, permit or approval sought to be appealed.
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Bylaw 632-2018 Land Use Bylaw
FORM I
TIME EXTENSION AGREEMENT FOR DEVELOPMENT PERMIT
Memorandum of AGREEMENT made in duplicate this _______________ day of __________, 20____.
BETWEEN:
The Village of Delia
(hereinafter referred to as "the Village")
OF THE FIRST PART
-- and --
_________________________________
(hereinafter referred to as "the Developer")
OF THE SECOND PART
WHEREAS, the Developer wishes to develop those lands shown on the Application for a Development
Permit Number ____________________, and dated _____________ day of ____, 20__.
AND WHEREAS, the developer wishes to extend the time period for processing the development
application beyond the normal 40 day period.
AND WHEREAS, the Village has received Form A and agrees to extend the time period for processing
the development application as stipulated in the Municipal Government Act.
NOW THEREFORE THIS AGREEMENT WITNESSES AND THE PARTIES AGREE AS FOLLOWS:
The time period to process the development permit application is extended up to and including the
_________ day of _______________, 20____.
IN WITNESS WHEREOF, the Developer and the Village have caused to be hereto affixed their
respective Corporate Seals or signatures, the day and year first written above.
Village of Delia
Development Officer
Applicant for Development Permit
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Bylaw 632-2018 Land Use Bylaw
FORM J
APPLICATION FOR DEMOLITION PERMIT
Date of Application: ___________________________
1. REGISTERED LANDOWNER INFORMATION
Name(s): _______________________________________________________________ (Please Print)
Address: _________________________________________ Postal Code: _______________________
Telephone: (Res.): _________________ Work: _____________________ Cell: ___________________
APPLICANT OR PERSON AUTHORIZED TO ACT ON BEHALF OF THE REGISTERED OWNER
(If different than Registered Owner):
Name: __________________________________________________________________ (Please Print)
Address: _________________________________________Postal Code: _______________________
Telephone: (Res.) __________________Work: ____________________ Cell: ____________________
I hereby certify that the information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts relating to this application for development approval.
___________________________________ ____________________________________
Signature of Registered Owner(s) (Required)
Signature of Person acting on Behalf of Registered Owner(s)
2. LEGAL LAND DESCRIPTION
Plan: ______________ Block __________ Lot ______________
Civic Address of Proposed Demolition: _________________________
Existing Use: ____________________Land Use District (Zoning): ____________________________
Parcel Type (Check one) Interior Lot Corner Lot
Parcel Area: ___________________
3. GENERAL DETAILS
a) Description of structure(s) to be demolished _____________________________________________
b) Demolition materials removed to: Transfer Station Other (Please specify) ___________________
c) Estimated Cost of Project or Contract Price ______________________________
d) Estimated Commencement Date: ________________ Completion on or before: ________________
f) Contractor Name & Address: _______________________________________ Postal Code: ______________
4. ALBERTA BUILDING CODE GENERAL REQUIREMENTS FOR DEMOLITION:
1. Article 8.2.2.9: Services shall be shut off and gas and fuel lines shall be capped in a building being demolished.
2. Article 8.2.3.4: Portable fire extinguishers shall be installed and maintained in conformance with the requirements of
NFPA
10 'Standard for Portable Fire Extinguishers'. The minimum rating for this site is a 2A: 10-B:C on the truck.
3. Article 8.2.72: Waste material shall be removed as quickly as possible from the site by means of an appropriate
container.
4. Article 8.1.2.2: Where a building is undergoing demotion, precautions shall be taken to ensure that no person is
exposed to undue risk. If basement is not in -filled excavation must be protected with a six foot chain link enclosure
I agree to carry out this demolition work in conformance to all Village of Delia By-Laws and the Alberta Building Code.
Permission to do this work shall not relieve owners or agents from full responsibility for carrying out the work in strict
accordance with the Village of Delia By-Laws, the Alberta Building Code and other conditions of this permit.
Authorized Signature:___________________________________________________
- Please see reverse -
FOR ADMINISTRATIVE USE ONLY
Application #
Tax Roll #
Date Received
Application Fee
Page | 17
Bylaw 632-2018 Land Use Bylaw
PLEASE NOTE: It is the responsibility of the APPLICANT/CONTRACTOR to ensure that all meters and services
connected have been removed before demolition begins. Failure to do so could result in penalties being levied as per the
Village of Delia Land Use Bylaw.
A final inspection must be completed upon completion of the demolition. Please contact Palliser Regional Municipal
Services to arrange for an inspection.