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LAND USE
BYLAW
TOWN OF TURNER VALLEY
21-1114 | JUNE 2021
2
The Town of Turner Valley
Land Use Bylaw 21-1114
514 Windsor Ave NW
Turner Valley AB T0L 2A0
t: 403.933.4944
https://turnervalley.ca/
June 2021
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
3
TABLE OF CONTENTS
1.0
GENERAL ADMINISTRATION
8
1.1
SHORT TITLE
8
1.2
REPEAL OF BYLAW
8
1.3
DISTRICTS
8
1.4
USES AND REGULATIONS
8
1.5
COMPLIANCE WITH OTHER LEGISLATION
8
1.6
INTERPRETATION
8
1.7
METRIC STANDARDS
8
2.0
DEFINITIONS
10
2.1
A
10
2.2
B
11
2.3
C
12
2.4
D
14
2.5
E
15
2.6
F
16
2.7
G
16
2.8
H
17
2.9
I
18
2.10
K
19
2.11
L
19
2.12
M
20
2.13
N
21
2.14
O
21
2.15
P
22
2.16
Q
24
2.17
R
24
2.18
S
25
2.19
T
28
2.20
U
28
2.21
V
29
2.22
W
29
2.23
Y
29
3.0
ADMINISTRATIVE REQUIREMENTS & AUTHORITY
32
3.1
DEVELOPMENT PERMITS
32
3.1.1
DEVELOPMENTS REQUIRING A DEVELOPMENT PERMIT
32
3.1.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
32
3.1.3
DEVELOPMENT AGREEMENT
34
3.2
APPLICATION FOR DEVELOPMENT PERMIT
34
3.2.1
INFORMATION REQUIRED FOR A DEVELOPMENT APPLICATION
34
3.2.2
DEVELOPMENT APPLICATIONS DEEMED COMPLETE
35
3.2.3
DEVELOPMENT APPLICATIONS DEEMED INCOMPLETE
36
3.3
DECISION PROCESS
36
3.3.1
DECISIONS ON PERMITTED & DISCRETIONARY USES
36
3.3.2
VARIANCES
37
3.3.3
ISSUANCE & NOTIFICATION OF DEVELOPMENT PERMIT
38
3.3.4
DEVELOPMENT PERMIT RE-APPLICATION
39
3.3.5
EXPIRY OF A DEVELOPMENT PERMIT
39
3.4
APPEALING A DECISION
39
3.4.1
PERMIT DEEMED REFUSED
39
3.4.2
RIGHT OF APPEAL
39
3.4.3
APPEAL PROCESS
40
3.4.4
PUBLIC HEARING
40
3.4.5
COURT OF APPEAL
41
3.5
APPLICATION FOR SUBDIVISION
42
3.5.1
REQUIREMENTS
42
TOWN OF TURNER VALLEY LAND USE BYLAW
4
3.6
DECISION ON SUBDIVISION APPLICATIONS
44
3.6.1
PROCESSING
44
3.6.2
NOTICE
44
3.6.3
TIMEFRAME
44
3.6.4
DECISIONS
45
3.6.5
ENDORSEMENT & CONDITIONS MET
45
3.6.6
REGISTRATION
45
3.7
APPEALS ON SUBDIVISION DECISIONS
45
3.7.1
THE MGA SPECIFIES WHO MAY FILE AN APPEAL:
45
3.8
DUTIES & RESPONSIBILITIES OF ADMINISTRATIVE AGENCIES
46
3.8.1
DEVELOPMENT OFFICER
46
3.8.2
MUNICIPAL PLANNING COMMISSION
46
3.8.3
SUBDIVISION & DEVELOPMENT APPEAL BOARD
46
3.8.4
DEVELOPMENT REFERRALS
47
3.9
FORMS, NOTICES & FEES
47
3.10
ENFORCEMENT
47
3.10.1
RIGHT OF ENTRY
47
3.10.2
CONTRAVENTION
47
3.10.3
OFFENSES & PENALTIES
48
3.11
BYLAW AMENDMENT PROCESS
48
3.11.1
APPLICATION AMENDMENT PROCESS
48
3.11.2
PLANS & INFORMATION REQUIREMENTS
49
4.0
GENERAL LAND USE REGULATIONS & PROVISIONS
52
4.1
GENERAL LAND USE REGULATIONS
52
4.1.1
SITE DIMENSIONS
52
4.1.2
SPECIAL SETBACK REQUIREMENTS
52
4.1.3
SETBACK & DEVELOPMENT ON LANDS SUBJECT TO FLOODING OR NEAR SLOPES
53
4.1.4
DEVELOPMENT IN THE VICINITY OF PRIMARY & SECONDARY HIGHWAYS
55
4.1.5
UTILITIES
55
4.1.6
ACCESSORY BUILDINGS
55
4.1.7
LANDSCAPING, RETAINING WALLS & FENCING
56
4.1.8
OUTSIDE STORAGE & GARAGE STORAGE
56
4.1.9
TEMPORARY CAMPING
57
4.1.10
SPECIAL EVENTS
57
4.1.11
TELECOMMUNICATION ANTENNA STRUCTURES
57
4.1.12
RELOCATION OF BUILDINGS
57
4.1.13
NON-CONFORMING USES & BUILDINGS
58
4.1.14
DRAINAGE
59
4.1.15
CONTROLLED APPEARANCE
59
4.1.16
DEMOLITION OF BUILDINGS
59
4.1.17
CHILD CARE FACILITIES
59
4.1.18
CANNABIS RELATED USES
60
4.1.19
SHIPPING CONTAINERS
61
4.1.20
BREWERIES, DISTILLERIES, AND/OR WINERIES
61
4.1.21
RESTRICTED LIVESTOCK GRAZING
61
5.0
ESTABLISHMENT OF LAND USE DISTRICTS
64
5.1
LAND USE DISTRICTS
64
5.2
DISTRICTS
64
5.3
LAND USE MAP
64
5.3.1
GENERAL
64
6.0
RESIDENTIAL DISTRICTS
68
6.1
GENERAL RULES FOR RESIDENTIAL DISTRICTS
68
6.1.1
SPECIAL REQUIREMENTS
68
6.1.2
DWELLING UNITS ON SITE
68
6.1.3
COMPREHENSIVE RESIDENTIAL DEVELOPMENT REQUIREMENTS
68
6.1.4
HOME OCCUPATIONS
69
6.1.5
BED & BREAKFAST ACCOMMODATION
70
6.1.6
OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT
70
6.1.7
SECONDARY SUITES
71
6.1.8
GROUP HOMES
72
6.2
RESIDENTIAL SINGLE DETACHED DISTRICT (R-1) LAND USE
73
6.2.1
PURPOSE & INTENT
73
TOWN OF TURNER VALLEY LAND USE BYLAW
5
6.2.2
PERMITTED & DISCRETIONARY USES
73
6.2.3
GENERAL REQUIREMENTS
74
6.2.4
MINIMUM REQUIREMENTS
74
6.2.5
MAXIMUM LIMITS
75
6.2.6
EXCEPTIONS
75
6.3
RESIDENTIAL TWO DWELLING DISTRICT (R2) LAND USE RULES
76
6.3.1
PURPOSE & INTENT
76
6.3.2
PERMITTED & DISCRETIONARY USES
76
6.3.3
GENERAL REQUIREMENTS
77
6.3.4
MINIMUM REQUIREMENTS
77
6.3.5
MAXIMUM LIMITS
78
6.3.6
SPECIAL REQUIREMENTS
79
6.3.7
EXCEPTIONS
79
6.4
RESIDENTIAL MULTI-UNIT DISTRICT (R3) LAND USE RULES
80
6.4.1
PURPOSE & INTENT
80
6.4.2
LIST OF PERMITTED & DISCRETIONARY USES
80
6.4.3
GENERAL REQUIREMENTS
81
6.4.4
MINIMUM REQUIREMENTS
81
6.4.5
MAXIMUM LIMITS
82
6.4.6
LANDSCAPING REQUIREMENTS
83
6.4.7
CONTROLLED APPEARANCE
83
6.4.8
OTHER REQUIREMENTS
83
6.5
RESIDENTIAL RURAL DISTRICT (RR) LAND USE RULES
84
6.5.1
PURPOSE & INTENT
84
6.5.2
LIST OF PERMITTED & DISCRETIONARY USES
84
6.5.3
GENERAL REQUIREMENTS
84
6.5.4
MINIMUM REQUIREMENTS
85
6.5.5
MAXIMUM LIMITS
86
6.5.6
EXCEPTIONS
86
7.0
COMMERCIAL DISTRICTS
88
7.1
GENERAL RULES FOR COMMERCIAL DISTRICTS
88
7.1.1
CONTROLLED APPEARANCE
88
7.1.2
PARKING
88
7.1.3
SCREENING
88
7.1.4
UTILITIES
88
7.1.5
MIXED USE RESIDENTIAL COMMERCIAL
89
7.1.6
GAS BARS & S
89
7.1.7
OUTSIDE STORAGE
89
7.1.8
OTHER REQUIREMENTS
89
7.1.9
DRIVE-THROUGH FACILITIES
89
7.2
CENTRAL BUSINESS DISTRICT (CB) LAND USE RULES
91
7.2.1
PURPOSE & INTENT
91
7.2.2
LIST OF PERMITTED & DISCRETIONARY USES
91
7.2.3
GENERAL REQUIREMENTS
92
7.2.4
MINIMUM REQUIREMENTS
92
7.2.5
MAXIMUM LIMITS
93
7.2.6
LANDSCAPING
93
7.2.7
EXCEPTIONS
93
7.3
HIGHWAY COMMERCIAL DISTRICT (CHWY) LAND USE RULES
94
7.3.1
PURPOSE & INTENT
94
7.3.2
LIST OF PERMITTED & DISCRETIONARY USES
94
7.3.3
GENERAL REQUIREMENTS
95
7.3.4
MINIMUM REQUIREMENTS
95
7.3.5
MAXIMUM LIMITS
96
7.3.6
LANDSCAPING
96
7.3.7
SETBACKS
96
8.0
INDUSTRIAL DISTRICTS
99
8.1
GENERAL RULES FOR INDUSTRIAL DISTRICTS
99
8.1.1
SPECIAL REQUIREMENTS
99
8.1.2
VEHICLE STORAGE
99
8.1.3
MINI-STORAGE WAREHOUSES
99
8.1.4
OTHER REQUIREMENTS
99
8.2
LIGHT INDUSTRIAL DISTRICT (I1) LAND USE RULES
100
8.2.1
PURPOSE & INTENT
100
TOWN OF TURNER VALLEY LAND USE BYLAW
6
8.2.2
LIST OF PERMITTED & DISCRETIONARY USES
100
8.2.3
GENERAL REQUIREMENTS
101
8.2.4
MINIMUM REQUIREMENTS
101
8.2.5
MAXIMUM LIMITS
101
8.2.6
LANDSCAPING
102
8.3
GENERAL INDUSTRIAL DISTRICT (I2) LAND USE RULES
103
8.3.1
PURPOSE & INTENT
103
8.3.2
LIST OF PERMITTED & DISCRETIONARY USES
103
8.3.3
GENERAL REQUIREMENTS
104
8.3.4
MINIMUM REQUIREMENTS
104
8.3.5
MAXIMUM LIMITS
104
8.3.6
LANDSCAPING
105
9.0
OPEN SPACE DISTRICTS
107
9.1
URBAN RESERVE DISTRICT (UR) LAND USE RULES
107
9.1.1
PURPOSE & INTENT
107
9.1.2
LIST OF PERMITTED & DISCRETIONARY USES
107
9.1.3
GENERAL REQUIREMENTS
108
9.1.4
MINIMUM REQUIREMENTS
108
9.1.5
MAXIMUM LIMITS
108
9.1.6
EXCEPTIONS
108
9.1.7
SPECIAL REQUIREMENTS
110
9.2
PUBLIC SERVICE DISTRICT (PS)
111
9.2.1
PURPOSE & INTENT
111
9.2.2
LIST OF PERMITTED & DISCRETIONARY USES
111
9.2.3
GENERAL REQUIREMENTS
111
9.2.4
MINIMUM REQUIREMENTS
111
9.2.5
LANDSCAPING
111
9.2.6
MAXIMUM LIMITS:
111
10.0 DIRECT CONTROL DISTRICTS
113
10.1
DIRECT CONTROL DISTRICT (DC) LAND USE RULES
113
10.1.1
PURPOSE & INTENT
113
10.1.2
LIST OF PERMITTED & DISCRETIONARY USES
113
10.1.3
GENERAL REQUIREMENTS
113
10.1.4
GENERAL PROCEDURES
113
10.1.5
LAND DESIGNATED DIRECT CONTROL
113
11.0 PARKING REGULATIONS
115
11.1
PARKING & LOADING FACILITIES
115
11.1.1
PARKING REQUIREMENTS
115
11.1.2
LOADING REQUIREMENTS
115
11.1.3
GENERAL REQUIREMENTS
116
11.1.4
PARKING SPACE DIMENSIONS
117
12.0 SIGN CONTROL
119
12.1
GENERAL REQUIREMENTS
123
12.1.1
GENERAL REQUIREMENTS
123
13.0 EXISTING CONTROLS & DATE OF COMMENCEMENT
126
SCHEDULE A:
DIRECT CONTROL BYLAWS
127
DC-1
128
DC-3
130
DC-4
134
DC-5
137
DC-6
140
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
GENERAL ADMINISTRATION
7
1.0
GENERAL ADMINISTRATION
8
1.1
SHORT TITLE
8
1.2
REPEAL OF BYLAW
8
1.3
DISTRICTS
8
1.4
USES AND REGULATIONS
8
1.5
COMPLIANCE WITH OTHER LEGISLATION
8
1.6
INTERPRETATION
8
1.7
METRIC STANDARDS
8
ADMINISTRATION &
AUTHORITY
PART 1
TOWN OF TURNER VALLEY LAND USE BYLAW
8
1.0
GENERAL ADMINISTRATION
1.1
SHORT TITLE
This Town of Turner Valley Land Use Bylaw shall be referred to hereafter as this Bylaw.
1.2
REPEAL OF BYLAW
Bylaw No. 03-869 and all amendments thereto are hereby repealed and shall cease to
have effect on the day this Bylaw is adopted.
1.3
DISTRICTS
The Town is divided into districts and the boundaries of those districts are shown on the
Land Use Map which is included as Figure 3 of this Bylaw.
1.4
USES AND REGULATIONS
Except as otherwise permitted in this Bylaw, development and subdivision in each
district shall be in accordance with the uses listed in the district for the site on which it is
proposed and the regulations and guidelines of this Bylaw.
1.5
COMPLIANCE WITH OTHER LEGISLATION
In addition to this Bylaw, an applicant is responsible for complying with any federal,
provincial, or municipal legislation, including any Development Agreement or
Development Permit. The applicant is also responsible for complying with the conditions
of any easement or covenant which affects the development or subdivision.
1.6
INTERPRETATION
Notwithstanding the terms provided within, the Municipal Government Act [MGA] and
its amendments take precedence in case of dispute on the meanings of all terms or
phrases.
1.7
METRIC STANDARDS
In this Bylaw approximate Imperial equivalents are indicated in brackets following the
Metric requirements. The Imperial figures are provided for information only and in all
cases the Metric figures shall govern.
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
DEFINITIONS
9
2.0
DEFINITIONS
10
2.1
A
10
2.2
B
11
2.3
C
12
2.4
D
14
2.5
E
15
2.6
F
16
2.7
G
16
2.8
H
17
2.9
I
18
2.10
K
19
2.11
L
19
2.12
M
20
2.13
N
21
2.14
O
21
2.15
P
22
2.16
Q
24
2.17
R
24
2.18
S
25
2.19
T
28
2.20
U
28
2.21
V
29
2.22
W
29
2.23
Y
29
DEFINITIONS
PART 2
TOWN OF TURNER VALLEY LAND USE BYLAW
10
2.0
DEFINITIONS
In this Bylaw, and any amendments made hereto, unless the content otherwise requires, the
interpretation set out in the following subsections shall be used.
2.1
A
"Abattoir" means the use of land, or building, in which animals are slaughtered and may
include the packing, treating, storing and sale of the product.
"Accessory building" means a building which does not accommodate the principal use
of a site and which is not attached above grade to a principal building. This use class
includes private garages and private tennis courts;
"Accessory use" means a use which is subordinate or incidental to the principal use of
the site;
"Agricultural related business" means a development used for the retail sale, repair
and maintenance of new or used agricultural equipment or other agricultural supply
businesses;
"Apartment" means a building containing three (3) or more dwelling units having
common corridors and stairways and having shared exit and entrance facilities;
"Arts or crafts studio" means a development for which the principal use is the creation of
works of art or instruction in art and may include sales of works of art as an ancillary use.
Uses may include literary, visual, craft, design, and interdisciplinary and performance
arts studios;
"Assisted living homes" means a multi-unit residential development where living
arrangements with personal care services provided such as meals, housekeeping,
transportation, and assistance with daily activities, available on an as needed basis. This
use shall comply with all relevant provincial regulations;
"Auctioning services" means a use specifically intended for the auctioning of goods
and equipment sold by bids from an audience through an auctioneer, and do not
include live animals, large vehicles, passenger vehicles, recreational vehicles, motorized
equipment or equipment intended to be pulled by a motorized vehicle. The use can
be contained entirely within or outside the building, and includes temporary storage of
such goods and equipment for auction;
"Automotive sales and rentals" means a development used for the sale or rental of
new or used automobiles, motorcycles, snowmobiles, tent trailers, boats, travel trailers
or similar light recreational vehicles or crafts, together with incidental maintenance
services and sale of parts. This use includes incidental storage or vehicles, automobile
dealerships, rental agencies and motorcycle dealerships and does not include
dealerships for the sale of automotive products with a gross vehicle weight rating of
5500 kg or greater;
TOWN OF TURNER VALLEY LAND USE BYLAW
11
"Automotive services" means a development used for the servicing, repair, and painting
of motor vehicles, and includes facilities such as alignment shops, auto-body paint
shops, muffler shops, transmission repair shops, rust proofing shops, and tire sales. This use
does not include automotive sales and rentals, car washing establishments or service
stations;
2.2
B
"Balcony" means an elevated platform projecting from a wall with no support from the
ground, having an outer railing or parapet and being greater than 0.61 m (2.00 ft.) in
width;
"Basement" means that portion of a building between two floor levels which is partly
underground and has not more than one half of its height from finished floor to finished
ceiling above finished grade;
"Bed and breakfast accommodation" means an accessory use in a dwelling in which
rooms are provided with or without meals for pay, for the traveling or vacationing
public;
"Bottle depot" means a facility used to receive, warehouse and transport refundable
beverage and other like containers for purposes of recycling;
"Breweries, distilleries, and/or wineries" means a development licensed by the Alberta
Gaming and Liquor Commission (AGLC) where beer, spirits, wine or other alcoholic
beverages are manufactured and may include the storage, packaging, bottling,
canning, and shipping of products manufactured within the premises. This use includes
the following;
a) Sale of alcoholic beverages manufactured on the premises to the public
for consumption within the premises;
b) Private hospitality area where products manufactured on premise are
provided to private groups for tasting and consumption;
c) Associated offices;
d) Limited accessory retail sales of products or merchandise directly
associated with the principal use;
e) May be combined with eating establishment, drinking establishment or
retail store when one of these uses is also a listed use in the same district
as a brewery, distillery, and winery;
"Buffer" means a row of trees, shrubs, earth berm or fencing to provide visual screening
and separation between sites and districts;
"Building" includes anything constructed or placed on, in, over or under land but does
not include a highway or public roadway;
"Building supply centres" means a commercial retail store where building materials,
household accessories and other related goods are stored, offered, or kept for sale and
may include outside storage;
"Bulk fuel storage and distribution facility" means a development for the purpose of
storing natural gas and petroleum products for distribution to customers;
TOWN OF TURNER VALLEY LAND USE BYLAW
12
"Business support services" means a use which provides support services to businesses
which are characterized by one or more of the following features: the use of minor
mechanical equipment for printing, duplicating, binding or photographic processing;
the provision of office security; and the repair or servicing of office equipment and
machines. Typical uses include printing establishments, film processing establishments,
janitorial firms and business equipment repair shops;
2.3
C
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined in the Cannabis Act (Canada)
and its regulations and any amendments and includes edible products that contain
cannabis;
"Cannabis accessory" means a thing that is commonly used in the consumption or
production of cannabis. A cannabis accessory includes, but is not limited to, rolling
papers, or wraps, holders, pipes, water pipes, bongs vaporizers that is represented to be
used in the consumption of cannabis;
"Cannabis counselling" means a service where counselling on cannabis is provided by
persons who are not medical professionals;
"Cannabis consumption establishment" means a use where the primary purpose is the
sale of cannabis to the public, for consumption within the premise that is authorized
by provincial or federal legislation. This use does not include cannabis production and
distribution facilities or retail cannabis stores;
"Cannabis production and distribution facility" means a development where any of
the following activities occur, excepting personal use exemptions as defined in the
Act to Control and Regulate Cannabis and its regulations, and any amendments or
substitutions thereof:
a) The processing of cannabis;
b) The making, testing, manufacturing, assembling, or in any way altering
the chemical or physical properties of semi-finished or finished goods and
products related to cannabis;
c) The storage, warehousing, and/or transportation of cannabis; and
d) Distribution and wholesale of materials, goods and products to retail
cannabis stores.
e) This use does not include a retail cannabis store or a cannabis
consumption establishment.
"Canopy" means a non-retractable solid projection extending from the wall of the
building intended to be used as a protection against weather, other than normal
architectural features such as lintels, sills, moldings, architraves and pediments, but
includes the structure known as the theatre marquee and is to be considered part of
the principal building and is considered part of the building to which it is attached;
"Car washing establishment" means a facility for the washing, cleaning, or polishing of
motor vehicles;
TOWN OF TURNER VALLEY LAND USE BYLAW
13
"Child care facility" means the use of a building or portion thereof for the provision of
care, maintenance, instruction or supervision of seven (7) or more children under the
age of 13 years, by persons other than one related by blood or marriage, for periods not
exceeding twenty four (24) consecutive hours and includes all day-care centers, early
childhood services, nurseries and after-school or baby-sitting programs which meet this
definition. A provincial license is required to operate a child care program. A child care
facility may be operated as an ancillary use within a religious institution;
"Community buildings and facilities" means buildings and facilities which are available
for the use and enjoyment to the inhabitants of the Municipality and the rural area for
the purposes of assembly, culture and recreational activity;
"Completed" means that all components of the development including but not limited
to:
a) Exterior finish materials including roofing (i.e. asphalt shingles), siding (i.e.
vinyl siding, stucco etc.), soffit, fascia, eavestrough and parging,
b) On site servicing,
c) Off-site improvements,
d) Parking, and
e) Landscaping;
Have been installed to a standard satisfactory to the Development Authority;
"Comprehensive residential development" means two (2) or more buildings each
containing one or more dwelling units, located on a site or a number of adjoining
sites where all buildings, recreation areas, vehicular areas, landscaping and all other
features have been planned as an integrated development. A comprehensive
residential development continues to be considered a comprehensive residential
development for purposes of this Bylaw in the event the comprehensive residential
development is subdivided under either a bare land condominium, building
condominium or both;
"Convenience store" means a retail store in which articles for sale comprise a limited
range of primarily food items such as milk, bread, soft drinks, ice cream, canned and
bottled goods, snacks and candy, and meat. To complement such items, articles
for sale may include the limited sale of magazines, books and records, housewares,
toiletries, stationary and tobacco products. This use class does not include retail
cannabis stores;
"Corner" means the intersection of the side and front property lines;
"Council" means the Council of the Town of Turner Valley;
"Coverage of site" means the combined area of all buildings or structures on a site,
including accessory buildings over 10 m2 (107.6 sq ft.) measured at;
a) A point at grade directly below the outside surface of the exterior walls or
roof; or
b) The floor of the structure at the first floor level.
This includes projections less than 2.5 m (8 ft) above finished grade, examples
include but are not limited to;
a) Decks and balconies,
b) Open and closed in and covered porches and verandas,
TOWN OF TURNER VALLEY LAND USE BYLAW
14
c) Covered terraces and,
d) Other spaces within a building;
Coverage of site does not include the following;
a) Steps,
b) Eaves,
c) Cornices and similar projections,
d) Unenclosed inner and outer courts,
e) Decks, balconies and patios which are less than 0.6 m (2 ft) above grade
and,
f)
The percentage of a parcel of land which is covered by driveways, aisles,
surface parking spaces, landscaped areas, decks, exterior storage and or
swimming pools;
"Crematorium" means a development where the primary use is the incineration of the
deceased, and collection of ashes for interment, within one (1) or more cremation
chambers. This use may include the preparation of the deceased for burial, preparation
of funeral service, and a facility for the viewing of the deceased. This use does not
include providing funeral services;
2.4
D
"Deck" means an unenclosed flat-floored roofless area adjoining a principal building or
built as a structural part of it with a floor surface more than 0.3 m (1.00 ft.) above grade
and is considered part of the building to which it is attached;
"Development" means:
a) An excavation or stockpile and the creation of either of them, or
b) A building or an addition to, or replacement or repair of a building and
the construction or placing in, on, over or under land of any of them, or
c) A change of use of land or a building or an act done in relation to land
or a building that results in or is likely to result in a change in the use of the
land or building, or
d) A change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use of the land or building;
"Development Authority" means the person or persons delegated by the authority to
exercise development powers and duties on behalf of the Municipality pursuant to the
Municipal Government Act (MGA);
"Development Officer" means the official or officials of the Municipality appointed
by council to act as a Development Authority with the responsibility of receiving,
considering and deciding on applications for development under this Land Use Bylaw;
"Development permit" means a certificate or document permitting a specified
development and includes where applicable, a plan or drawing or a set of plans or
drawings, specifications or other documents. This permit is separate and distinct from a
building permit;
TOWN OF TURNER VALLEY LAND USE BYLAW
15
"Discretionary use" means a use of land or of a building which is listed in the Land Use
Rules section for each district as "Discretionary Uses" and for which, subject to the
provisions of this Bylaw, a development permit may be issued;
"Drinking establishment" means an establishment, licensed by the Alberta Liquor Control
Board, in which alcoholic beverages are served for consumption on the premises, and
any preparation or serving of food is accessory thereto, and includes a licensed lounge
that is ancillary to a restaurant;
"Drive-through facilities" means a development that is accessory to the principal use,
where services are provided to patrons who are in a motor vehicle and includes a drive
through window, queuing lanes and may have outdoor speakers provided. Principal
uses include use categories such as financial institutions and restaurants.
"Driveway" means an area that accommodates vehicular access from a garage, car
port or other parking area, to a private or public roadway;
"Duplex dwelling" means a building designed and built for one dwelling unit placed
over the other, or containing two dwelling units side-by-side, where each dwelling unit
has its own separate entrance, and where dwelling units are separated by a firewall.
Side-by-side dwelling units are also often referred to as semi-detached dwellings;
"Dwelling accommodation" means one or more dwelling units in a building or on a site
which also contains non-residential uses;
"Dwelling unit" means a set or a suite of rooms used as a residence by one or more
persons, and contains a kitchen, living, sleeping and sanitary facilities;
2.5
E
"Easement" means a right to use land generally for access to other property or as a
right-of-way for a public utility;
"Entertainment establishment" means a development where indoor entertainment is
provided to the public, either exclusively or in combination with other activities, and
may include live/dinner theater, a theater/cinema, or a bowling alley, and does not
include amusement arcades or bingo or casino facilities;
"Entrance" means the main access point to a site or building that is generally oriented to
the main street and serves a point of entry function;
"Environmental reserve" means land specified to be environmental reserve or
environmental reserve easement by the Subdivision Authority pursuant to the Municipal
Government Act (MGA);
"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;
TOWN OF TURNER VALLEY LAND USE BYLAW
16
2.6
F
"Fence" means a vertical physical barrier constructed to provide visual screening or to
prevent unauthorized access;
"Financial institution" means a bank, trust company, credit union, or similar
establishment;
"Flood fringe" means the area in the flood risk area where floodwaters are shallower and
move more slowly. Development in the flood fringe may be permitted provided that it is
adequately flood-proofed;
"Flood risk area" means the area which would be inundated by a 1:100 flood, or which
has a 1% chance of being equaled or exceeded in any year;
"Floodway" means the area in the flood risk area with the greatest risk. Floodway waters
are the deepest and most destructive. New structures and development prone to flood
damage are not permitted;
"Floor area" means the gross floor area defined by the outside dimensions of the building
for each floor from the centre line of a firewall or walls in the case of a building bay;
"Food processing and packaging" means a development other than a specialty food
store, or restaurant, in which agricultural products are prepared, processed, preserved,
packaged, graded or stored for eventual human consumption and includes services
such as a flour mill, a bakery production facility, an egg grading station, but does not
include an abattoir or any premises used for the slaughtering of animals or the boiling
of blood, tripe or bones. These operations are intended to primarily use agricultural
products that are produced on site and shall have minimal off-site impacts such as such
as noise, odour, surface or groundwater pollutants, earthborne vibrations, heat, or high
brightness light sources;
"Four-plex" means a single building comprised of four dwelling units with each unit
having direct entrance from outside;
"Funeral home" means a use or development where the principal use is to arrange and
provide funeral services and the preparation of the deceased for burial or cremation
but does not include a crematorium;
2.7
G
"Garage" means a private accessory building designed and used for storage of motor
vehicles and includes a carport;
"Garden centre" means a development providing for the retail sale of bedding,
household and ornamental plants, and associated merchandise, and may include
display gardens. This use does not include on-site outdoor cultivation or propagation
of plants. This use does not include retail cannabis stores or cannabis production and
distribution facilities;
"Gas bars" means premises used or intended to be used for the sale of fuel, lubrication
oils and associated automotive fluids only. This use class does not include service
stations;
TOWN OF TURNER VALLEY LAND USE BYLAW
17
"Grade"
a) In residential districts means the average elevation of the natural or
finished level of the ground adjoining a building at all exterior walls;
b) In all other districts means the elevation, established by the Municipal
Engineer, of the crown of the abutting street. In the event that two grades
are involved, the average of the two shall be used as the grade for the
site;
"Gross floor area" means the total floor area of each floor of a building excluding the
basement measured to the outside surface of the exterior walls or, where buildings are
separated by firewalls, to the centre line of the common firewall;
"Group home" means a development consisting of the use of a building as a facility
which is authorized by a public authority to provide room and board for three (3)
residents or more, exclusive of staff or the receiving household, for foster children or
disabled persons, or for persons with physical, mental, social or behavioral problems,
and which may be for the personal rehabilitation of its residents either through self
help or professional care, guidance and supervision. The residential character of
the development shall be primary, with the occupants living together as a single
housekeeping group and using cooking facilities shared in common. This does not
include extended medical treatment services such as drug and alcohol addiction
treatment centers' or correctional group homes used as custodial facilities.
2.8
H
"Habitable floor area" means the total area used for habitation including kitchen,
bathroom, hallway, bedrooms, living room, stairways and closets;
"Height" means, when used with reference to a building or structure, the vertical
distance measured from grade level to the highest point of a building or structure,
excluding a roof stairway entrance, elevator shaft, a ventilating fan, a skylight, a
steeple, a chimney, a smoke stack, a fire wall or parapet wall, a flag pole, antenna or
similar device not structurally essential to the building. In the case of sites with varying
grades, the average of the four corners of the building may be used to calculate
building height;
"Home occupation" means a commercial use within a residential building which is
incidental and subordinate to the principal residential use of the building and meets the
special requirements of this Bylaw. This use does not include automotive related uses,
cannabis consumption establishments, cannabis production and distribution facilities,
kennels, or retail cannabis stores;
Home occupations are divided into two categories:
a) Minor - home occupations are those which do not employ any person
outside of the home, nor generate traffic uncharacteristic of the area, nor
extend beyond the confines of the residential unit, and
b) Major - home occupations are those which may utilize accessory buildings,
employ up to two persons and may not generate traffic uncharacteristic
to the neighbourhood or visible outside storage;
TOWN OF TURNER VALLEY LAND USE BYLAW
18
"Hotel" means a building used primarily for sleeping accommodations and ancillary
services provided in rooms or suites of rooms which may contain bar/kitchen facilities;
the building may also contain commercial or other uses and may or may not offer
such additional services as party facilities, restaurant or dining room services, or public
convention facilities;
2.9
I
"Industrial use, minor" means a use where all of the processes and functions associated
with the use are contained within a fully enclosed building and where no dust or
vibration is seen or felt outside of the building containing the use. This use may involve
one or more of the following activities:
a) The manufacturing, fabricating, processing, assembly or disassembly of
raw, and or finished materials, projects and or equipment, provided live
animals are not involved in any aspect of the operation;
b) The cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial or commercial businesses
or the cleaning, servicing and repair of goods and equipment associated
with household use, where such operations have impacts that would
typically make them incompatible in non-industrial land use districts;
c) The offices or workshops of contractors engaged in either building trades
and services, or road and utility construction;
d) The storage or trans-shipping of materials, goods and equipment;
e) The crushing, dismantling, sorting or processing of discarded goods,
provided these activities do not involve chemicals or the application of
heat;
f)
The warehousing, shipping, and distribution and sale of materials, goods
and equipment to institutions or industrial and commercial businesses for
their direct use or to general retail stores or other sales use classes defined
in this Bylaw for resale to individual customers; provided the gross floor
area of the warehouse is less than 20,000 square meters
g) Dismantling and separating into parts of any article, machinery or vehicle;
h) The analysis, researching, development or testing of materials or
substances in a laboratory;
i)
The repair, service or refurbishment of furniture, electronic equipment and
appliances that are used in the home;
"Industrial use, major" means a use where part or all of the processes and functions
associated with the use are located outside of a building and where dust or vibration
may be seen or felt beyond the parcel containing the use. This use may involve one or
more of the following activities:
a) The manufacturing, fabricating, processing, assembly or disassembly of
raw, and or finished materials, projects and or equipment, provided live
animals are not involved in any aspect of the operation;
b) The cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial or commercial businesses
or the cleaning, servicing and repair of goods and equipment associated
with household use, where such operations have impacts that would
typically make them incompatible in non-industrial land use districts;
TOWN OF TURNER VALLEY LAND USE BYLAW
19
c) The offices or workshops of contractors engaged in either building trades
and services, or road and utility construction;
d) The storage or trans-shipping of materials, goods and equipment;
e) The crushing, dismantling, sorting or processing of discarded goods,
provided these activities do not involve chemicals or the application of
heat;
f)
The warehousing, shipping, and distribution and sale of materials, goods
and equipment to institutions or industrial and commercial businesses for
their direct use or to general retail stores or other sales use classes defined
in this Bylaw for resale to individual customers;
g) Dismantling and separating into parts of any article, machinery or vehicle;
h) The analysis, researching, development or testing of materials or
substances in a laboratory;
i)
The repair, service or refurbishment of furniture, electronic equipment and
appliances that are used in the home;
"Issue" means the date a development permit or an order is dated and signed by the
Development Officer in the course of their duties;
2.10
K
"Kennel" means any person, group of persons or corporation harbouring more than two
(2) dogs and engaged in the business of breeding, buying, selling or boarding dogs;
2.11
L
"Landscaped area" means an area designed, constructed and laid out so as to
maintain, change or modify the natural features of a site so as to make it attractive and
desirable by the use of grass, trees, shrubs, ornamental planting, fencing, walks and
may also be referred to as "landscaping";
"Lane" means a public thoroughfare with a right-of-way width of not greater than 9 m
(29.53 ft.) and not less than 6 m (19.68 ft.) which provides a secondary means of access
to a site or sites;
"Loading space" means a space for parking a commercial vehicle while being loaded
or unloaded;
"Local authority" means:
a) A council; or
b) A school authority; or
c) A health authority; or
d) The board of directors of an irrigation district; or
e) The board of trustees of a drainage district; or
f)
When a joint committee is established pursuant to the Municipal
Government Act (MGA) to construct, own, maintain or operate or do any
other matter or thing with respect to a public utility, the joint committee;
TOWN OF TURNER VALLEY LAND USE BYLAW
20
"Lodging house" means a building where accommodation is provided for remuneration
with or without meals to four or more persons exclusive of the occupant and his
immediate family, but does not include a special care facility;
"Lot" means an area of land within a plan of subdivision registered at the Land Titles
Office;
"Lumber yard" means the use of land or buildings for the purpose of the sale or storage
of lumber, this does not include a sawmill;
2.12
M
"Manufactured home" means a single detached residential unit or structure that is
manufactured or prefabricated and which is moved on to the site intact or in sections
and which provides year round living accommodation for one or more persons and
can be connected to utilities;
"Manufacturing plant" means a development engaged in secondary processing,
assembly and packaging where no excessive atmospheric emissions, vibrations and
noise are produced, and the use does not create an excessive load on municipal
utilities. Limited product display, retail sales, offices and instructional classes accessory
to the principal use may be permitted in this use class. The use does not include a
cannabis production and distribution facilities;
"Market" means a development where a group of individual vendors provide goods for
sale directly to the public, such as food products, handcrafted articles, or second hand
goods, sold either indoors our outside of a building, and where vendors can change in
a frequent or seasonal basis;
"Market garden" means a development providing for the production and retail sale of
agricultural products and is limited to market gardens, tree and flower nurseries and
similar specialty agricultural uses;
"Medical clinic" means a public or private medical, surgical, physiotherapeutic or other
human health clinic regularly staffed by practicing physicians, dentist or other qualified
medical practitioners;
"MGA" means the Municipal Government Act, and its amendments.
"Mini-storage warehouse" means a development that provides walk in size cubicles for
public rent for the storage of goods;
"Mixed use residential commercial" means a building used partly for residential and
partly for non-residential uses.
"Mobile home" means a non-motorized transportable dwelling unit designed to be
readily relocatable. This does not include recreational vehicles;
"Motel" means a building or group of buildings on a site providing separate sleeping
units complete with washing and sanitary facilities and with adjoining or conveniently
located parking space designed or operated for the purpose of providing temporary
accommodation for transient motorists;
TOWN OF TURNER VALLEY LAND USE BYLAW
21
"Moved-in dwelling" means a previously existing, established and occupied dwelling,
which is removed from one site and then transported and re-established on another site.
For the purposes of this bylaw, a moved-in dwelling does not include a "manufactured
home", "modular home", "ready-to-move home", motor home, travel trailer, recreation
vehicle and any similar vehicles that are neither intended for permanent residential
habitation nor subject to the current provincial building requirements.
"Municipality" means:
a) The Municipal Corporation of the Town of Turner Valley; and
b) Where the context requires, means the area of land contained within the
boundaries of the Municipality's corporate limits at the time of adoption
of this Bylaw;
"Municipal Planning Commission" means the Development Authority established by
Council to make decisions on discretionary uses and any other matter as referred by
the Development Officer and/or Council;
"Municipal reserve parcel" means the land specified to be municipal reserve by a
subdivision approving authority pursuant to the Municipal Government Act (MGA);
2.13
N
"Nonconforming building" means a building:
a) That is lawfully constructed or lawfully under construction at the date a
Land Use Bylaw or any amendment thereof affecting the building or land
on which the building is situated becomes effective, and
b) That on the date the Land Use Bylaw or any amendment thereof
becomes effective does not, or when constructed will not, comply with
the Land Use Bylaw;
"Nonconforming use" means a lawful specific use:
a) Being made of land or a building or intended to be made of a building
lawfully under construction, at the date a Land Use Bylaw or any
amendment thereof affecting the land or building becomes effective;
and
b) That on the date the Land Use Bylaw or any amendment thereof
becomes effective does not, or in the case of a building under
construction, will not comply with the Land Use Bylaw;
2.14
O
"Office" Means a building or development primarily used for the provision of professional,
management, administrative and consulting services. Typical uses include the offices
of lawyers, accountants, engineers and architects; offices for real estate, telephone
answering; catalogue, mail order or order sales offices where no stock or merchandise
is retained or stored on the premises except as may be used for display or showroom
purposes and similar other like uses;
TOWN OF TURNER VALLEY LAND USE BYLAW
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"Outside storage" means the storage of vehicles, personal property and other like items
and must be accessory to the principal use on the site;
2.15
P
"Parapet" means a low wall or railing to protect the edge of a roof;
"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 the Land Titles Office;
"Parking lot" means development providing public vehicular parking as the principal
use;
"Permanent residence" is a dwelling house which is permanently affixed to the property;
"Permitted use" means the use of land or of a building which is listed in the Land Use
Rules section for each district as "Permitted Uses" and for which, when it meets the
applicable provisions of this Bylaw, a development permit shall be issued;
"Personal service shop" means a development used for the provision of services to
a household and includes services to an individual which are related to the care
and appearance of the body or the cleaning and repair of personal effects. Typical
uses include barber shops, beauty parlors, tailors, dressmakers, shoe repair shops, dry
cleaning establishments, laundromats, pet grooming shops, photographic studios,
small appliance repair and service shops and instructional classes and may include
accessory retail sales;
"Poultry farm" means any person, group of persons or corporation harboring poultry of
any kind and engaged in the business of breeding, buying or selling poultry and/or its
byproducts;
"Prefabricated dwelling" means a dwelling unit or portions of a dwelling unit that is built
in a factory or portions of dwelling units that are built in a factory or location other than
on the lot intended for occupancy; includes modular, ready-to-move and panelized
dwellings; manufactured in accordance with CSA and the Alberta Building Code, is
transportable in one or more sections; is not constructed with a permanent hitch, chassis
or other device allowing transport of the unit other than for the purpose of delivery to a
permanent site.
"Principal building" means a building, which in the opinion of the Development
Authority:
a) Occupies the major or the central portion of a site; or
b) Is the chief or the main one among the buildings on the site; or
c) Constitutes by reason of its use the primary purpose for which the site is
used;
"Principal use" means the use of a site or of a building which, in the opinion of the
Development Authority, constitutes the primary purpose for which the site is used;
TOWN OF TURNER VALLEY LAND USE BYLAW
23
"Private club or lodge" means development used for the meeting, social or recreational
activities of members of a non-profit philanthropic, social service, athletic or fraternal
organization without on-site residences. Private clubs may include rooms for eating,
drinking and assembly;
"Private recreational facilities" means any development providing amusement, active
or passive recreation, and enjoyment for members, guests or customers of the site on
which the development is situated. Typical developments would include, but not be
limited to, athletic facilities such as swimming pools, squash, tennis and racquetball
courts, golf courses, table or electronic games, bowling alleys, picnic areas or similar
recreational activities;
"Private swimming pool" means any outdoor pool having a depth of at least two (2) feet
and a water surface area of at least one hundred and fifty (150) square feet, which
is used or intended to be used, as a swimming or bathing pool in connection with a
residence and available only to the family and private guests of the householder;
"Provincial health care facility" means an approved hospital as defined in the Hospitals
Act, RSA 2000, c. H-12;
"Public and quasi-public installation and facilities" means buildings including utility
buildings or utilities owned or operated by or for the Municipality, the Provincial
Government, the Federal Government or a corporation under federal or provincial
statute for the purpose of furnishing services or commodities to or for the use of the
inhabitants of the Municipality;
"Public park" means development of public land specifically designed or reserved
for the general public for active or passive recreational use and includes all natural
and man-made landscaping, facilities, playing fields, buildings and other structures
that are consistent with the general purposes of public park land, whether or not such
recreational facilities are publicly operated or operated by other organizations pursuant
to arrangements with the public authority owning the park. Typical uses include tot
lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers,
playgrounds and water features;
"Public recreational facilities" means any development providing amusement, active or
passive recreation and enjoyment, to the citizens of a Municipality and any such facility
that is owned and operated by the Municipal, Provincial or Federal Government;
"Public utility" means any municipal revenue-earning work or utility, and includes the
municipal:
a) Telephone system;
b) Waterworks system;
c) Bus lines or other transportation system;
d) Irrigation system;
e) Systems for the distribution of gas, whether natural or artificial;
f)
Heating systems; and
g) Sewage system, and the commodity supplied by any public utility;
"Public utility building" means the building in which the proprietor of a public utility:
a) Maintains its office or offices; or
b) Maintains or houses any equipment used in connection with the public
utility;
TOWN OF TURNER VALLEY LAND USE BYLAW
24
2.16
Q
"Professional" means an individual acting alone or together with another professional
in a similar or different field within their area of expertise to undertake or complete an
assessment, study, plan, tool, or other such process;
2.17
R
"Recreational vehicle" means a vehicle which is, or was originally designed to travel or
to be transported on a highway and constructed or equipped to be used as temporary
living or sleeping quarters by travelers, or a vehicle designed as a recreational
conveyance on or off the highway without limiting the generality of the foregoing
includes a trailer, travel trailer, tent trailer, coach, camper, motor home but not a
mobile home. This use class does not include manufactured homes;
"Recreational vehicle sales and services" means a development intended to be used
for the selling, leasing renting, servicing, and repairing of recreational vehicles and may
include the sale of parts and accessories;
"Recreational vehicle storage" means a development where recreational vehicles are
stored when they are not in use, and does not include sales, leasing, renting, servicing
or repair. This use does not accommodate the storage of any dilapidated vehicles and
does not involve the production, display or sale of vehicles;
"Religious institution" means a development where people assemble for religious or
spiritual purpose that may have a Child Care Facility within the building, may have
office space(s), a food preparation area, rehearsal space, kitchen and seating area
available for the users of the use. This may also include ancillary dwelling unit for the
user;
"Restricted livestock grazing" means the keeping and rearing of livestock where the
number of grazing livestock that may be kept on the site shall be limited based on
Animal Units (as outlined in Section 4.1.21);
"Retail cannabis store" means a retail store, licensed by the Province of Alberta to sell
cannabis and cannabis accessories. Offices and instructional classes accessory to the
principal use may be permitted. This use does not include cannabis production and
distribution facilities or cannabis consumption establishments;
"Retail food store" means the use of a building or a portion thereof with a gross floor area
in excess of 465 square metres, for the sale of foodstuffs for consumption off premises
and includes a supermarket, but does not include a convenience store;
"Retail store" means a use where goods, wares or merchandise are stored, offered or
kept for sale or rental and includes storage on or about the store premises of limited
quantities of such goods, wares, or merchandise sufficient only to service such store
but does not include any retail outlet otherwise listed or defined in this Bylaw. This use
includes, but is not limited to, second hand shops, liquidation stores, food stores, drug
stores, clothing stores, sporting goods stores, and other similar uses. This use does not
include retail cannabis stores;
"Retail store, liquor" means a development which sells alcoholic beverages for
consumption off-site and that has been licensed by the Alberta Gaming and Liquor
Commission;
TOWN OF TURNER VALLEY LAND USE BYLAW
25
"Restaurant" means an establishment which is primarily engaged in serving food and
beverages which are consumed on its premises by customers seated at tables and/or
counters either inside or outside the building and as accessory use may be engaged
in providing customers with take-out service of food and beverages for off-site
consumption;
"Rowhouse dwellings" means a building designed and built to contain three or more
dwelling units separated from each other by a fire rated wall with each unit having
separate entrances from grade level. (For purposes of this Bylaw, Garden, Linked, Row
and Townhouse units which meet these criteria are considered to be attached houses
rowhouse dwellings;
2.18
S
"Salvage yard" means land or development where vehicles, tires and vehicle
components are disassembled, repaired, stored or wrecked, primarily for parts or scrap
metal re-sale;
"School" means a structured learning environment through which an education
program is offered to a student by:
a) A board;
b) An operator of a private school;
c) An early childhood services program private operator;
d) A parent giving a home education program; or
e) The Minister of Alberta Education;
"Schools or colleges, commercial" means a development used for training and
instruction in a specific trade, skill, service or artistic endeavor. This use does not include
separate or public schools. Typical examples include secretarial, business, hairdressing,
beauty culture, dancing or music schools;
"Screening" means a fence, earth berm or hedge used to visually separate areas or
functions, which in the opinion of the Development Authority, detract from the urban
street or neighbouring land uses;
"Secondary suite" means a self-contained dwelling unit on a site that is within, or
accessory to, the principal dwelling unit on the site. A secondary suite has a kitchen,
living, sleeping and sanitary facilities that are separate from those of the principal
dwelling. A secondary suite also has a separate entrance from the entrance of the
principal dwelling, either from a common indoor landing or directly from the exterior of
the dwelling. A secondary suite can be located in;
a) A basement suite or upper floor suite;
b) A garden suite (at grade, single-storey secondary suite, accessory to the
primary building);
c) An attached garage suite; or
d) An above detached garage suite;
"Service station" means an establishment for the sale of fuel, lubricating oils and
associated automotive fluids, and may also include an accessory service and repair
facility, sales of automotive parts, a car wash for the washing and cleaning of no more
than one vehicle at a time, a towing service or a convenience store;
TOWN OF TURNER VALLEY LAND USE BYLAW
26
"Shipping container" means a prefabricated metal container or box designed to
facilitate the transport of goods and materials by a variety of modes of transport, such
as rail, ship, or truck. These containers are commonly referred to as a cargo or freight
container, ISO container, sea or ocean container, sea van or Conex box, intermodal
container, sea can, or c-can. A shipping container may only be used for storage of
goods and materials accessory to the principal use of a site;
"Sign" means anything that serves to indicate the presence or the existence of
something, including but not limited to, a lettered board, a structure, or a trademark
displayed, erected, or otherwise developed and used or serving or intended to identify,
to advertise or to give direction;
a) "Sign, advertising" means a sign which refers only to goods or services
produced, offered for sale or obtainable at the premises on which the
sign is displayed. This may include, but is not limited to, billboards, banners,
balloons, and sandwich boards;
b) "Sign, awning and canopy" means a sign which is attached to, or
constructed in, or on the face of, an awning or canopy. This may include
a retractable, cloth like, or lightweight metal shelter, projecting from a
building;
c) ", Balloon" means an inflated, three- dimensional device that is affixed or
anchored to the ground or a structure;
d) "Sign, banner" means a sign of lightweight, flexible fabric or material
mounted to a pole, structure or building and does not include national,
provincial or municipal flags;
e) "Sign, billboard" means a sign where advertising matter is set in view and
which advertising does not apply to the premises upon the site that the
sign is maintained. The advertisement copy is pasted, glued, painted or
otherwise fastened to permit its periodic replacement;
f) "Sign, changeable message" means any sign type that has a changeable
message whether the message is changed electronically or manually,
which typically include, but are not limited to, signs with mechanically
controlled time and temperature displays;
g) "Sign, fascia" means a flat sign, plain or illuminated, running parallel for its
whole length to the face of the building to which it is attached but does
not include an advertising sign;
h) "Sign, freestanding" means every sign supported independently of a
building, wall or structure, but does not include a temporary sign. It is
supported by one or more columns, uprights or braces in or upon grade;
i) "Sign, projecting" means a sign other than a canopy or awning sign which
projects from a structure or a building face or wall;
j) "Sign, roof" means any sign erected upon, against, or above a roof or a
parapet of a building;
k) "Sign, sandwich" means a self-supporting A-Shaped sign which is set upon
the ground;
l) "Sign, temporary" means a portable sign intended only to be used on
a temporary basis for a period of time not to exceed three (3) months,
including advertising signs;
m) "Sign, window" means and includes any sign painted on, attached to,
or placed inside a window for the purposes of viewing from outside the
premises;
TOWN OF TURNER VALLEY LAND USE BYLAW
27
"Similar use" means a specific use of land or of a building that is not expressly mentioned
in this Bylaw but which the Development Authority has determined to be similar in
character and purpose to a use listed as a permitted or discretionary use in the district
in which such use is proposed and where this Bylaw has expressly authorized the
Development Authority to consider applications for "similar uses";
"Single detached" means a development consisting of a building containing only one
(1) dwelling, which is separate from any other dwelling or building;
"Site" means an area of land on which a building or use exists or for which an
application for a development permit is made;
a) "Site area" means the total horizontal area of a site;
b) "Site, corner" means a site when the front and a side property line abut
one or more street(s);
c) "Site, depth" means the horizontal distance between the midpoints of the
front and rear property lines of a site;
d) "Site plan" means a plan drawn to scale showing the boundaries of the
site, the location of all existing and proposed buildings upon that site,
and the use or the intended use of the portions of the site on which no
buildings are situated, and showing fencing, screening, grassed areas,
and the location and species of all existing and proposed shrubs and
trees within the development;
e) "Site, width" means the average horizontal distance between the side
property boundaries;
"Sour gas" means gas containing hydrogen sulphide in concentrations of 10 or more
moles per kilomole;
"Sour gas facility" means:
a) Any of the following, if it emits, or on failure or on being damaged may
emit, sour gas:
b) A gas well as defined in the Oil and Gas Conservation Regulations (Alta.
Reg. 151/71);
c) A processing plant as defined in the (Oil and Gas Conservation Act);
d) A pipeline as defined in the (Pipeline Act);
"Special event" means an organized public activity that is temporary in nature and
where, in the opinion of the Development Authority, it is in keeping with the purpose
and intent of the land use district within which it is located and poses no risk to adjacent
buildings and or surrounding land uses resulting from scale, traffic, or interface. Examples
of this use may include organized sporting events, community festivals, trade shows,
ceremonies, and outdoor faith services;
"Specialty food store" a use, building, or part of a building that specializes in a specific
type or class of food production, processing or packaging such as a butcher shop,
delicatessen, bakery, fish monger, and similar foods, and where live animals are not
involved in the processing of the food. The food products associated with the use may
be sold on the premises;
"Storage yard" means a site on which the principal use is the outside storage of parts,
materials, equipment, vehicles and other like items;
TOWN OF TURNER VALLEY LAND USE BYLAW
28
"Storey, first" means the storey with its floor closest to grade and having its ceiling more
than 2 m (6.56 ft.) above finished grade;
"Storey, second" means the storey located immediately above the first storey;
"Street" means a public thoroughfare with a right-of-way width of not less than 15 m
(49.21 ft.) which provides a primary means of access to a site or sites;
"Street, collector" means a public thoroughfare with a right-of-way width of 19.5 m
(63.98 ft.) or greater;
"Subdivision and development appeal board" means a Subdivision and Development
Appeal Board appointed pursuant to the Municipal Government Act (MGA) and
amendments thereto;
"Subdivision Authority" means the subdivision approving body appointed by Council
and pursuant to the Municipal Government Act (MGA) and the Subdivision and
Development Regulation;
2.19
T
"Temporary" means a period of time up to one year;
"Temporary camping" means a stay of no more than fourteen (14) days on private
property with a permanent residence that involves one recreational vehicle.
"Telecommunication antenna structures" means the development of a communication
facility regulated by Industry Canada for the purposes of transmitting information,
including radio towers, television, microwave and cell towers and associated accessory
structures;
"Theater" means a facility with fixed seating designed to show movies, plays, musicals or
other similar entertainment activities;
"Tourist campsites" means development of lands which has been planned and
improved for the seasonal short-term use of holiday trailers, motor homes, tents,
campers and similar recreational vehicles, and is not used as year-round storage, or
accommodation for residential use. Typical uses include tourist trailer parks, campsites
and tenting grounds;
"Truck terminal" means a development used for the purpose of storing and dispatching
trucks and tractor trailers for transporting goods;
2.20
U
"Utility" 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;
TOWN OF TURNER VALLEY LAND USE BYLAW
29
e) Any other things that may be prescribed by the Lieutenant Governor in
Council by regulation;
"Utility services, major" means development for public utility infrastructural purposes
which is likely to have a major impact on the environment or adjacent uses by virtue of
their potential emissions or effects, or their appearance. Typical uses include sanitary
landfill sites, sewage treatment plants, sewage lagoons, sludge disposal beds, garbage
transfer and compacting stations, incinerators and waste recycling plants.
"Utility services, minor" means development for public utility infrastructural purposes
which is likely to have minor impacts on the environment or adjacent land uses by virtue
of its appearance, noise, size, traffic generation or operational characteristics. Typical
uses in this class include vehicle, equipment and material storage yards for utilities and
services, storm water lakes, water storage tanks and water treatment plants.
2.21
V
"Veterinary clinic" means a facility for the medical care and treatment of small
animals, for example, cats, dogs, rabbits and includes provisions for their overnight
accommodation but does not include kennels, runs or enclosures;
"Veterinary clinic - large animals" means a facility for the medical care and treatment
of large animals for example horses, cattle, goats and includes provision for their
overnight accommodation in indoor facilities on site.
2.22
W
"Warehouse" means a development used for the indoor storage of materials, products,
goods or merchandise and where areas of the site are used for the movement of
transportation trucks on and off and within the parcel. Limited product display, retail
sales and offices accessory to the principal use may be permitted in this use class
provided the cumulative area of the accessory uses does not exceed 15% of the gross
floor area. This use does not include cannabis production and distribution facilities or
retail cannabis stores;
"Woodworking" means an establishment for the sale, fabrication and construction of
products made from wood and shall include an on-site sales and/or display area. This
does not include sawmills or lumber yards.
"Workshop" means a building where manufacturing is performed by skilled tradesmen
and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, welder's
shop, or similar uses.
2.23
Y
"Yard" means an open space onsite, unoccupied and unobstructed;
a) "Yard, front" means the yard which extends in width between the side
property lines of a site and in depth from the front property line of the site
to the front yard setback as prescribed in the district and is determined by
the majority of sites fronting on a street;
TOWN OF TURNER VALLEY LAND USE BYLAW
30
b) "Yard, rear" means the yard which extends in width between the side
property line of a site and in depth from the rear property line to the rear
setback as prescribed in the district;
c) "Yard, side" means the yard which extends in depth from the front
property line to the rear property line and in width from the side property
line to the side yard setback as prescribed in the district.
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
31
.0
ADMINISTRATIVE REQUIREMENTS & AUTHORITY
32
3.1
DEVELOPMENT PERMITS
32
3.1.1
DEVELOPMENTS REQUIRING A DEVELOPMENT PERMIT
32
3.1.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
32
3.1.3
DEVELOPMENT AGREEMENT
34
3.2
APPLICATION FOR DEVELOPMENT PERMIT
34
3.2.1
INFORMATION REQUIRED FOR A DEVELOPMENT APPLICATION
34
3.2.2
DEVELOPMENT APPLICATIONS DEEMED COMPLETE
35
3.2.3
DEVELOPMENT APPLICATIONS DEEMED INCOMPLETE
36
3.3
DECISION PROCESS
36
3.3.1
DECISIONS ON PERMITTED & DISCRETIONARY USES
36
3.3.2
VARIANCES
37
3.3.3
ISSUANCE & NOTIFICATION OF DEVELOPMENT PERMIT
38
3.3.4
DEVELOPMENT PERMIT RE-APPLICATION
39
3.3.5
EXPIRY OF A DEVELOPMENT PERMIT
39
3.4
APPEALING A DECISION
39
3.4.1
PERMIT DEEMED REFUSED
39
3.4.2
RIGHT OF APPEAL
39
3.4.3
APPEAL PROCESS
40
3.4.4
PUBLIC HEARING
40
3.4.5
COURT OF APPEAL
41
3.5
APPLICATION FOR SUBDIVISION
42
3.5.1
REQUIREMENTS
42
3.6
DECISION ON SUBDIVISION APPLICATIONS
44
3.6.1
PROCESSING
44
3.6.2
NOTICE
44
3.6.3
TIMEFRAME
44
3.6.4
DECISIONS
45
3.6.5
ENDORSEMENT & CONDITIONS MET
45
3.6.6
REGISTRATION
45
3.7
APPEALS ON SUBDIVISION DECISIONS
45
3.7.1
THE MGA SPECIFIES WHO MAY FILE AN APPEAL:
45
3.8
DUTIES & RESPONSIBILITIES OF ADMINISTRATIVE AGENCIES
46
3.8.1
DEVELOPMENT OFFICER
46
3.8.2
MUNICIPAL PLANNING COMMISSION
46
3.8.3
SUBDIVISION & DEVELOPMENT APPEAL BOARD
46
3.8.4
DEVELOPMENT REFERRALS
47
3.9
FORMS, NOTICES & FEES
47
3.10
ENFORCEMENT
47
3.10.1
RIGHT OF ENTRY
47
3.10.2
CONTRAVENTION
47
3.10.3
OFFENSES & PENALTIES
48
3.11
BYLAW AMENDMENT PROCESS
48
3.11.1
APPLICATION AMENDMENT PROCESS
48
3.11.2
PLANS & INFORMATION REQUIREMENTS
49
ADMINISTRATIVE
REQUIREMENTS &
AUTHORITY
PART 3
TOWN OF TURNER VALLEY LAND USE BYLAW
32
3.0
ADMINISTRATIVE REQUIREMENTS &
AUTHORITY
3.1
DEVELOPMENT PERMITS
3.1.1
DEVELOPMENTS REQUIRING A DEVELOPMENT PERMIT
3.1.1.1
Except as provided in Section 3.1.2 of this Bylaw, no person shall undertake any
development unless:
a) A development permit has first been issued pursuant to this Bylaw;
b) The development is proceeded with in accordance with the terms and
conditions of a development permit issued in respect of the development;
and
c) A building permit has been obtained when a building so requires.
3.1.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
3.1.2.1
A development permit is not required in respect of the following developments
but they shall otherwise comply with the provisions of this Bylaw and must be
carried out or performed in accordance with all other applicable legislation,
regulations and bylaws:
a) Works of maintenance, repair or alteration, on a structure, either internally
or externally, if in the opinion of the Development Officer, such work does
not include structural alterations or change the use or intensity of the use
of the structure;
b) Additions to the principal building, these additions may include steps,
porches, balconies, that are less than 80 m2 (861 sq. ft.) when they comply
with the provisions of this Bylaw;
c) The erection or demolition of accessory buildings having an area less than
10 m2 (107.6 sq ft.)
d) The completion of a building which was lawfully approved or under
construction at the date this Bylaw comes into full force and effect,
provided that:
i)
The building is completed in accordance with the terms of any
permit granted by the Municipality, subject to the conditions of that
permit; and
ii)
The building, whether or not a permit was granted in respect of it, is
completed within a period of twelve (12) months from the date this
Bylaw comes into full force and effect;
e) The use of any building referred to in Section 3.1.2.1 (d) for the purpose for
which construction was commenced;
f)
The erection, construction, or the maintenance of gates, fences, walls or
other means of enclosure less than 2 m (6.56 ft.) in height provided that
the erection of such fence, wall or gate does not contravene any other
provision of this Bylaw;
TOWN OF TURNER VALLEY LAND USE BYLAW
33
g) The erection or installation of machinery needed in connection with
construction of a building for which a development permit has been
issued, for the period of construction;
h) The construction and maintenance of that part of a public utility placed
in or upon a public thoroughfare or public utility easement but not to
include a public utility building;
i)
The use by the Municipality of land of which the Municipality is the
legal or equitable owner for a purpose approved by a simple majority
vote of Council in connection with any public utility carried out by the
Municipality;
j)
The use of a building or part thereof as a temporary polling station for a
Federal, Provincial, or Municipal election referendum or plebiscite;
k) The construction, maintenance and repair of retaining walls 0.3 m (1.00 ft.)
or less in height, private walkways, private pathways, private driveways,
and similar works;
l)
The stripping or stockpiling of soil, the construction of Municipal streets
and lanes, the installation of utilities and the grading of the site when the
site is subject of an approved land subdivision for which a development
agreement has been duly executed, or Council has authorized the
undertaking of street and land construction;
m) Subject to application for business license and health regulations food
peddlers shall be permitted in commercial districts;
n) A maximum of one (1) special event hosted in a residential district per
calendar year, where each event is held for a maximum of three (3)
consecutive days, or less. The event must be taken down and removed
from the location immediately once the maximum number of days
have been reached. Time required for set up and take down are not
considered part of the event.
o) A maximum of eight (8) special events hosted in a non-residential district
per calendar year, where each event is held for a maximum of four (4)
consecutive days, or less. The event must be taken down and removed
from the location immediately once the maximum number of days
have been reached. Time required for set up and take down are not
considered part of the event.
p) The erection of a shipping container that is temporary, and for
construction purposes only, in any zone if a valid building permit has
been issued. The removal of the shipping container is required once
construction is completed.
q) The erection of the following types of signage or actions pertaining to
existing signage on a property:
i)
As a condition of a development agreement, one temporary free
standing sign shall be permitted which is intended only for the sale
of parcels and/or buildings within a comprehensively designed
subdivision;
ii)
One (1) temporary sandwich sign erected only during the open
hours of operation of a business, agency, or organization. These signs
shall not be erected outside of open hours;
iii)
An official notice, sign, placard, or bulletin required to be displayed
pursuant to the provisions of Federal, Provincial, or Municipal
legislation;
TOWN OF TURNER VALLEY LAND USE BYLAW
34
iv)
Revisions to existing signage for which a development permit has
been previously issued to reflect a change in business name;
v)
One (1) temporary, onsite freestanding or fascia sign which does not
exceed 0.6 m2 (6.45 sq. ft.) in area and 1.2 m (3.94 ft) in height in the
Residential districts and 1.5 m2 (16.14 sq. ft.) in area and 1.2 m (3.94
ft) in height in all other districts and is intended for:
-
Advertising the sale or lease of a building or property; or
-
Identifying a construction or demolition project for which a
development permit has been issued for such a project; or
-
Identifying a political campaign: such a sign may be displayed
for thirty (30) days prior to an election or referendum and
must be moved within seven (7) days following the election or
referendum; or
-
Advertising a campaign or drive which has been approved by
Council: such a sign may be posted for a maximum period of
fourteen (14) days; or
-
Advertising of a home occupation business;
vi)
To identify municipal buildings, control traffic, or indicate street
names;
vii) Signs to regulate on-site traffic circulation and parking;
viii) One (1) non-illuminated fascia sign that states the name, address,
and number of a building and does not exceed 0.6 m2 (6.45 sq. ft.) in
area and 1.2 m (3.94 ft) in height in the R-1, RR, R-2 and 1.5 m2 (16.15
sq. ft.) in area in and 1.2 m (3.94 ft) in height in all other districts;
3.1.3
DEVELOPMENT AGREEMENT
The Development Authority or the Subdivision and Development Appeal Board may
require, as a condition of issuing a development permit, that the developer enter into
a Developer's Agreement with Council. In accordance with the MGA, the agreement
may be caveatted against the title of the affected parcel(s) and must be discharged
when the agreement has been complied with.
3.2
APPLICATION FOR DEVELOPMENT PERMIT
3.2.1
INFORMATION REQUIRED FOR A DEVELOPMENT APPLICATION
Where applicable, an application for a development permit shall be made by the
owner or authorized agent of the site. The application form must be signed by both the
owner and authorized agent and submitted to the Development Officer. The following
information shall accompany the prescribed form;
a) Site plans, drawn to scale showing:
i)
Legal description of the site;
ii)
Dimensions of the site;
iii)
Floor plans, elevations, and exterior finishing material;
iv)
Utilities, site drainage, existing and proposed site grades, the
grades of the streets and sewer servicing the property including the
elevations of top of curb or sidewalk and site corners;
TOWN OF TURNER VALLEY LAND USE BYLAW
35
v)
The height, dimensions, and relationship to property lines of all
existing and proposed buildings and structures including retaining
walls greater that 0.3 m (1.00 ft.) in height, trees, landscaping, curbs,
gutters, sidewalks and other physical features;
On applications for comprehensive residential development, apartments, rowhouse
dwellings, commercial, industrial, recreational and institutional uses:
b) Applications for dwellings and public facilities may be required to identify
sour gas facilities that are located within 1.5 km (0.93 mi.)Of the proposed
development;
c) Loading and parking provisions and access locations to and from the site;
d) Garbage and storage areas and the fencing and screening proposed for
same;
e) Location and approximate dimensions of all existing and proposed trees,
shrubs, play structures, and other private amenities;
f)
Information describing any noxious, toxic, radioactive, flammable or
explosive materials proposed:
i)
Where applicable, the location of existing and proposed wells,
septic tanks, disposal fields, culverts and crossings;
ii)
Where applicable, the cutting down or removal of trees;
g) On applications for signs, a replica of the proposed sign drawn to scale;
h) A statement of ownership of the land and intent of the applicant therein;
i)
The estimated commencement and completion dates;
j)
Development permit fee as prescribed by Resolution of Council;
k)
Parking spaces for applications on single detached dwellings or duplex
dwellings;
l)
Such additional information as the Development Officer may deem
necessary;
m) The Development Officer may require additional copies of the application
or of plans and specifications.
3.2.2
DEVELOPMENT APPLICATIONS DEEMED COMPLETE
3.2.2.1
The application shall not be deemed complete until all required details have
been submitted to the satisfaction of the Development Authority.
3.2.2.2
The Development Authority shall consider an application for a development
permit and deem it complete within twenty (20) days from the date of
submission, in accordance with the MGA.
3.2.2.3
If the Development Authority does not identify which items are required in
order to deem the application complete within the twenty (20) day period,
the application will be deemed complete.
3.2.2.4
Notwithstanding 3.2.1, the Development Authority may request additional
information it considers necessary during the decision making process.
TOWN OF TURNER VALLEY LAND USE BYLAW
36
3.2.3
DEVELOPMENT APPLICATIONS DEEMED INCOMPLETE
3.2.3.1
If the application is deemed incomplete, the applicant may provide the
outstanding information as identified by the Development Authority to
complete the application.
3.2.3.2
If the required information is not provided as requested by the Development
Authority, the application will be deemed incomplete.
3.3
DECISION PROCESS
3.3.1
DECISIONS ON PERMITTED & DISCRETIONARY USES
3.3.1.1
A development permit does not come into effect until twenty one (21) days
after the date the approval is publicized as described in Section 3.3.3.
3.3.1.2
In making decisions on development permit applications for "Permitted Use"
the Development Officer shall approve an application for a development
permit, with or without conditions, where:
a) The proposed use of the site is a permitted use in the district for which the
site is designated; and
b) The proposed development conforms in every respect to the regulations
of the district and this Bylaw, or within the variance provisions as described
in Section 3.3.2;
c) And thereafter shall provide notice in accordance with Section 3.3.3.2.
3.3.1.3
In making a decision on an application for a development permit for a
"Discretionary Use" or a variance to a regulation the Development Authority
may:
a) Approve the application; or
b) Approve the application subject to conditions and restrictions considered
appropriate or necessary; or
c) Refuse the application;
d) And thereafter shall provide notice in accordance with Section 3.3.3.2.
The Development Authority may make additional notification for decisions
on Discretionary Uses as described in Section 3.3.3.3.
3.3.1.4
The Development Authority shall refuse an application for a development
permit which does not meet the requirements of this Bylaw, unless a variance is
granted subject to Section 3.3.2.
3.3.1.5
When the Development Authority refuses an application for a development
permit, the decision shall outline the specific reasons for the refusal, and the
time periods in which the applicant can make an appeal and to whom.
3.3.1.6
Where an appeal is made pursuant to Section 3.4 of this Bylaw, a development
permit which has been granted shall not come into effect unless a decision
has been made on the appeal by the Subdivision and Development Appeal
Board.
TOWN OF TURNER VALLEY LAND USE BYLAW
37
3.3.1.7
The Development Authority shall not issue a permit for a development which is
to be serviced by private sewer and water system until the systems have been
approved by the appropriate Municipal and Provincial departments.
3.3.1.8
The Development Authority shall consider and decide on applications for
development permits, and issue a Notice of Decision, within forty (40) days of
the receipt of the application in its complete and final form.
3.3.2
VARIANCES
3.3.2.1
Unless a specific provision of this Bylaw provides otherwise, the Development
Authority may allow a variance as a condition of a development permit if:
a) The development does not unduly interfere with the amenities of the
neighborhood or materially interfere with or affect the use, enjoyment or
value of neighboring properties;
b) The development conforms with the use prescribed for that land or
building in the Land Use Bylaw;
c) The variance is a result of an error in the situating of a building or structure,
and the rectifying of the error would create unnecessary hardship to the
property owner;
d) The variance is expressed to be a condition of development permit
approval and is specifically mentioned in public notices of the
Development Permit approval;
e) The variance would not cause hardship to bring the subject building(s) or
structures(s) into compliance with the requirements of the Safety Codes
Act, the Alberta Building Code and the Alberta Fire Code; and
f)
That notice is given as per Section 3.3.3.
3.3.2.2
The Development Officer may allow a minor variance of up to 10% or
less without advertising, posting or notification to the adjacent/affected
landowners to any or all of the following requirements when considering
development permit applications and request for compliance certificates
where in the Development Authority's discretion, such variance does not
unduly interfere with the amenities of the neighborhood or materially interfere
with or affect the use, enjoyment or value of neighboring properties:
a) The front yard setback;
b) The side yard setback;
c) The rear yard setback; and
d) The height of building requirement.
Variances greater than 10% are to be reviewed by the Municipal Planning
Commission and may be allowed in accordance with Section 3.3.2.1.
3.3.2.3
The Development Officer may issue a Compliance Certificate, granting a
variance to a maximum of 10% in accordance with Section 3.3.2.2 provided
that:
a) The terms and conditions of any permit relating to the land and
development have been met to the satisfaction of the Development
Officer;
b) The development does not unduly interfere with the amenities of the
neighborhood or materially interfere with or affect the use, enjoyment or
value of neighboring properties;
TOWN OF TURNER VALLEY LAND USE BYLAW
38
c) The development conforms with the use prescribed for that land or
building in the Land Use Bylaw; and
d) That notice is given as per Section 3.3.3.
3.3.2.4
In all districts the parking and loading requirements for a site may be varied by
the Development Officer where the potential amount of parking and loading
on the site has been maximized, and/or proof has demonstrated through
completion of a parking study by a qualified professional that fulfillment of the
requirements outlined in Table 1, Part 11 of this bylaw are not necessary, to the
satisfaction of the Development Authority.
3.3.2.5
The Development Authority may not vary the separation distances set out in
Section 4.1.18.
3.3.3
ISSUANCE & NOTIFICATION OF DEVELOPMENT PERMIT
3.3.3.1
A development permit issued pursuant to this Bylaw is not a building permit
and, notwithstanding that plans and specifications for buildings may have
been submitted as part of an application for a development permit, work or
construction shall neither commence nor proceed until a building permit has
been issued pursuant to applicable bylaws and regulations.
3.3.3.2
When an application for a development permit is approved for a permitted or
discretionary use with or without conditions, the Notice of Decision shall be sent
by ordinary mail to the applicant and a notice shall be posted where highly
visible on the property for which the application has been made.
3.3.3.3
In addition to Section 3.3.3.2 and at the discretion of the Development
Authority a Notice of Decision may be:
a) Sent by ordinary mail to all owners of land on record at the municipal
office within 60 m (196.85 ft.) of the site.
b) Published in a newspaper circulating in the Municipality. Such notice
shall indicate the legal description, municipal address, the nature of the
development, the right of appeal and to whom appeal should be served.
3.3.3.4
When an application for a development permit is refused, the Notice of
Decision shall be sent by ordinary mail to the applicant.
3.3.3.5
For purposes of this Bylaw, Notice of Decision of the Development Authority on
an application for a development permit is deemed to have been given and
to have been received:
a) In the case of a decision of refusal on an application for a development
permit, the date that Notice of Decision is sent by ordinary mail to the
applicant;
b) All other cases, when the Notice of Decision is posted on the property for
which the application has been made.
3.3.3.6
A development permit shall not be issued until twenty one (21) days after the
Notice of Decision has been given pursuant to Section 3.3.3.2.
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3.3.3.7
When an appeal is made pursuant to the MGA, a development permit which
has been approved shall not be issued unless and until the decision of the
Development Authority is upheld by the Subdivision and Development Appeal
Board.
3.3.4
DEVELOPMENT PERMIT RE-APPLICATION
3.3.4.1
When an application for a development permit has been refused pursuant to
this Bylaw or ultimately after appeal pursuant to the MGA, the submission of
another application for development permit on the same site for the same or
for a similar use of the land by the same or any other applicant may or may
not be accepted at the discretion of the Development Authority for at least six
(6) months after the date of refusal.
3.3.5
EXPIRY OF A DEVELOPMENT PERMIT
3.3.5.1
If the development authorized by a development permit is not commenced
within twelve (12) months from the date of its issue, and completed (see
definition for completed) within twenty four months of issuance of the permit,
the permit is deemed to be void unless the time for commencement or
completion of the development is extended by the agency that made the
decision. In the event that a permit is deemed void, the Municipality may take
enforcement action in accordance with the MGA and this Bylaw to remedy
any non-compliance with this Bylaw.
3.3.5.2
If all or portions of a development authorized by a development permit
are not completed in accordance with the approval granted, the permit is
deemed void. In the event that a permit is not completed in accordance
with the approval granted, the Municipality may take enforcement action in
accordance with the MGA and this Bylaw to remedy any non-compliance
with this Bylaw and the approval granted.
3.4
APPEALING A DECISION
3.4.1
PERMIT DEEMED REFUSED
3.4.1.1
As pursuant to the MGA an application for a development permit shall, at the
option of the applicant, be deemed to be refused when a decision thereof
is not made within forty (40) days after the receipt of the application in its
complete and final form by the Development Authority, unless the applicant
has entered into an agreement with the Development Authority to extend the
forty day (40) period, and the applicant may appeal in writing as provided in
the MGA as though the applicant had received a decision of refusal.
3.4.2
RIGHT OF APPEAL
3.4.2.1
The person applying for the permit or affected by an order under the
MGA may appeal to the Subdivision and Development Appeal Board, if a
Development Authority:
a) Refuses or fails to make a decision on a development permit within forty
(40) days of receipt of a completed application;
b) Issues a development permit subject to conditions, or
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40
c) Issues a stop work order pursuant to the MGA.
3.4.2.2
Notwithstanding 3.4.2.1, no appeal lies in respect of the issuance of a
development permit for a permitted use unless the provisions of this Bylaw are
relaxed, varied or misinterpreted pursuant to the MGA.
3.4.2.3
The person who receives a written order to remedy pursuant to the MGA may
request council to review the order by written notice within fourteen (14) days
of the date the order is received.
3.4.2.4
Pursuant to the MGA, if a decision on a Direct Control permit is made by a
Council, there is no appeal to the Subdivision and Development Appeal
Board.
3.4.3
APPEAL PROCESS
3.4.3.1
An appeal by an applicant may be commenced by filing a notice of the
appeal containing specific reasons, with the Secretary of the Subdivision and
Development Appeal Board within twenty one (21) days after:
a) Notification of the issuance of the development permit in writing by the
Development Authority, or
b) The forty (40) day period has expired.
3.4.3.2
An appeal by an affected person may be commenced by filing a notice
of the appeal containing reasons, with the Secretary of the Subdivision and
Development Appeal Board, within twenty one (21) days after the date on
which the notice of issuance of the permit was posted in accordance with
5.3.2.
3.4.4
PUBLIC HEARING
3.4.4.1
Pursuant to the MGA, the Subdivision and Development Appeal Board must
hold an appeal hearing within thirty (30) days of the receipt of a notice of
appeal.
3.4.4.2
The Subdivision and Development Appeal Board must give at least five (5)
days notice in writing of the hearing:
a) To the appellant;
b) To the applicant(s);
c) To the Development Authority whose order, decision or development
permit is the subject of the appeal; and
d) To those owner(s) required to be notified under this Bylaw and any other
person that the Subdivision and Development Appeal Board considers to
be affected by the appeal and should be notified.
e) Any other person or persons that the Board considers to be affected by
the appeal.
3.4.4.3
The Subdivision and Development Appeal Board must make available for
public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal, including:
a) The application for the development permit, the decision rendered by the
Subdivision or Development Authority and the notice of appeal; or
b) A stop work order(s) and or order(s) to remedy according to the MGA.
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3.4.4.4
In 6.4.2 owner(s) refers to the person(s) shown as the registered owner of the
land on the assessment roll.
3.4.4.5
At the hearing, the Subdivision and Development Appeal Board must hear:
a) Appellant or any person acting on behalf of the appellant;
b) The Development Authority from whose order, decision or development
permit the appeal is made, or the person acting on his/her behalf,
c) Any other person who claims to be affected and that the Subdivision and
Development Appeal Board agrees to hear or someone acting on that
persons behalf.
3.4.4.6
In determining an appeal, the Subdivision and Development Appeal Board:
a) Must comply with the provincial land use policies, statutory plans and
Section 3.4.4.6 c);
b) May confirm, revoke or vary the order, decision or development permit or
any condition attached to it or may make or substitute an order, decision
or permit of its own.
c) May make an order or decision or issue or confirm the issuance of a
development permit even though the proposed development does not
comply with this Bylaw if, in its opinion:
i)
The proposed development would not:
-
Unduly interfere with or affect the use, enjoyment or value of
neighbouring properties, and
-
Interfere with or affect the use, enjoyment or value of
neighbouring properties,
ii)
The proposed development conforms with the prescribed use for the
land or building as defined in this Bylaw.
3.4.4.7
The Subdivision and Development Appeal Board must give its decision
in writing together with reasons for the decision within fifteen (15) days of
concluding the hearing.
3.4.5
COURT OF APPEAL
3.4.5.1
Pursuant to the MGA, an appeal lies to the Court of Appeal on a question of
jurisdiction or law with respect to:
a) Decision of the Subdivision and Development Appeal Board, or
b) The Municipal Government Board on a decision of an appeal under
Section 619 of the MGA, an inter-municipal dispute under Division 11 of
the MGA or a subdivision appeal.
3.4.5.2
An application for leave to appeal pursuant to 3.4.5.1 must be made to
a judge of the Court of Appeal within thirty (30) days after the issue of the
decision sought to be appealed, and notice of the application must be given
to:
a) The Municipal Government Board or the Subdivision and Development
Appeal Board, and
b) Any other person(s) that the judge directs.
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3.5
APPLICATION FOR SUBDIVISION
3.5.1
REQUIREMENTS
3.5.1.1
A subdivision application shall include the following information:
a) A completed Subdivision Application form signed by the registered
landowner;
b) A current copy of the Certificate of Title, to be no more than two weeks
old;
c) The Plan of Subdivision or other instrument of subdivision;
d) Fee plus any additional fees for each lot being created.
3.5.1.2
The Subdivision Authority will not accept an incomplete subdivision
application.
3.5.1.3
The Subdivision Authority may impose conditions of approval, including
development agreements, as referred to in the MGA.
3.5.1.4
Subject to the provisions of the MGA, the Subdivision Authority may require
land or cash in lieu for roads, public utilities, and municipal and school reserve.
3.5.1.5
A Subdivision Authority may require the owner of a parcel of land that is the
subject of a proposed subdivision to provide part of that parcel of land as
environmental reserve if it consists of:
a) A swamp, gully, ravine, coulee or natural drainage course;
b) That is subject to flooding or is, in the opinion of the Subdivision Authority,
unstable, or
c) A strip of land, not less than 6 m (metres) in width, abutting the bed and
shore of any lake, river, stream or other body of water for the purpose of:
i)
Preventing pollution, or
ii)
Providing public access to and beside the bed and shore.
3.5.1.6
If the owner of a parcel of land that is the subject of a proposed subdivision
and the Municipality agree that any or all of the land that is to be taken as
environmental reserve is instead to be the subject of an environmental reserve
easement, a caveat may be registered against the land in favour of the
Municipality at a Land Titles Office.
3.5.1.7
The environmental reserve easement must:
a) Identify which part of the parcel of land the easement applies to, and
b) That land that is subject to the easement remain in a natural state as if it
were owned by the Municipality.
3.5.1.8
The Plan of Subdivision shall:
a) Indicate the location, dimensions and boundaries of the land to be
subdivided;
b) Clearly outline the land which the applicant wishes to register in a Land
Titles Office;
c) Show the location, dimensions and boundaries of:
i)
Each new lot to be created;
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ii)
The reserve land, if any;
iii)
The right-of-way of each public utility; other right-of-ways; and
iv)
Building envelopes for each lot based in the applicable district;
d) Show the location and dimensions of buildings on the land that is
the subject of the application and specify whether the buildings are
proposed to be demolished or moved, if any;
e) The location of any exiting or proposed railway lines or spur tracks.
3.5.1.9
The application may be made by means of an instrument other than Plan of
Subdivision if:
a) A parcel is to be subdivided into not more than two lots;
b) No public roadway or reserve land is required to be provided;
c) The Land Titles Registrar does not require a Plan of Subdivision.
3.5.1.10 Applications made by means of an instrument other than a proposed Plan of
Subdivision shall include a sketch showing:
a) The location, dimensions and boundaries of the land to be subdivided;
b) , And boundaries of each new lot to be created;
c) Location and dimensions of buildings on land that is the subject of the
application and specify which buildings are proposed to be demolished
or moved, if any.
3.5.1.11 The Subdivision Authority may also require an applicant to submit any or all of
the following:
a) A map of the land that is to be subdivided and shows topographic
contours at not greater than 1.5 m intervals and related to the geodetic
datum, where practicable;
b) If the proposed subdivision is not to be served by a water distribution
system, the provision, availability and suitability of potable water on
the land to be subdivided shall be demonstrated by an engineering
assessment;
c) An assessment of subsurface characteristics of the land that is to be
subdivided including, but not limited to, susceptibility to slumping or
subsidence, depth to water table and suitability for any proposed onsite
sewage disposal system;
d) If the land that is the subject of an application is located in a potential
flood plain and flood plain mapping is available, a map showing the 1:100
year flood zones;
e) If a proposed subdivision is not to be served by a wastewater collection
system, the intended method of providing sewage disposal facilities to
each lot in the proposed subdivision shall be demonstrated through an
engineering assessment;
f)
Information respecting the land use and land surface characteristics of
land within 0.8 kilometres of the land proposed to be subdivided;
g) Any portion of the parcel of land affected by the proposed subdivision
is situated within 1.5 kilometres of a sour gas facility, a map showing the
location of the sour gas facility;
h) Conceptual scheme that related the application to future subdivision and
development of adjacent area.
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3.6
DECISION ON SUBDIVISION APPLICATIONS
3.6.1
PROCESSING
Once a subdivision application has been received, Section 5(3) of the Subdivision and
Development Regulations specifies which agencies an application must be referred to.
They may be circulated to the following:
a) The school authority having jurisdiction over the land to be subdivided;
b) Deputy Minister of the Department of Environmental Protection;
c) Any public utility which services the land of the area being subdivided;
d) Deputy Minister of Transportation and Utilities;
e) Deputy Minister of the Minister responsible for administration of the (Public
Lands Act);
f)
The Alberta Energy Regulator (AER) and Utilities Board;
g) The Deputy Minister of the Minister charged with the administration of the
(Historical Resources Act);
h) If the land is situated within an irrigation district, the Board of Directors of
the district;
i)
The Municipality within which the land is proposed to be subdivided if
the Council or a designated officer is not a Subdivision Authority for that
Municipality;
j)
Each municipality that has a boundary adjacent to land that is subject
to the application for subdivision unless otherwise provided for in the
applicable inter-municipal development plan;
k) Any other person and local authorities that the Subdivision Authority
considers necessary.
3.6.2
NOTICE
A notice of the subdivision application is mailed, by regular mail, to owners of the land
adjacent to the land that is the subject of the application. The notice shall describe
the nature of the application, the method of obtaining further information about
the application, a map of the subdivision, the manner and time within which written
submissions may be made to the Subdivision Authority, and the time and date a
decision on the application will be made, per Section 653 of the MGA.
The Subdivision Authority shall consider the comments of those persons to whom an
application for subdivision approval is referred, but is not bound by them.
3.6.3
TIMEFRAME
Upon receiving a completed subdivision application, the Municipality must issue a
decision within sixty (60) days of the date received.
If a decision cannot be issued within the prescribed time, the MGA allows the
Municipality to enter into a Time Extension Agreement with the applicant. If the
applicant chooses not to enter into a Time Extension Agreement, they may file an
appeal according to Section 8 of this policy, on the basis of a deemed refusal.
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3.6.4
DECISIONS
Once a decision has been made on an application, the decision must be issued to the
applicant. The decision is issued on a Decision Form along with an attached sketch. The
notice of decision may be approved and may contain conditions of approval, or it may
be refused and must provide reasons for the refusal. The decision is not considered valid
until it is issued to the applicant in writing. The decision is valid for one (1) year from the
date of decision.
3.6.5
ENDORSEMENT & CONDITIONS MET
Prior to registration of the subdivision at the Land Titles Office, the applicant must obtain
the endorsement of their registerable instrument from the Subdivision Authority.
The Municipality is responsible to ensure that the final plan submitted complies with
what was approved by the Subdivision Authority and that the applicant has met all the
conditions of approval.
The applicant shall be required to notify the Municipality once conditions of subdivision
approval have been met. The Municipality shall verify that conditions have been met
and upon confirmation shall authorize the endorsement of the registerable instrument.
3.6.6
REGISTRATION
Upon receipt of an endorsed registerable instrument the applicant is responsible for
submitting the document to the Land Titles Office for registration. The applicant has one
(1) year from the date of endorsement to register the subdivision.
If for some reason the applicant cannot finalize their subdivision within one (1) year, the
applicant may apply to Council for an extension period of one year.
3.7
APPEALS ON SUBDIVISION DECISIONS
The subdivision process allows for an appeal against a decision of the Subdivision
Authority. Appeals are filed with either the Subdivision and Development Appeal Board
or the Municipal Government Board in Edmonton, pursuant to the MGA.
3.7.1
THE MGA SPECIFIES WHO MAY FILE AN APPEAL:
a) The applicant for subdivision;
b) The local Municipality;
c) The school authority, with respect to reserves.
An appeal filed by the applicant, Municipality, or school authority must be filed within
thirty (30) days of receipt of the written decision.
The relevant appeal board may approve, conditionally approve, or refuse the
application and is not bound by the subdivision and development regulation.
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3.8
DUTIES & RESPONSIBILITIES OF ADMINISTRATIVE AGENCIES
3.8.1
DEVELOPMENT OFFICER
3.8.1.1
The Development Officer:
a) Shall keep and maintain for the inspection of the public during office
hours, a copy of this Bylaw and all amendments thereto and ensure that
copies of same are available to the public at reasonable charge;
b) Shall keep a register of all applications for development, including the
decisions thereon and the reasons therefore, and all orders for a minimum
period of seven (7) years;
c) Shall receive, consider and may decide on applications for a
development permit;
d) May refer development permit applications to the Municipal Planning
Commission for a decision;
e) Shall advise the applicant of an application for a use which is not listed as
a "Permitted Use" or "Discretionary Use" in the district in which the building
or land is situated, of his option of applying to Council for an amendment
to this Bylaw;
f)
Shall sign and issue all approved development permits; and issue all
decisions and notices;
g) Shall carry out duties as prescribed in the MGA with regard to appeals or
designate a person to do the same;
h) Shall perform such duties as established by Council to enforce this Bylaw
in conformance with the MGA;
i)
May initiate lawful action as described in Section 3.10 of this Bylaw
necessary to ensure compliance with or prevent violation of this Bylaw;
j)
May in accordance with Division 4 of the MGA, enter onto the land or into
a building for the purpose of ensuring compliance with this Bylaw.
3.8.2
MUNICIPAL PLANNING COMMISSION
3.8.2.1
The Municipal Planning Commission shall:
a) Decide upon all development permit applications for discretionary uses
referred to it by the Development Officer;
b) Consider and decide on requests for a time extension to a development
permit;
c) Not allow the permanent use of land or a building not listed as a
"Permitted Use" in the district in which the building or land is situated.
May consider uses similar in character and purpose to those listed under
"Discretionary Use";
d) Perform such other duties as described or implied in this Bylaw or as may
be assigned by Council.
3.8.3
SUBDIVISION & DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board is hereby established and shall hear
all appeals in respect of decisions made pursuant to the MGA on development permits
and applications for subdivision. Any decision of the Development Authority may be
appealed to the Subdivision and Development Appeal Board in accordance with
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Section 3.4 of this Bylaw and any decision of the Subdivision and Development Appeal
Board may be appealed to the Court of Appeal on a question of law or jurisdiction in
accordance with the MGA.
3.8.4
DEVELOPMENT REFERRALS
3.8.4.1
The Development Authority shall refer to any adjacent municipality for
consideration and recommendation on any matter or any application for a
development permit that if in their opinion, it is:
a) In the interest of an adjacent municipality;
b) Subject to any inter-municipal agreements or plans.
3.8.4.2
The Development Authority may refer for comment any matter or any
application for a development permit to any authority it deems necessary.
3.8.4.3
Having received a reply on a matter referred to any adjacent municipality, or
any authority, the Development Authority shall give due consideration to the
aforesaid recommendations.
3.8.4.4
After thirty (30) days from the date of referral, the application may be dealt
with by the Development Authority whether or not comments have been
received.
3.9
FORMS, NOTICES & FEES
For the purpose of administering the provisions of this Bylaw, Council may by resolution
authorize the use of such forms and notices and the imposition of such fees as in its
discretion it may deem necessary or desirable.
The forms, notices or fee schedules authorized by Council pursuant to this Bylaw may be
posted, issued, mailed, served, or delivered in the course of the Development Officer's
duties.
3.10
ENFORCEMENT
3.10.1
RIGHT OF ENTRY
3.10.1.1 Pursuant to the MGA, an authorized person may enter into or upon any
land or building within the municipal boundary for the purpose of ensuring
compliance with the MGA, this Bylaw and approvals granted under this Bylaw.
3.10.1.2 The Development Officer and the Bylaw Enforcement Officer are designated
as the "authorized persons" for purpose of Section 3.10.1.1.
3.10.2
CONTRAVENTION
3.10.2.1 Any owner, lessee or occupant of land, or a building or a structure thereon,
who contravenes any provisions of this Bylaw commits an offence.
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3.10.2.2 Any contractor, worker or other person who undertakes development
for which a development permit is required but has not been issued or is
not subsisting under this Bylaw, or is in contravention of a condition of a
development permit issued under this Bylaw, commits an offence.
3.10.2.3 Where the Council or a person appointed by it carried out an order, the
Council shall cause the costs and expenses incurred in carrying out the order
to be placed on the tax roll and that amount shall be collected in the same
manner as taxes on land.
3.10.2.4 When it appears to the Development Officer that a development permit has
been obtained by fraud or misrepresentation, the Development Officer may
suspend or cancel the development permit.
3.10.3
OFFENSES & PENALTIES
3.10.3.1 A person who contravenes this Bylaw or obstructs or hinders any person in
performance of these powers or duties under this Bylaw, is guilty of an offence
and is liable to a fine and if no fine is specified, to a fine of not more than ten
thousand dollars ($10,000.00) in accordance with the Act.
3.10.3.2 The Development Authority Officer or any other person identified as a
designated officer by the Council for the purposes of this Section shall be
authorized to issue violation tickets in respect to any contravention of this
Bylaw.
3.10.3.3 A violation ticket shall specify the alleged offence committed by the person
to whom the violation ticket is issued and require payment, within twenty one
(21) days from the date of issue of the violation ticket, of a fine to the Town.
3.10.3.4 Each day that a breach of the Bylaw has occurred may be considered to be
a separate offence.
3.10.3.5 If a person who has been served with a violation ticket fails to pay the fine
specified therein, then the right of the alleged offender to settle the alleged
offence without a court appearance shall no longer apply and prosecution for
the alleged offence shall proceed.
3.10.3.6 If the person who was served with a violation ticket is thereafter prosecuted
and convicted of the offence specified in the violation ticket, a fine shall be
imposed for each offense.
3.11
BYLAW AMENDMENT PROCESS
3.11.1
APPLICATION AMENDMENT PROCESS
3.11.1.1 Any amendment of this Bylaw shall be made by an amending by-law pursuant
to the MGA, following a public hearing in accordance with the MGA. If
the proposed amendment is at variance with adopted statutory plans, the
Development Authority shall advise the applicant that the amendment must
be made to the statutory plans prior to or concurrently with the amendment to
this Bylaw.
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3.11.1.2 An application for amendment may be made by an owner of a property, or
his authorized agent or other person(s) having a legal interest in the property
and shall be made to the Development Authority for processing and referred
to the Council.
3.11.1.3 Council may initiate an amendment to this Bylaw by directing the
Development Authority to prepare an application form.
3.11.1.4 An applicant may be required to submit an Area Structure Plan for approval
by Council prior to redistricting the land.
3.11.1.5 Where an amendment to change this Bylaw is refused another application
with respect to the same site, for a change in land use designation may not be
submitted until at least six (6) months after the date of refusal, unless otherwise
directed by Council pursuant to the MGA.
3.11.1.6 The cost of advertising for the public hearing on the matter shall be borne by
the applicant.
3.11.1.7 As required by the MGA, Council must include in the notice of amending
bylaw, which is advertised in a newspaper circulating in the Municipality:
a) The municipal address, if any, and legal address of the parcel of land;
and
b) A map showing the location of a parcel of land.
3.11.2
PLANS & INFORMATION REQUIREMENTS
3.11.2.1 A statement of the reasons for the request to amend the Bylaw;
3.11.2.2 A properly dimensioned map of an appropriate scale indicating the property
to be amended, its relationship to existing land uses within a 1 km (0.62 mi.)
Radius of the boundaries of the property and any prominent geographic or
natural features;
3.11.2.3 The appropriate fee as amended from time to time by Council Resolution; and
3.11.2.4 Where the applicant is an agent acting for the owner, a letter from the
owner(s) verifying the agent's authority to make the application.
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[This page has been included for double sided printing]
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
51
4.0
GENERAL LAND USE REGULATIONS & PROVISIONS
52
4.1
GENERAL LAND USE REGULATIONS
52
4.1.1
SITE DIMENSIONS
52
4.1.2
SPECIAL SETBACK REQUIREMENTS
52
4.1.3
SETBACK & DEVELOPMENT ON LANDS SUBJECT TO FLOODING OR NEAR SLOPES
53
4.1.4
DEVELOPMENT IN THE VICINITY OF PRIMARY & SECONDARY HIGHWAYS
55
4.1.5
UTILITIES
55
4.1.6
ACCESSORY BUILDINGS
55
4.1.7
LANDSCAPING, RETAINING WALLS & FENCING
56
4.1.8
OUTSIDE STORAGE & GARAGE STORAGE
56
4.1.9
TEMPORARY CAMPING
57
4.1.10
SPECIAL EVENTS
57
4.1.11
TELECOMMUNICATION ANTENNA STRUCTURES
57
4.1.12
RELOCATION OF BUILDINGS
57
4.1.13
NON-CONFORMING USES & BUILDINGS
58
4.1.14
DRAINAGE
59
4.1.15
CONTROLLED APPEARANCE
59
4.1.16
DEMOLITION OF BUILDINGS
59
4.1.17
CHILD CARE FACILITIES
59
4.1.18
CANNABIS RELATED USES
60
4.1.19
SHIPPING CONTAINERS
61
4.1.20
BREWERIES, DISTILLERIES, AND/OR WINERIES
61
4.1.21
RESTRICTED LIVESTOCK GRAZING
61
GENERAL LAND USE
REGULATIONS &
PROVISIONS
PART 4
TOWN OF TURNER VALLEY LAND USE BYLAW
52
4.0
GENERAL LAND USE REGULATIONS &
PROVISIONS
4.1
GENERAL LAND USE REGULATIONS
4.1.1
SITE DIMENSIONS
4.1.1.1
No permit shall be issued for any development on a site, the area or width of
which is less than the minimum prescribed for the district in which the site is
located. A site of separate record in the Land Titles Office containing less than
the required minimum area or width may be used subject to the discretion
of the Development Authority if all other requirements of this Bylaw and
amendments hereto are observed.
4.1.1.2
Area, width and depth requirements specified in the districts do not apply to a
municipal or an environmental reserve site or a site to be used for public utility
purposes.
4.1.2
SPECIAL SETBACK REQUIREMENTS
4.1.2.1
Sites other than corner sites which have frontages on two streets are
recognized as having two front yards and the development shall comply with
the setbacks for the respective district.
4.1.2.2
For discretionary uses, yards in excess of the minimum requirements may be
required when deemed necessary by the Development Authority.
4.1.2.3
A freestanding sign must be located so as to comply with the front yard
setback requirements applicable to the principal building unless otherwise
provided.
4.1.2.4
The minimum distances required for yards do not apply to:
a) Construction wholly beneath the surface of the ground;
b) Unenclosed patios, decks, sidewalks when any portion does not rise
above the finished ground elevation and are wholly within the site;
c) Eaves which project onto a yard, a distance not exceeding 0.61 m (2.00
ft);
d) Balconies, fireplaces, sills, canopies, and cornices which project onto:
i)
A front yard a distance not exceeding 0.61 m (2.00 ft);
ii)
A rear yard a distance not exceeding 1.5 m (4.92 ft); and
iii)
Only one of two required 1.22 m (4.00 ft.) side yards a distance not
exceeding 0.61 m (2.00 ft.); and
iv)
Either required 1.5 m (4.92 ft) side yards a distance not exceeding
0.61 m (2.00 ft.)
e) Steps which may encroach 1 m (3.28 ft.) into a side yard setback except
into the unobstructed side yard of a laneless subdivision.
f)
When the site is to be developed for duplex dwellings and multi-unit
housing, the following exceptions apply:
TOWN OF TURNER VALLEY LAND USE BYLAW
53
i)
Where each half of a duplex dwelling, no side yard shall be required
on the side of the dwelling unit which abuts the adjacent dwelling
unit by means of a fire separation; and
ii)
Where the dwelling units of a row house building, no side yard shall
be required on either side in the case of an internal dwelling unit
and no side yard shall be required on the interior side of the end
dwelling unit.
4.1.3
SETBACK & DEVELOPMENT ON LANDS SUBJECT TO FLOODING OR NEAR SLOPES
4.1.3.1
Lands Subject to Floods:
a) All proposed buildings or structures shall be sited a distance of 30 m (98.42
ft) from the Flood Risk Area for the 1:100 year design flood, of the Sheep
River, as established by the Government of Alberta as part of the Flood
Hazard Identification Program. The approximate location of the Floodway
and Flood Fringe areas in the Municipality are hereby established as
shown in Figure 1.
b) Notwithstanding 4.1.3.1 a) development in the 30 m setback area as
established above and/or the Flood Fringe area of the Sheep River may
be permitted provided that adequate protection from flood damage
is provided. Applicants must demonstrate to the satisfaction of the
Development Authority that preventive engineering and construction
measures can be instituted to make the site suitable for proposed
development.
c) It is the responsibility of the developer to provide adequate protection
against flooding, settlement and slumping, and to engage such
professional assistance as shall be necessary to protect the development.
d) Subject to approvals from the province as required, no development or
use other than those listed below may be permitted in the Floodway of
the Sheep River:
i)
Temporary structures for agricultural use;
ii)
Public parks;
iii)
Roads and parking (parking limited to parking associated with
public parks);
iv)
Bike and ski trails;
v)
Flood control structures;
vi)
Natural areas;
vii) Boat and canoe launch areas;
viii) Extensive agriculture;
e) Additions or enlargements made to existing buildings in the Flood Fringe
area require flood proofing measures.
f)
No inside or outside storage of hazardous materials, such as chemicals,
explosives, flammable liquids, toxic or waste materials that cannot be
readily removed in the event of flood shall be allowed in the flood risk
area.
TOWN OF TURNER VALLEY LAND USE BYLAW
54
Figure 1.
Floodway & Flood Fringe Areas
TOWN OF TURNER VALLEY LAND USE BYLAW
55
4.1.3.2
Lands Adjacent to Slopes:
a) All proposed buildings or structures adjacent to an escarpment or a slope
where the grade exceeds 15% shall be sited:
i)
At least 30 m (98.42 ft) from the top of the escarpment or slope as
determined by Council; and
ii)
At least 30 m (98.42 ft) from the toe of the escarpment or slope as
determined by Council.
b) Notwithstanding the district regulations, no development shall be
permitted 30 m (98.42 ft) from the top or toe of an escarpment bank or
from any steep slope where the grade exceeds 15% unless the proposed
development is proven to be safe through engineering studies. The
Development Authority may at their discretion reduce the setback
requirements if the applicant provides satisfactory study of bank stability,
or approvals from the province as required.
4.1.4
DEVELOPMENT IN THE VICINITY OF PRIMARY & SECONDARY HIGHWAYS
4.1.4.1
No development permit shall be issued for development within 0.8 km (0.49
mi.) of the boundary of the right-of-way of a highway where the posted
speed limit is 80 km per hour or over, until a permit under regulations made in
accordance with the (Public Highways Development Act) has been issued by
Alberta Transportation.
4.1.5
UTILITIES
4.1.5.1
Each dwelling unit in a duplex dwelling or rowhouse dwelling complex shall be
serviced individually and directly connected to the sewer, water and gas utility
lines located within the public right-of-way.
4.1.6
ACCESSORY BUILDINGS
4.1.6.1
All accessory buildings shall be located at least 1.8 m (5.90 ft.) from any
principal building.
4.1.6.2
Notwithstanding Section 4.1.6.1 when a building used or proposed to be used
as an accessory building is located or proposed to be located closer to a
principal building than 1.8 m (5.90 ft.) it shall be connected to that principal
building by a structural element including for purposes of example but not
limited to: common foundation, common roof, common wall.
4.1.6.3
For the purpose of calculating yard setbacks and site coverage requirements
as provided in this Bylaw, an accessory building shall be deemed to be part of
the principal building if it is attached in accordance with Section 4.1.6.2.
4.1.6.4
When a site abuts a lane 6 m (19.68 ft.) or less in width, the Development
Authority may require a rear yard setback for accessory buildings greater than
the prescribed minimum.
4.1.6.5
Drainage of water from an accessory building must be managed and
maintained within the property, and shall not be drained into adjoining
properties.
TOWN OF TURNER VALLEY LAND USE BYLAW
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4.1.6.6
In residential districts, accessory buildings less than 10 m2 (107.6 sq ft.)" may
occupy yards to a maximum cumulative area of 20 m2 (215 sq ft). These
structure(s) shall not have a permanent foundation, shall not be located in
the front yard, shall not have eaves encroaching into an adjacent property,
shall not exceed 3 m. (9.84 ft) in height or cause an obstruction for emergency
access to the rear yard. These structures may project over or onto a required
minimum rear or side yard with no limit.
4.1.7
LANDSCAPING, RETAINING WALLS & FENCING
4.1.7.1
Any area required to be landscaped may, at the discretion of the
Development Authority, be left in its natural state or be loamed and planted
with grass, trees, shrubs, and/or flowers, or similar materials or a combination
thereof which enhance the appearance of the site and which complement
the development thereon.
4.1.7.2
Where a development permit is granted, and landscaping is part of the
development approval, the required landscaping must be completed within
twenty four (24) months of issuance of the permit. The Development Authority
may require the applicant to provide a letter of credit or post a bond of such
amount to ensure completion of any landscaping.
4.1.7.3
A person shall not construct a fence in a residential or commercial district
which is higher than:
a) 1 metre (3.28 feet) in the front yard or in the case of a site in the Central
Business District, within 3 metres of the front yard property line, or
b) 2 metres (6.56 feet) in a side or rear yard.
4.1.7.4
The height of a fence in an industrial or urban reserve shall be determined by
the Development Authority.
4.1.7.5
With the exception of the Urban Reserve District no fence shall be of barbed
wire construction below a height of 2 m (6.56 ft.).
4.1.7.6
Electric fences shall be prohibited within the municipal boundaries.
4.1.7.7
Retaining walls greater that 1 m (3.28 ft.) in height require an Engineers stamp
of approval to the satisfaction of the Development Authority
4.1.8
OUTSIDE STORAGE & GARAGE STORAGE
4.1.8.1
Garbage shall be:
a) Stored in weatherproof and animal proof containers;
b) Managed in accordance with the Town of Turner Valley Refuse Bylaw;
c) Screened from adjacent sites and public thoroughfares; and
d) In a location easily accessible for pickup.
4.1.8.2
Outside Storage:
a) Where permitted shall be screened from adjacent sites and thoroughfares
to the satisfaction of the Development Authority;
b) Outside storage of recreation vehicles will be allowed on properties
where there is a permanent residence on the site in a residential or Urban
Reserve District to a maximum of two.
TOWN OF TURNER VALLEY LAND USE BYLAW
57
4.1.9
TEMPORARY CAMPING
No camping will be allowed on any properties unless there is a permanent residence on
the site or unless a development permit has been issued for a campground.
4.1.10
SPECIAL EVENTS
4.1.10.1 For all special events, the following standards shall apply:
a) The location of the special event shall be in the side or rear yard of the
parcel in which it is situated on, and poses no risk to adjacent buildings
and or surrounding land uses resulting from scale, traffic, or interface;
b) The special event shall be a temporary use of land and shall only include
the use of temporary structures. The special event and temporary
structure must be removed when the maximum number of days is
complete;
c) The special event must comply with all other applicable municipal
regulations.
4.1.10.2 Special events requiring a development permit:
a) For special events located in residential areas that exceed more than
one (1) event per calendar year, and for special events in non-residential
areas that exceed eight (8) events per calendar year, a development
permit is required, and the following additional standards shall apply:
i)
The special event shall be erected for a maximum of fifteen (15)
consecutive days and thirty (30) cumulative days over a calendar
year. Time required for set up and take down are not considered
part of the event, or shall be at the discretion of the Development
Authority;
ii)
The special event operating hours shall comply with all applicable
municipal bylaws and regulations, or may be determined at the
discretion of the Development Authority.
4.1.11
TELECOMMUNICATION ANTENNA STRUCTURES
The Federal Government (Industry Canada) is responsible for regulating radio
communication in Canada and for authorizing the location of radio communication
facilities, including telecommunication antenna structures. Telecommunication
antenna structures shall be permitted in all districts and developed in accordance with
all applicable legislation, regulations, bylaws and associated approvals.
4.1.12
RELOCATION OF BUILDINGS
4.1.12.1 Where a development permit is to be approved for the relocation of a
building either on the site or from another site, the Development Authority
shall require the applicant to provide a performance bond or letter of credit in
the minimum amount, as determined by the Development Authority to insure
completion of any renovation set out as a condition of the approval of a
permit and to cover costs in the event of any damages to public, quasi-public
utilities as a result of a relocation.
TOWN OF TURNER VALLEY LAND USE BYLAW
58
4.1.12.2 All structural and exterior renovations to a relocated building are to be
completed within one (1) year of the issuance of the development permit.
4.1.12.3 Whenever a relocation is carried out, the person causing the same to be
made shall at his own expense, protect from displacement, any wall, sidewalk
or roadway liable to be affected by such relocation and shall sustain, protect
and underpin the same so that they will remain in the same condition as
before the relocation was commenced.
4.1.12.4 In order to determine that the building would meet the requirements of this
Bylaw, the Development Officer may travel to inspect the building which is
proposed to be moved in, or may request another qualified person to do so
and to report back. In either case the expenses of such an inspection shall be
paid by the applicant before any development permit is issued.
4.1.13
NON-CONFORMING USES & BUILDINGS
4.1.13.1 A nonconforming 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 may be deemed necessary by the Development Officer for the routine
maintenance of the building.
4.1.13.2 If a nonconforming building is damaged or destroyed by fire or other causes to
an extent of more than 75% of the value of the building above its foundation,
the building shall not be repaired or rebuilt except in conformity with the
provisions of this Bylaw.
4.1.13.3 A nonconforming use of land or a building may be continued, but if that use
is discontinued for a period of six (6) consecutive months or more, a future use
shall conform to the provisions of this Bylaw.
4.1.13.4 The use of land or of a building is not affected by reason of a change of
ownership, tenancy or occupancy of the land or building.
4.1.13.5 A nonconforming 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.
4.1.13.6 A nonconforming use of part of a site shall not be extended or transferred in
whole or in part to any other part of the site and no additional buildings shall
be erected upon the site while the nonconforming use continues.
4.1.13.7 No existing building or structure shall be deemed a nonconforming building
because of noncompliance with a metric equivalent used in this Bylaw where
it conformed to the imperial measurement used in the Zoning Bylaw 386 at the
date of its repeal or Bylaw 98-753 at the date of its repeal.
4.1.13.8 When a building is a nonconforming building solely by reason of its
encroachment into a required front, side or rear yard or inadequate parking,
the Development Authority may allow an extension of or an addition to
the building if such extension or such addition will not in itself constitute an
encroachment into any required yard and if such extension or addition
complies with the provisions of this Bylaw.
TOWN OF TURNER VALLEY LAND USE BYLAW
59
4.1.13.9 When a building is a nonconforming or a noncomplying building on a site, a
subdivision of the site may be allowed if the proposed new site to be created
complies in all other respects to the provisions of the Bylaw.
4.1.14
DRAINAGE
4.1.14.1 Any area requiring landscaping or topographic reconstruction shall be
landscaped and/or reconstructed so that the finished surface contours do not
direct surface drainage onto an adjoining site.
4.1.15
CONTROLLED APPEARANCE
4.1.15.1 The design, character and appearance of any building, or series of buildings,
structure or sign proposed to be erected or located in any district, must be
acceptable to the Development Authority having due regard to the amenities
and the character of existing development in the district, as well as to its effect
on adjacent districts.
4.1.16
DEMOLITION OF BUILDINGS
4.1.16.1 Where a development permit is to be approved for the demolition of a
building the Development Authority may require the applicant to provide a
performance bond or a letter of credit in the minimum amount as determined
by the Development Authority to cover costs of reclamation and damage to
public, quasi-public utilities.
4.1.16.2 Whenever a demolition is carried out the person causing the same to be
made, shall, at his own expense, protect from displacement any wall, sidewalk
or roadway or other utility liable to be affected by such demolition and shall
sustain, protect and underpin the same so that they will remain in the same
condition as before the demolition was commenced and that adequate
measures shall be taken by way of fencing and screening to ensure the
general public safety.
4.1.16.3 Whenever a development permit is issued for the demolition of a building it
shall be a condition of the permit that the site shall be properly cleaned, with
all debris removed, and left in a graded condition.
4.1.17
CHILD CARE FACILITIES
4.1.17.1 In considering whether a Child Care Facility would be suitable for the location
proposed, the Development Authority shall take into consideration:
a) The design and intensity of the facility being proposed relative to the
density of the district;
b) Potential vehicle and pedestrian traffic generation;
c) Proximity to parks or other open space areas;
d) The site's relationship to surrounding uses;
e) Buffering between surrounding uses if required;
f)
The availability of the site to accommodate an outdoor play area, if required;
g) The distance from a retail cannabis store; and
h) The location of the facility within a building in accordance with the
Alberta Building Code.
TOWN OF TURNER VALLEY LAND USE BYLAW
60
4.1.17.2 The number of children and employees (including paid employees and
volunteers) allowed on site at any time, and all other relevant factors, such as
the type of facility (day care, out of school, preschools) shall adhere to and
comply with all applicable provincial regulations and approvals.
4.1.18
CANNABIS RELATED USES
4.1.18.1 Retail Cannabis Store:
a) Is a location where the sale of cannabis can only occur where it has been
approved through a development permit for a use where it is specifically
allowed in the use definition and rules;
b) A copy of the retail cannabis licence issued by the Alberta Gaming,
Liquor and Cannabis Commission shall be provided as a condition of
development permit approval prior to occupancy;
c) May not have any part of an exterior wall that is located within 100 m
(metres) of:
i)
A parcel that contains a school;
ii)
A parcel that is designated as school reserve or municipal and
school reserve under the MGA; or
iii)
Parcel that contains a provincial health care facility.
d) The premises must operate separately from other businesses;
e) The maximum operating hours shall be 10:00 a.m. to 12:00 a.m. (midnight)
daily, excluding those dates of closure mandated by the Province of
Alberta;
f)
The public entrance and exit to the premises must be direct to the
outdoors and customer access to the premises is limited to a store front
that is visible from the street;
g) Advertising inside the premises shall not be visible from the outside;
h) No outside storage of cannabis goods, materials or supplies shall be
allowed on the site;
i)
Is subject to the sign control requirements as set out in Section 12.0; and
j)
The Development Authority shall take into consideration the distance from
a child care facility
4.1.18.2 Cannabis Production & Distribution:
a) Is a location where the production and distribution of cannabis can only
occur where it has been approved through a development permit for a
use where it is specifically allowed in the use definition and rules;
b) Must possess a licence for all activities associated with cannabis growing,
processing, packaging, testing, destruction, or storage as issued by Health
Canada;
c) All the processes and functions associated with the use shall be fully
enclosed within a stand-alone building;
d) Must have equipment designed and intended to remove odours from the
air where it is discharged from the facility as part of the ventilation system;
and must be maintained in good operating condition at all times;
e) May have an ancillary building or structure used for security purposes
located on the parcel containing the use;
f)
Garbage containers and waste material shall be contained within the
building;
TOWN OF TURNER VALLEY LAND USE BYLAW
61
g) Is where the development authority may require, as a condition of a
development permit, a Public Utility, Water and Waste Management Plan,
completed by a qualified professional, that may include details on:
i)
Incineration of waste products and air borne emission, including
smell;
ii)
The quality and characteristics of liquid and waste material
discharged by the facility;
iii)
Method and location of collection and disposal of liquid and waste
material;
iv)
The mitigation of over strength sewage loading; and
v)
Water conservation methods employed
h) Is subject to the sign control requirements as set out in Section 12.0
4.1.19
SHIPPING CONTAINERS
4.1.19.1 Shipping containers shall be prohibited within parking spaces, drive aisles,
driveways, and fire access routes.
4.1.19.2 Shipping containers shall adhere to all general requirements for accessory
buildings as identified in Section 4.1.6, and all specific requirements as
identified in the designated land use district in which they are listed.
4.1.19.3 Shipping containers shall be only located in the rear or side yard of a parcel,
and shall match the general appearance of the principal building.
4.1.19.4 Shipping containers shall be used for storage of goods or materials that are
accessory to the operation of a business or facility, or residence, on the parcel
on which they are located.
4.1.19.5 The stacking of shipping containers is prohibited.
4.1.20
BREWERIES, DISTILLERIES, AND/OR WINERIES
4.1.20.1 The use area for operation of breweries, distilleries, and/or wineries shall not
exceed 600 square meters in area.
4.1.21
RESTRICTED LIVESTOCK GRAZING
4.1.21.1 The keeping and rearing of livestock is restricted to not exceeding a grazing
capacity of one animal unit per 1.2 ha (3 acres) of land, with the exception of
three (3) animal units on parcels between three (3) and nine (9) acres;
4.1.21.2 Where one animal unit means;
a) One (1) mature cow, bull or horse,
b) Four (4) miniature horses,
c) One (1) mature cow, and five (5) calves (less than 500 lbs),
d) One (1) mature mare and foal,
e) Two (2) mature donkeys
f)
One (1) mule
g) Two (2) yearlings, or
h) Five (5) sheep or goats
TOWN OF TURNER VALLEY LAND USE BYLAW
62
i)
Twelve (12) lambs
j)
Two (2) pigs
k) Thirty (30) chickens
l)
Ten (10) geese or turkey
m) Five (5) alpaca/llamas
4.1.21.3 Notwithstanding 4.1.21.2, the Approving Authority may determine the number
of animals equivalent to one animal unit for any kind of animal not named
above.
4.1.21.4 Notwithstanding 4.1.21.2, calves, foals, lambs, gilts, or kids at mothers' side (not
weaned) are not considered to be Animal Units.
4.1.21.5 In all locations where livestock is kept for grazing purposes, the following
standards shall apply;
a) Pasture management shall be maintained to prevent overgrazing;
b) Manure management shall be implemented to prevent runoff onto
adjacent lands, and to reduce odour; and
c) The development shall comply with all relevant provincial and federal
policy and or regulation, including but not limited to the Agricultural
Operation Practices Act.
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
ESTABLISHMENT OF LAND USE
DISTRICTS
63
LAND USE DISTRICTS
PART 5
5.0
ESTABLISHMENT OF LAND USE DISTRICTS
64
5.1
LAND USE DISTRICTS
64
5.2
DISTRICTS
64
5.3
LAND USE MAP
64
6.0
RESIDENTIAL DISTRICTS
68
6.1
GENERAL RULES FOR RESIDENTIAL DISTRICTS
68
6.2
RESIDENTIAL SINGLE DETACHED DISTRICT (R-1) LAND USE
73
6.3
RESIDENTIAL TWO DWELLING DISTRICT (R2) LAND USE RULES
76
6.4
RESIDENTIAL MULTI-UNIT DISTRICT (R3) LAND USE RULES
80
6.5
RESIDENTIAL RURAL DISTRICT (RR) LAND USE RULES
84
7.0
COMMERCIAL DISTRICTS
88
7.1
GENERAL RULES FOR COMMERCIAL DISTRICTS
88
7.2
CENTRAL BUSINESS DISTRICT (CB) LAND USE RULES
91
7.3
HIGHWAY COMMERCIAL DISTRICT (CHWY) LAND USE RULES
94
8.0
INDUSTRIAL DISTRICTS
98
8.1
GENERAL RULES FOR INDUSTRIAL DISTRICTS
98
8.2
LIGHT INDUSTRIAL DISTRICT (I1) LAND USE RULES
99
8.3
GENERAL INDUSTRIAL DISTRICT (I2) LAND USE RULES
102
9.0
OPEN SPACE DISTRICTS
106
9.1
URBAN RESERVE DISTRICT (UR) LAND USE RULES
106
9.2
PUBLIC SERVICE DISTRICT (PS)
110
10.0 DIRECT CONTROL DISTRICTS
112
10.1
DIRECT CONTROL DISTRICT (DC) LAND USE RULES
112
TOWN OF TURNER VALLEY LAND USE BYLAW
64
5.0
ESTABLISHMENT OF LAND USE DISTRICTS
5.1
LAND USE DISTRICTS
For the purposes of this Bylaw, the land within the boundaries of the Municipality shall be
divided into one or more of the districts as established in Section 5.2.
Throughout this Bylaw and amendments thereto, a district may be referred to either by
its full name or its abbreviation as set out in Section 5.2.
5.2
DISTRICTS
-
Residential Single Detached District (R1)
-
Residential Two Dwelling District (R-2)
-
Residential Multi-Unit Dwelling District (R-3)
-
Residential Rural District (RR)
-
Central Business District (CB)
-
Highway Commercial District (CHWY)
-
Light Industrial District (I-1)
-
General Industrial District (I-2)
-
Urban Reserve District (UR)
-
Direct Control District (DC)
-
Public Service District (PS)
5.3
LAND USE MAP
5.3.1
GENERAL
5.3.1.1
The Municipality is hereby divided into districts as provided in Section 5.2 and
their boundaries are delineated on the map referred to in Figure 2 which may
be known as the Land Use Map.
5.3.1.2
The Land Use Map, as may be amended or replaced by bylaw from time
to time, is "2" attached to and forming part of this Bylaw and among other
things, bearing the following identification:
a) Land Use Map;
b) Figure 2 of Bylaw;
c) Adopted by Council this ___ day of ___, 2000 AD;
d) Signatures of the Mayor and Chief Administrative Officer.
5.3.1.3
In the event that a dispute should arise over the precise location of a
boundary of any district as shown on the Land Use Map, the Council shall
decide thereon.
TOWN OF TURNER VALLEY LAND USE BYLAW
65
6.5.6.1
Land Use Map
Figure 3.
Land Use Map
TOWN OF TURNER VALLEY LAND USE BYLAW
66
[This page has been included for double sided printing]
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
RESIDENTIAL DISTRICTS
67
LAND USE DISTRICTS
RESIDENTIAL
PART 6
6.0
RESIDENTIAL DISTRICTS
68
6.1
GENERAL RULES FOR RESIDENTIAL DISTRICTS
68
6.1.1
SPECIAL REQUIREMENTS
68
6.1.2
DWELLING UNITS ON SITE
68
6.1.3
COMPREHENSIVE RESIDENTIAL DEVELOPMENT REQUIREMENTS
68
6.1.4
HOME OCCUPATIONS
69
6.1.5
BED & BREAKFAST ACCOMMODATION
70
6.1.6
OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT
70
6.1.7
SECONDARY SUITES
71
6.1.8
GROUP HOMES
72
6.2
RESIDENTIAL SINGLE DETACHED DISTRICT (R-1) LAND USE
73
6.2.1
PURPOSE & INTENT
73
6.2.2
PERMITTED & DISCRETIONARY USES
73
6.2.3
GENERAL REQUIREMENTS
74
6.2.4
MINIMUM REQUIREMENTS
74
6.2.5
MAXIMUM LIMITS
75
6.2.6
EXCEPTIONS
75
6.3
RESIDENTIAL TWO DWELLING DISTRICT (R2) LAND USE RULES
76
6.3.1
PURPOSE & INTENT
76
6.3.2
PERMITTED & DISCRETIONARY USES
76
6.3.3
GENERAL REQUIREMENTS
77
6.3.4
MINIMUM REQUIREMENTS
77
6.3.5
MAXIMUM LIMITS
78
6.3.6
SPECIAL REQUIREMENTS
79
6.3.7
EXCEPTIONS
79
6.4
RESIDENTIAL MULTI-UNIT DISTRICT (R3) LAND USE RULES
80
6.4.1
PURPOSE & INTENT
80
6.4.2
LIST OF PERMITTED & DISCRETIONARY USES
80
6.4.3
GENERAL REQUIREMENTS
81
6.4.4
MINIMUM REQUIREMENTS
81
6.4.5
MAXIMUM LIMITS
82
6.4.6
LANDSCAPING REQUIREMENTS
83
6.4.7
CONTROLLED APPEARANCE
83
6.4.8
OTHER REQUIREMENTS
83
6.5
RESIDENTIAL RURAL DISTRICT (RR) LAND USE RULES
84
6.5.1
PURPOSE & INTENT
84
6.5.2
LIST OF PERMITTED & DISCRETIONARY USES
84
6.5.3
GENERAL REQUIREMENTS
84
6.5.4
MINIMUM REQUIREMENTS
85
6.5.5
MAXIMUM LIMITS
86
6.5.6
EXCEPTIONS
86
TOWN OF TURNER VALLEY LAND USE BYLAW
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6.0
RESIDENTIAL DISTRICTS
6.1
GENERAL RULES FOR RESIDENTIAL DISTRICTS
6.1.1
SPECIAL REQUIREMENTS
6.1.1.1
The Development Authority may specify such other requirement as deemed
necessary or desirable having regard to the nature of the proposed
development and the purpose of the district.
6.1.2
DWELLING UNITS ON SITE
Unless otherwise stipulated in this Bylaw only one single detached residential dwelling
shall be allowed on a site.
6.1.3
COMPREHENSIVE RESIDENTIAL DEVELOPMENT REQUIREMENTS
6.1.3.1
Comprehensive residential developments must be based upon a
comprehensively prepared concept which includes, but is not limited to, unit
size, amenity areas, landscaping, transportation and pedestrian linkages,
infrastructure and parking requirements, and such other information which
may be required by the Development Authority.
6.1.3.2
The principal entry for every dwelling unit must be separated and be directly
accessible to ground level.
6.1.3.3
The arrangement of the buildings in a comprehensive residential development
is subject to approval of the Development Authority. Separate titles for
individual dwelling units within a comprehensively planned building group may
only be created by means of a bare land condominium plan.
The following are examples of Comprehensive Residential Developments
shown in different potential lot and unit-type configurations.
STREET
LANE
STREET
STREET
LANE
STREET
COTTAGE-STYLE CLUSTER DEVELOPMENT
BARELAND CONDOMINIUM TOWNHOUSE DEVELOPMENT
INTERNAL ROADWAY
INTERNAL ROADWAY
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6.1.4
HOME OCCUPATIONS
Home occupations are divided into two categories, major and minor and are guided
by the following general provisions.
6.1.4.1
Minor Home Occupations:
a) The minor home occupation is intended for the purpose of a business
operated by the resident that includes business associated visitors to the
residence;
b) The minor home occupation shall be operated as an accessory use only,
and shall not change the principal character or external appearance of
the dwelling in which it is located;
c) The minor home occupation shall not employ any person who lives
outside of the home;
d) The minor home occupation shall have a maximum of fifteen (15) visits
per week which includes but is not limited to drop-offs, pick-ups, deliveries,
and visits from customers or consultants;
e) Minor home occupations shall not generate traffic uncharacteristic to the
residential area;
f)
The minor home occupation may not extend beyond the confines of the
primary residential dwelling. There shall be no outside storage of materials,
goods or equipment on the site;
g) The minor home occupation shall be a maximum of 25% of the floor area
of the principal dwelling or 50 sq. m., Whichever is greater;
h) Maximum number of minor home occupations: Two (2) minor home
occupation per dwelling unit (includes secondary suites).
6.1.4.2
Major Home Occupations:
a) The major home occupation is intended for the purpose of a business
operated by the resident that includes business associated visitors to the
residence, with the addition of non-resident employees, use of accessory
buildings, and use of one (1) commercial vehicle;
b) The major home occupation shall be operated as an accessory use only,
and shall not change the principal character or external appearance of
the dwelling in which it is located;
c) The major home occupation may employ up to two (2) additional persons
who do not live within the subject residence;
d) The major home occupation shall have a maximum of fifteen (15) visits to
the property, per day which includes but is not limited to drop-offs, pick-
ups, deliveries, and visits from customers or consultants;
e) Major home occupations may not generate traffic uncharacteristic to the
area;
f)
One (1) onsite parking stall shall be provided for each employee and
each vehicle used by the home occupation, plus those required for the
residential use;
g) The major home occupation may have one (1) commercial vehicle in
conjunction with the business that has a gross vehicle weight rating of
no more than 3500 kg. The vehicle must be parked on the property at all
times when not in use. On-street parking is not permitted;
h) There shall be no visible outside storage of materials, goods or equipment
on the site, but the utilization of accessory buildings may be acceptable.
TOWN OF TURNER VALLEY LAND USE BYLAW
70
i)
The major home occupation shall be a maximum of 25% of the floor area
of the principal dwelling or 100 sq. m., Whichever is greater;
j)
Maximum number of major home occupations: One (1) major home
occupation per parcel (includes secondary suites);
6.1.4.3
General Regulations Governing Home Occupations:
a) There shall be no mechanical or electrical equipment used which creates
visual, audible or electrical interference with radio or television reception;
b) No commodity other than the product or service of the home occupation
shall be sold on the premises;
c) Any vehicles parked on-street or off-street as a result of the home
occupation shall, in the opinion of the Development Authority, not be a
source of inconvenience to adjacent landowners or tenants or exceed
5,500 kg (12,125.22 lbs.);
d) The home occupation shall not, in the opinion of the Development
Authority, be a source of inconvenience, materially interfere with or
affect the use, enjoyment or value of neighbouring properties, by way
of excessive noise, smoke, steam, odour, dust, vibration or refuse matter
which would not commonly be found in the neighbourhood;
e) If at any time any of the requirements for a home occupation have not,
in the opinion of the Development Authority, been complied with, the
Development Authority may suspend or cancel the development permit
for the home occupation, pursuant to the provisions under the MGA;
f)
One (1) sign is permitted in accordance with Section 3.1.2.
6.1.5
BED & BREAKFAST ACCOMMODATION
Bed and breakfast accommodation shall not interfere with the rights of other residents
to quiet enjoyment of a residential neighbourhood. Bed and breakfast accommodation
shall be an incidental and subordinate use to the principal residential use, shall be
restricted to the dwelling unit, and:
a) Shall not require any alterations to the building and shall not change the
principal character or external appearance of the dwelling involved;
b) Bed and breakfast operations are limited to those uses which are
approved by the Development Authority for the dwelling where they
are carried on for a period not exceeding one (1) year at which time
application may be made for the continuance of the use;
c) Employees working in the occupation shall be limited to the residents of
the dwelling unit; and
d) One (1) parking stall shall be provided per rented room, plus the number
required for the dwelling.
6.1.6
OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT
6.1.6.1
No person shall be allowed to keep or maintain on a site or street:
a) The parking of commercial vehicles with a gross vehicle weight (GVW)
rating in excess of 5,500 kg (12,125 lbs.) each;
b) An industrial or construction vehicle except when such a vehicle is
required pursuant to a development or building permit for that site;
TOWN OF TURNER VALLEY LAND USE BYLAW
71
c) Any object or chattel which, in the opinion of the Development Authority,
is unsightly or tends to adversely affect the amenities of the district;
d) Mobile homes.
6.1.7
SECONDARY SUITES
Figure 2.
Secondary Suite Types
6.1.7.1
As demonstrated in Figure 2. Secondary Suite Types, a secondary suite may be
located in:
a) A basement suite or upper floor suite;
b) A garden suite (at grade, single-storey secondary suite, accessory to the
primary building);
c) An attached garage suite; or
d) An above detached garage suite.
6.1.7.2
Secondary suites shall:
a) Comply with all Alberta Building Code standards, fire regulations and all
municipal and provincial regulations;
b) Have minimal structural changes to the front outside of the building and
shall appear as a single dwelling unit;
c) Not exceed 40% of gross floor area of existing principal dwelling;
d) Be a minimum of 30 m2 (323 sq. ft.)
e) Provide parking in accordance with Section 11.0 of this Bylaw, located
where accessible for the user of the suite, on site with a rear laneway, the
secondary suite should be located in the rear yard from the laneway. All
parking spaces provided for the suite should at minimum be graded and
graveled to the satisfaction of the Development Authority;
f)
Not exceed one (1) secondary suite per parcel of land;
g) Not generate traffic uncharacteristic to the residential area;
h) Not disturb the quiet enjoyment of the residential environment;
6.1.7.3
A secondary suite shall provide access to an outdoor amenity space, and may
include a private amenity space to provide visual privacy, including patios
and or courtyards, and balconies and or porches when the secondary suite is
located in a separate structure to the principal dwelling.
TOWN OF TURNER VALLEY LAND USE BYLAW
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6.1.8
GROUP HOMES
6.1.8.1
Group Homes shall be:
a) Located on a collector road; and
b) Located on a corner site and/or have access from a lane.
6.1.8.2
Authority shall take into consideration:
a) The design and intensity of the facility being proposed relative to the
density of the district;
b) Potential vehicle and pedestrian traffic generation;
c) Proximity to parks or other open space areas;
d) The sites' relationship to surrounding residential lots; and
e) Existing and proposed buffering to minimize impacts on surrounding
residential properties.
6.1.8.3
The maximum number of residents and employees for the facility shall be in
accordance with all applicable provincial regulations.
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6.2
RESIDENTIAL SINGLE DETACHED DISTRICT (R-1) LAND USE
6.2.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for low density residential
neighbourhoods primarily accommodating single detached residential development.
6.2.2
PERMITTED & DISCRETIONARY USES
6.2.2.1
Permitted Uses:
-
Accessory Buildings
-
Home Occupations - Minor
-
Public Parks
-
Single Detached Dwellings
-
Special Events
6.2.2.2
Discretionary Uses:
-
Bed and Breakfast Accommodations
-
Child Care Facilities
-
Community Buildings and Facilities
-
Group Home Lot 5, W Portion of Lot 4, Block 6, Plan 954GV (409 Sunset Blvd
SW) ONLY
-
Home Occupations - Major
-
Private Swimming Pools
-
Public and Quasi Public Installations and Facilities
-
Religious Institutions
-
Secondary Suites
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6.2.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 6.1 and 11.0, the
following provisions as contained within this section shall apply to every development in
this District.
6.2.4
MINIMUM REQUIREMENTS
6.2.4.1
Area of Site:
a) 405 m2 (4360 sq. ft.)
6.2.4.2
Width of Site:
a) 13.3 m (43.63 ft.), except for Lot 11, Block 16, Plan 3603 F.D. With a width of
site of 13.71 m (45.00 ft.).
6.2.4.3
Front Yard:
a) On sites fronting on a collector street: 6 m (19.68 ft.)
b) All other sites: 5 m (16.40 ft.)
6.2.4.4
Side yards:
a) Principal Buildings:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
Lane-less site without attached garage: One side 3 m (9.84 ft.) and
the other 1.5 m (4.92 ft.)
iii)
All other: 1.5 m (4.92 ft.)
b) New Accessory Buildings containing a Secondary Suite:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
All other: 1.5 m (4.92 ft.)
c) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
All other: 0.61 m (2.00 ft.)
6.2.4.5
Rear Yard:
a) Principal Buildings:
i)
Laned sites: 7.5 m (24.60 ft.)
ii)
Laneless sites: 6 m (19.68 ft.)
b) Decks and Balconies:
i)
Laned sites: 3 m
ii)
Laneless sites: 4 m
c) New Accessory Buildings containing a Secondary Suite:
i)
1.5 m (4.92 ft.)
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d) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite:
i)
1 m (3.28 ft.)
6.2.4.6
Garages:
a) The setback of a garage or carport from the edge of a street right of way,
where the vehicle entrances faces the street shall be 6 m (19.68 ft.)
6.2.4.7
Habitable Floor Area:
a) Single Detached Dwellings: 89m2 (958 sq. ft.)
b) Two storey Single Detached Dwellings: 130m2 (1,399 sq. ft.)
6.2.5
MAXIMUM LIMITS
6.2.5.1
Coverage of Site:
a) All buildings together, including accessory buildings: 40% of site area
b) All accessory buildings: 15% of site area
6.2.5.2
Height of Buildings:
a) Principal Buildings: 10 m (32.80 ft.)
b) Accessory buildings containing a Secondary Suite: 9 m (29.53 ft.)
c) Other Accessory buildings: 6 m (19.68 ft.) provided roof design and pitch is
similar to roof design and pitch on the principle building
6.2.5.3
Residential Buildings on Same Site:
a) One (1) principal dwelling and one secondary suite
6.2.6
EXCEPTIONS
a) To allow an Interfaith Food Bank to operate out of the building at Lots 25
and 26, Block 2, Plan 8054 EK (125 Royal Avenue NW).
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6.3
RESIDENTIAL TWO DWELLING DISTRICT (R2) LAND USE RULES
6.3.1
PURPOSE & INTENT
6.3.1.1
The purpose and intent of this District is to provide for residential neighborhoods
allowing up to four (4) dwelling units per parcel, primarily accommodating
single detached dwellings and duplex dwellings.
6.3.2
PERMITTED & DISCRETIONARY USES
6.3.2.1
Permitted Uses:
-
Accessory Buildings
-
Duplex Dwellings
-
Home Occupations - Minor
-
Public Parks
-
Single Detached Dwellings
-
Special Events
6.3.2.2
Discretionary Uses:
-
Bed and Breakfast Accommodations
-
Child Care Facilities
-
Community Buildings and Facilities
-
Four-plexes
-
Home Occupations - Major
-
Lodging Houses
-
Private Swimming Pools
-
Public and Quasi Public Installations and Facilities
-
Religious Institutions
-
Rowhouse Dwellings
-
Secondary Suites
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6.3.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Section 4.0, 6.1 and 11.0, the
following provisions as contained within this section shall apply to every development in
this District.
6.3.3.1
Comprehensive residential development shall comply with the Comprehensive
Residential Development Requirements as outlined in Section 6.1.3.
6.3.4
MINIMUM REQUIREMENTS
6.3.4.1
Area of Site:
a) Single Detached Dwellings: 464 m2 (4,994 sq. ft.)
b) Duplex Dwellings:
i)
Each dwelling unit with a side yard abutting a street: 372 m2 (4,004
sq. ft.)
ii)
All other dwelling units: 326 m2 (3509 sq. ft.)
c) Rowhouse Dwellings:
i)
For each internal dwelling unit and end dwelling unit: 279 m2 (3,003
sq. ft.)
ii)
For each dwelling unit with a side yard abutting a street: 326 m2
(3,509 sq. ft.)
6.3.4.2
Width of Site:
a) Single Detached Dwellings: 13.3 m (43.63 ft.)
b) Duplex Dwellings:
i)
For each unit with side by side yard abutting a street: 10.5 m (34.45
ft.)
ii)
All other dwelling units: 9 m (29.53 ft.)
c) Rowhouse Dwellings:
i)
For each internal and end dwelling unit: 9 m (29.53 ft.)
ii)
For each end dwelling unit with a side yard abutting a street: 10.5 m
(34.45 ft.)
6.3.4.3
Front Yard:
a) On site fronting a collector street: 6 m (19.68 ft.)
b) All other sites: 5 m (16.40 ft.)
6.3.4.4
Side Yards:
a) Principal Buildings:
i)
Street side or corner site: 3 m (9.84 ft.)
ii)
Laneless site without attached garage: One side 3 m (9.84 ft.) and
the other 1.5 m (4.92 ft.)
iii)
All other: 1.5 m (4.92 ft.)
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b) Accessory Buildings:
i)
Street side or corner site: 3 m (9.84 ft.)
ii)
All other: 0.61 m (2.00 ft.)
c) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite:
i)
Street side of corner site: 3m (9.84 ft.)
ii)
All other: 0.61m (2.00 ft.)
6.3.4.5
Rear Yard:
a) Principal Building:
i)
Laned sites: 7.5 m (24.60ft.)
ii)
Laneless sites: 6 m (19.68ft.)
b) Duplex Dwellings in a Comprehensive Residential Development- Laneless
sites:
i)
When development is abutting Public Open Space: 5 m (16.40ft.)
ii)
When development is not abutting Public Open Space: 6 m (19.68ft.)
c) Decks and Balconies:
i)
Laned sites: 3 m
ii)
Laneless sites: 4 m
d) New Accessory Buildings containing a Secondary Suite: 1.5 m (4.92 ft.)
e) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite: 1 m (3.28 ft.)
6.3.4.6
Principal buildings within a Comprehensive Residential Development shall
be separated by 3 m (9.84 ft.). All other setbacks are at the discretion of the
Development Authority.
6.3.4.7
Garages:
The setback of a garage or carport from the edge of a street right of way,
where the vehicle entrances faces the street shall be 6 m (19.68 ft.)
6.3.5
MAXIMUM LIMITS
6.3.5.1
Coverage of Site:
a) All buildings including accessory buildings: 40% of site area
b) All accessory buildings: 15% of site area
c) Duplex Dwellings in a Comprehensive Residential Development: 45% of
site area
6.3.5.2
Height of Buildings:
a) Principal Buildings: 10 m (32.80 ft.)
b) Accessory Buildings containing a Secondary Suite: 9 m (29.53 ft)
c) Accessory buildings: 6 m (19.68 ft.) provided roof design and pitch is
similar to roof design and pitch on the principal building.
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6.3.6
SPECIAL REQUIREMENTS
6.3.6.1
A minimum area of 186m2 (2,002 sq. ft.) shall be provided per dwelling unit in
a duplex dwelling for landscaping and recreational purposes, and should be
located in the rear or side yards, and may include balconies and recreational
facilities within the building including patios, private swimming pools, and
recreational areas for the free use of the residents.
6.3.7
EXCEPTIONS
6.3.7.1
Notwithstanding Section 6.1.8 the minimum habitable floor area per unit for Lot
3, Block 6, Plan 3138 FM shall be 60 m2 (646 sq. ft.).
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6.4
RESIDENTIAL MULTI-UNIT DISTRICT (R3) LAND USE RULES
6.4.1
PURPOSE & INTENT
6.4.1.1
The purpose and intent of this District is to provide for a mixture of housing
forms primarily accommodating duplex dwellings, rowhouse dwellings, four-
plexes, apartments and comprehensive residential development.
6.4.2
LIST OF PERMITTED & DISCRETIONARY USES
6.4.2.1
Permitted Uses:
-
Accessory Buildings
-
Apartments
-
Four-plexes
-
Home Occupations - Minor
-
Public Parks
-
Rowhouse Dwellings
-
Special Events
6.4.2.2
Discretionary Uses:
-
Bed and Breakfast Accommodations
-
Duplex Dwellings
-
Home Occupations - Major
-
Lodging Houses
-
Private Swimming Pools
-
Public and Quasi Public Installations and Facilities
-
Secondary Suite
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6.4.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 6.1 and 11.0, the
following provisions as contained within this section shall apply to every development in
this District.
6.4.3.1
Comprehensive Residential Development shall comply with the
Comprehensive Residential Development Requirements as outlined in Section
6.1.3.
6.4.4
MINIMUM REQUIREMENTS
6.4.4.1
Area of Site:
a) Apartment buildings (this includes unit, parking, recreation and
landscaping):
i)
Bachelor Unit: 100 m2 (1,076 sq. ft.)
ii)
1 Bedroom Unit: 124 m2 (1,334 sq. ft.)
iii)
2 Bedroom Unit: 179 m2 (1,927 sq. ft.)
iv)
3 Bedroom Unit: 204 m2 (2,196 sq. ft.)
v)
4 Bedroom Unit: 204 m2 (2,196 sq. ft.)
b) Rowhouse Dwellings:
i)
For each internal dwelling unit: 279 m2 (3,003 sq. ft.)
ii)
For each end dwelling unit: 279 m2 (3,003 sq. ft.)
iii)
For each dwelling unit with a side yard abutting a street: 326 m2
(3,509 sq. ft.)
c) Duplex Dwellings:
i)
Each dwelling unit with a side yard abutting a street: 372 m2 (4,004
sq. ft.)
ii)
All other dwelling units: 320m2 (3,445 sq. ft.)
d) Four-plexes: 186 m2 (2,002 sq. ft.) for each dwelling unit
e) All other uses: at the discretion of the Development Authority
6.4.4.2
Width of Site:
a) Rowhouse Dwellings:
i)
For each internal dwelling unit: 9 m (29.53 ft.)
ii)
Each end dwelling unit: 9 m (29.53 ft.)
iii)
Each end dwelling unit with a side yard abutting a street: 10.5 m
(34.45 ft.)
b) Duplex Dwellings:
i)
For each dwelling unit; except as in (c) below: 9 m (29.53 ft.)
ii)
Dwelling unit with a side yard abutting a street: 10.5 m (34.45 ft.)
c) Duplex Dwellings: 15 m (49.21 ft.);
d) Four-plexes: 24 m (78.74 ft.);
e) All other uses: at the discretion of the Development Authority.
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6.4.4.3
Front Yard:
a) On sites fronting a collector street: 6 m (19.68 ft.)
b) All other sites: 5 m (16.40 ft.)
6.4.4.4
Side Yards:
a) Principal Buildings:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
Laneless site without attached garage: One side 3 m (9.84 ft.) and
the other 1.5 m (4.92 ft.)
iii)
All other: 1.5 m (4.92 ft.)
b) New Accessory Buildings containing a Secondary Suite:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
Other: 1.5 m (4.92 ft.)
c) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite:
i)
Street side of a corner site: 3 m (9.84 ft.)
ii)
All other: 0.61 m (2.00 ft.)
6.4.4.5
Rear Yard:
a) Principal Buildings: 7.5 m (24.60 ft.)
b) New Accessory Buildings containing a Secondary Suite: 1.5 m (4.92 ft.)
c) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite: 1 m (3.28 ft.)
6.4.4.6
Habitable Floor Area Per Unit:
a) Rowhouse Dwellings: 74 m2 (797 sq. ft.)
b) Apartments: 46 m2 (495 sq. ft.)
6.4.4.7
Principal buildings within a Comprehensive Residential Development shall
be separated by 3 m (9.84 ft.). All other setbacks are at the discretion of the
Development Authority.
6.4.5
MAXIMUM LIMITS
6.4.5.1
Height of Buildings:
a) Principal Buildings: 10 m (32.80 ft.)
b) Accessory Buildings containing a Secondary Suite: 9 m (29.53 ft.)
c) Accessory buildings: 6 m (19.68 ft.) provided roof design and pitch is
similar to roof design and pitch on the principal building
6.4.5.2
Coverage of Site:
a) Principal Buildings: 45% of site area
b) All Accessory Buildings: 15% of site area
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6.4.6
LANDSCAPING REQUIREMENTS
6.4.6.1
Dwelling units must be landscaped, including screening in accordance with
the plan approved by the Development Authority.
6.4.6.2
In determining the recreational amenity area, facilities such as balconies,
patios, private swimming pools or games rooms shall be used. Landscaping
shall not include walkways to and from the principal or accessory buildings.
6.4.7
CONTROLLED APPEARANCE
6.4.7.1
On sites developed for apartments, and Comprehensive Residential
Developments, the facade of the building, the location of recreational
facilities and the quality of landscaped areas shall be provided to the
satisfaction of the Development Authority.
6.4.7.2
All development in this District must be designed to maximize the development
potential and design in accordance with adopted Municipal Statutory Plans.
6.4.7.3
In examining any proposed use for this District, due regard shall be paid to the
compatibility of the proposed use with existing uses on or adjacent to the site.
6.4.7.4
The facade of building in this District shall be maintained to the standards as
shown on the site plan approved by the Development Authority.
6.4.8
OTHER REQUIREMENTS
6.4.8.1
The maximum density allowable on the land legally described as Ptn of Lot 2,
Block 24, Plan 9210468, a Ptn of Road Plan 9311984 and a Ptn of SE ¼ -12-20-3
W5M shall be 68 dwelling units comprised of no more than fifty (50) apartment
units and eighteen (18) duplex units.
TOWN OF TURNER VALLEY LAND USE BYLAW
84
6.5
RESIDENTIAL RURAL DISTRICT (RR) LAND USE RULES
6.5.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for single detached residential
neighbourhoods having larger parcel sizes in a rural setting.
6.5.2
LIST OF PERMITTED & DISCRETIONARY USES
6.5.2.1
Permitted Uses:
-
Accessory Buildings
-
Home Occupations - Minor
-
Public Parks
-
Single Detached Dwellings
-
Special Events
6.5.2.2
Discretionary Uses:
-
Bed and Breakfast Accommodations
-
Home Occupations - Major
-
Public and Quasi Public Installations and Facilities
-
Secondary Suites
-
Shipping Containers
6.5.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Section 4.1, 6.1 and 11.0, the
following provisions as contained within this section shall apply to every development in
this District.
TOWN OF TURNER VALLEY LAND USE BYLAW
85
6.5.4
MINIMUM REQUIREMENTS
6.5.4.1
Area of Site:
a) 0.1 hectares (0.25 acre)
6.5.4.2
Width of Site:
a) 22.86 m (75.00 ft.)
6.5.4.3
Front Yard:
a) Adjacent to a Provincial Highway without an intervening service road: As
required by Alberta Transportation
b) On sites fronting on a collector: 6 m (19.68 ft.)
c) All other sites: 5 m (16.40 ft.)
6.5.4.4
Side Yards:
a) Principal Building:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
All other: 1.5 m (4.92 ft.)
b) New Accessory Buildings containing a Secondary Suite:
i)
Side of corner site: 3 m (9.84 ft.)
ii)
All other: 1.5 m (4.92 ft.)
c) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite:
i)
Street side of corner site: 3 m (9.84 ft.)
ii)
All other: 0.61 m (2.00 ft.)
6.5.4.5
Rear Yard:
a) Adjacent to a Provincial Highway without an intervening service road:
i)
As required by Alberta Transportation
b) Principal Building:
i)
Laned sites: 7.5 m (24.60 ft.)
ii)
Laneless sites: 6 m (19.68 ft.)
c) Decks and Balconies:
i)
Laned sites: 3 m
ii)
Laneless sites: 4 m
d) New Accessory Buildings containing a Secondary Suite:
i)
1.5 m (4.92 ft.)
e) Other Accessory Buildings including conversions of existing garages to a
Secondary Suite: 1 m (3.28 ft.)
TOWN OF TURNER VALLEY LAND USE BYLAW
86
6.5.4.6
Garages:
a) The setback of a garage or carport from the edge of a street right of way,
where the vehicle entrances faces the street shall be 6 m (19.68 ft.)
6.5.4.7
Habitable Floor Area:
a) Single Detached Dwellings: 112 m2 (1,205 sq. ft.)
6.5.5
MAXIMUM LIMITS
6.5.5.1
Coverage of Site:
a) All buildings including accessory buildings: 40% of site area
b) All accessory buildings: 15% of site area
6.5.5.2
Height of Buildings:
a) Principal Buildings: 10 m (32.80 ft.)
b) Accessory buildings containing Secondary Suites: 9 m (29.53 ft.)
c) Other Accessory buildings: 6 m (19.68 ft.) provided roof design and pitch is
similar to roof design and pitch on the principle building
6.5.5.3
Residential Buildings on Same Site:
a) One principal dwelling and one Secondary Suite
6.5.6
EXCEPTIONS
a) That Lot 19, Block 2, Plan 8910678 shall have a site width of approximately
27 m (88.58 ft.)
b) That Lot 3S, Block C, Plan 7611163 shall have a site area of approximately
0.093 hectare (0.23 acres) and a site width of approximately 20.42 m (67
ft.)
c) That Lot 3N, Block C, Plan 7611163 shall have a site area of approximately
0.073 hectare (0.18 acres) and a site width of approximately 16.15 m (53
ft.)
d) That Lot 6, Block E, Plan 7611163 shall have a site area of approximately
0.093 hectare (0.23 acres)
e) That Lot 7, Block E, Plan 7611163 shall have a site area of approximately
0.081 hectare (0.20 acres)
f)
That the following sites shall have a minimum site area of 0.4 hectares (1
acre), shall have a minimum side setback for principal buildings of 5 m
(16.40 ft.), shall have a minimum side setback for other Accessory Buildings
including conversions of existing garages to Secondary Suites of 2.4 m
(7.87 ft.);
i)
Lots 1,2,4,5,& 6, Block 2, Plan 8011291
ii)
Lots 8, & 9, Block 2, Plan 9511646
iii)
Lots 19, & 20 Block 2, Plan 8910678
iv)
Lot 5, Plan 8610274
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
COMMERCIAL DISTRICTS
87
LAND USE DISTRICTS
COMMERCIAL
PART 7
7.0
COMMERCIAL DISTRICTS
88
7.1
GENERAL RULES FOR COMMERCIAL DISTRICTS
88
7.1.1
CONTROLLED APPEARANCE
88
7.1.2
PARKING
88
7.1.3
SCREENING
88
7.1.4
UTILITIES
88
7.1.5
MIXED USE RESIDENTIAL COMMERCIAL
89
7.1.6
GAS BARS & SERVICE STATIONS
89
7.1.7
OUTSIDE STORAGE
89
7.1.8
OTHER REQUIREMENTS
89
7.1.9
DRIVE-THROUGH FACILITIES
89
7.2
CENTRAL BUSINESS DISTRICT (CB) LAND USE RULES
91
7.2.1
PURPOSE & INTENT
91
7.2.2
LIST OF PERMITTED & DISCRETIONARY USES
91
7.2.3
GENERAL REQUIREMENTS
92
7.2.4
MINIMUM REQUIREMENTS
92
7.2.5
MAXIMUM LIMITS
93
7.2.6
LANDSCAPING
93
7.2.7
EXCEPTIONS
93
7.3
HIGHWAY COMMERCIAL DISTRICT (CHWY) LAND USE RULES
94
7.3.1
PURPOSE & INTENT
94
7.3.2
LIST OF PERMITTED & DISCRETIONARY USES
94
7.3.3
GENERAL REQUIREMENTS
95
7.3.4
MINIMUM REQUIREMENTS
95
7.3.5
MAXIMUM LIMITS
96
7.3.6
LANDSCAPING
96
7.3.7
SETBACKS
96
TOWN OF TURNER VALLEY LAND USE BYLAW
88
7.0
COMMERCIAL DISTRICTS
7.1
GENERAL RULES FOR COMMERCIAL DISTRICTS
7.1.1
CONTROLLED APPEARANCE
7.1.1.1
All development in commercial districts must be designed to maximize
the development potential and design in accordance with the Municipal
Development Plan adopted or under preparation and any other adopted
Statutory Plan;
7.1.1.2
The exterior finishing materials of the proposed development must be those as
shown on the approved plan;
7.1.1.3
In examining any proposed use for commercial districts, due regard shall be
paid to the compatibility of the proposed use with existing uses on or adjacent
to the site;
7.1.1.4
The facade of buildings in commercial districts shall be maintained to the
standard as shown on the site plan approved by the Development Authority.
7.1.1.5
Notwithstanding any other provision of this Bylaw, the Development Authority
may allow a building to be occupied by a combination of one or more of
the permissible uses listed for commercial districts, and each use shall be
considered as a separate use.
7.1.1.6
Where the site is part of a larger area, the whole of which may eventually be
developed and for which no comprehensive plan has been prepared, the
Development Authority may require the submission of a comprehensive plan
for the whole area before dealing with the application and may require that
the plan be prepared by an architect or planner.
7.1.2
PARKING
7.1.2.1
On-site parking provided shall be located at least 1.5 m (4.92 ft.) from the front
property line;
7.1.2.2
Where a proposed development abuts an existing residential site, adequate
screening and/or buffering of the parking area shall be provided to the
satisfaction of the Development Authority.
7.1.3
SCREENING
7.1.3.1
All apparatus on the roof shall be screened to the satisfaction of the
Development Authority.
7.1.3.2
All sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority.
7.1.4
UTILITIES
7.1.4.1
Onsite utilities services shall be underground.
TOWN OF TURNER VALLEY LAND USE BYLAW
89
7.1.5
MIXED USE RESIDENTIAL COMMERCIAL
7.1.5.1
Residential development shall not to be located below the second storey.
7.1.5.2
Residential development shall have direct access to the outside street level.
7.1.5.3
A residential use shall not be located on the same floor as a commercial use.
7.1.5.4
A retail cannabis store shall not be located in a mixed use residential /
commercial development.
7.1.5.5
Residential development shall provide parking in accordance with Section
11.0 of this Bylaw.
7.1.6
GAS BARS & S
7.1.6.1
Minimum Area of Site: 929 m2 (10,000 sq. ft.)
7.1.6.2
Minimum Width of Site: 30 m (98.42 ft)
7.1.6.3
Setback of Buildings and Structures:
a) The proposed location(s) and design of all fuel storage tanks shall fulfill the
requirements and setback provisions of Provincial safety codes.
b) The ventilation tank pipes shall have a minimum height of 3.5 m from
grade, and a minimum setback of 1.0 m from any property line. In cases
where the ventilation tank pipes are adjacent to a building opening, the
setback requirement shall be a minimum of 1.2 m.
c) The ventilation tank pipes shall have a minimum setback of 7.5 m from any
fuel dispensing unit.
7.1.7
OUTSIDE STORAGE
7.1.7.1
Outside storage of material or equipment including vehicles used in the
operation of the commercial activity may be permitted if such storage is
screened from all public roadway excepting lanes to the satisfaction of the
Development Authority.
7.1.8
OTHER REQUIREMENTS
7.1.8.1
The Development Authority may specify such other requirements as it
deems necessary or desirable having regard to the nature of a proposed
development and the purpose of the district.
7.1.8.2
The Development Authority may consider applications for uses similar in
character and purpose to those listed under discretionary uses.
7.1.8.3
Accessory buildings shall be subject to the regulations of Section 4.1.6.
7.1.9
DRIVE-THROUGH FACILITIES
7.1.9.1
Drive-through facilities accessory to the principal use, shall be developed in
accordance with the following standards;
TOWN OF TURNER VALLEY LAND USE BYLAW
90
a) The drive-through facility shall not impede pedestrian movement on the
subject site, to and from the principal use;
b) The drive-through facility should not face into a public road or be located
within a required minimum building or landscaping setback;
c) Where possible, the drive-through facility should be delineated and
separated from surrounding circulation areas by landscaping, curbs,
changes in grade, or similar treatments to provide containment and
direction for queuing;
d) Drive-through facilities that are adjacent to a residential district shall not
have a speaker or digital screen oriented towards the residential district;
e) All drive-through queueing areas shall be screened with landscaping to
the satisfaction of the Development Authority; and
f)
Drive-through facilities that are adjacent to a residential district shall
be screened with a fence, landscaping, or other similar treatments
to mitigate visual impacts on the surrounding neighbourhood to the
satisfaction of the Development Authority.
TOWN OF TURNER VALLEY LAND USE BYLAW
91
7.2
CENTRAL BUSINESS DISTRICT (CB) LAND USE RULES
7.2.1
PURPOSE & INTENT
The purpose and intent of this District is to provide a concentrated primary area for retail
and specialty retail development which serve residents and support and encourage
tourism functions. The development and uses will be those that seek to promote the
Downtown area as the civic, social, retail, professional and entertainment core of
Turner Valley. Development in this district will have a high standard of appearance and
performance.
7.2.2
LIST OF PERMITTED & DISCRETIONARY USES
7.2.2.1
Permitted Uses:
-
Accessory Buildings
-
Arts or Crafts Studios
-
Bed and Breakfast Accommodations
-
Business Support Services
-
Child Care Facilities
-
Convenience Stores
-
Entertainment Establishments
-
Financial Institutions
-
Gas Bars
-
Medical Clinics
-
Offices
-
Personal Service Shops
-
Private Recreational Facilities
-
Public and Quasi-Public Installations and Facilities
-
Public Parks
-
Public Recreational Facilities
-
Religious Institutions
TOWN OF TURNER VALLEY LAND USE BYLAW
92
-
Restaurants
-
Retail Stores
-
Retail Food Stores
-
Special Event
-
Specialty Food Stores
7.2.2.2
Discretionary Uses:
-
Breweries, Distilleries, and/or Wineries
-
Community Buildings and Facilities
-
Crematorium
-
Drinking Establishments
-
Funeral Homes
-
Hotels
-
Markets
-
Mixed Use Residential Commercial
-
Motels
-
Parking Lots
-
Private Clubs and Lodges
-
Retail Cannabis Store
-
Retail Stores, Liquor
-
Schools or Colleges, Commercial
-
Service Stations
-
Shipping Containers
7.2.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 7.0 and 11.0, the
following provisions as contained within this section shall apply to every development in
this district.
7.2.4
MINIMUM REQUIREMENTS
7.2.4.1
Area of Site:
a) 140 m2 (1,507 sq. ft.)
7.2.4.2
Width of Site:
a) 4.5 m2 (14.76 ft.)
7.2.4.3
Front Yard:
a) None required
7.2.4.4
Rear Yard:
b) None required
TOWN OF TURNER VALLEY LAND USE BYLAW
93
7.2.4.5
Side Yards:
a) Side adjacent to a residential district: 3 m (9.84 ft.)
b) All other locations: none required
7.2.5
MAXIMUM LIMITS
7.2.5.1
Height of Buildings:
a) 10 m (32.80 ft.)
7.2.6
LANDSCAPING
7.2.6.1
The boulevard and a minimum of 7% of the site area shall be landscaped in
accordance with the plan approved by the Development Authority;
7.2.6.2
A large proportion of the required landscaping shall be concentrated in the
front yard of the site.
7.2.7
EXCEPTIONS
7.2.7.1
Lots 1, 2, P3, 6, 7, Block 3, Plan 7423 DQ shall be allowed to have outside
storage of materials compatible with the lumber yard, provided that it is
fenced and maintained to a standard as shown on the site plan as approved
by the Development Authority.
7.2.7.2
Lot 4, Block 1, Plan 954 GV shall be allowed a discretionary use of a kennel in
the existing building. Maximum number of dogs and cats allowed is fifteen (15);
all animals are to be kept indoors at night.
7.2.7.3
Lots 29 and 30, Plan 2474 DN municipally known as 120 Sunset Blvd. NW, be
allowed a discretionary use of motor vehicle detailing.
7.2.7.4
Lot 4, Block 1, Plan 954 GV shall be allowed a discretionary use of a veterinary
clinic - large animals provided the maximum number of large animals allowed
at one time shall not exceed five (5). All animals are to be kept indoors at all
times.
7.2.7.5
To allow a discretionary use for the operation of a Bottling Return Depot on
Lands 21 to 23, Plan 2474 DN (104 Sunset Blvd. NW).
7.2.7.6
To allow for the discretionary use of an automotive repair business to operate
from the premises located at Lot 6, Block 1, Plan 954GV municipally known
as 109 Sunset Boulevard SE and to continue to use the existing dwelling as a
residence. There is to be no outside storage of materials or equipment.
7.2.7.7
To allow for the discretionary use of a craft distillery business to operate from
the premises located at Lot 8-9, Plan 7211DR municipally known as 113 Sunset
Boulevard SW.
7.2.7.8
To allow for the discretionary use of a craft distillery business to operate from
the premises located at Lot 7-9, Plan 7211DR municipally known as 113 Sunset
Boulevard SW and 111 Sunset Boulevard SW.
TOWN OF TURNER VALLEY LAND USE BYLAW
94
7.3
HIGHWAY COMMERCIAL DISTRICT (CHWY) LAND USE RULES
7.3.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for a limited range of commercial
uses adjacent to major roadways carrying larger volumes of traffic, oriented towards
the traveling and touring public.
7.3.2
LIST OF PERMITTED & DISCRETIONARY USES
7.3.2.1
Permitted Uses:
-
Accessory Buildings
-
Automotive Sales and Rentals
-
Automotive Services
-
Car Washing Establishments
-
Entertainment Establishments
-
Gas Bars
-
Convenience Stores
-
Offices
-
Parking Lots
-
Personal Service Shop
-
Private Clubs and Lodges
-
Private Recreational Facilities
-
Public and Quasi-Public Installations and Facilities
-
Public Parks
-
Restaurants
-
Retail Food Stores
-
Schools or Colleges, Commercial
-
Special Event
-
Specialty Food Stores
TOWN OF TURNER VALLEY LAND USE BYLAW
95
-
Veterinary Clinics
7.3.2.2
Discretionary Uses:
-
Bottle Depots
-
Breweries, Distilleries, and/or Wineries
-
Building Supply Centres
-
Crematorium
-
Drinking Establishments
-
Drive-through Facilities
-
Funeral Home
-
Garden Centre
-
Hotels
-
Markets
-
Mixed Use Residential Commercial
-
Motels
-
Retail Cannabis Store
-
Retail Stores
-
Retail Stores, Liquor
-
Service Stations
-
Shipping Containers
-
Veterinary Clinic, large animals
7.3.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 7.0 and 11.0, the
following provisions as contained within this section shall apply to every development in
this District.
7.3.4
MINIMUM REQUIREMENTS
7.3.4.1
Area of Site:
a) 464 m2 (4,994 sq. ft.)
7.3.4.2
Front Yard:
a) 6 m (19.68 ft.)
7.3.4.3
Side Yards:
a) When it abuts a residential district: 6 m (19.68 ft.)
b) Street side of corner site: 3 m (9.84 ft.)
c) All other: none required
7.3.4.4
Width of Site:
a) 15 m (49.21 ft.)
TOWN OF TURNER VALLEY LAND USE BYLAW
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7.3.5
MAXIMUM LIMITS
7.3.5.1
Height of Buildings:
a) 10 m (32.80 ft.)
7.3.6
LANDSCAPING
7.3.6.1
A minimum of 10% of the site area must be landscaped in accordance with
the plan approved by the Development Authority;
7.3.6.2
A large portion of the required landscaping shall be concentrated in the front
yard of the site.
7.3.6.3
Any trees or shrubs which die must be replaced during the next planting
season.
7.3.7
SETBACKS
7.3.7.1
The front yard requirement shall not apply to gas pumps and signs.
TOWN OF TURNER VALLEY LAND USE BYLAW
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TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
INDUSTRIAL DISTRICTS
98
LAND USE DISTRICTS
INDUSTRIAL
PART 8
8.0
INDUSTRIAL DISTRICTS
98
8.1
GENERAL RULES FOR INDUSTRIAL DISTRICTS
98
8.1.1
SPECIAL REQUIREMENTS
98
8.1.2
VEHICLE STORAGE
98
8.1.3
MINI-STORAGE WAREHOUSES
98
8.1.4
OTHER REQUIREMENTS
98
8.2
LIGHT INDUSTRIAL DISTRICT (I1) LAND USE RULES
99
8.2.1
PURPOSE & INTENT
99
8.2.2
LIST OF PERMITTED & DISCRETIONARY USES
99
8.2.3
GENERAL REQUIREMENTS
100
8.2.4
MINIMUM REQUIREMENTS
100
8.2.5
MAXIMUM LIMITS
100
8.2.6
LANDSCAPING
101
8.3
GENERAL INDUSTRIAL DISTRICT (I2) LAND USE RULES
102
8.3.1
PURPOSE & INTENT
102
8.3.2
LIST OF PERMITTED & DISCRETIONARY USES
102
8.3.3
GENERAL REQUIREMENTS
103
8.3.4
MINIMUM REQUIREMENTS
103
8.3.5
MAXIMUM LIMITS
103
8.3.6
LANDSCAPING
104
TOWN OF TURNER VALLEY LAND USE BYLAW
99
8.0
INDUSTRIAL DISTRICTS
8.1
GENERAL RULES FOR INDUSTRIAL DISTRICTS
8.1.1
SPECIAL REQUIREMENTS
8.1.1.1
Appearance:
a) The exterior finishing materials of the proposed development shall be
those as shown on the approved plan.
8.1.1.2
Screening:
a) All apparatus on the roof shall be screened to the satisfaction of the
Development Authority;
b) All sites abutting a residential district shall be screened from the view of
the residential district to the satisfaction of the Development Authority.
8.1.2
VEHICLE STORAGE
8.1.2.1
Wrecked or damaged vehicles which might be located on the property shall
be stored in an enclosure satisfactory to the Development Authority.
8.1.3
MINI-STORAGE WAREHOUSES
8.1.3.1
Limited to single storey structures;
8.1.3.2
The storage of goods which are explosive, highly flammable, or produce
noxious odors shall be prohibited.
8.1.4
OTHER REQUIREMENTS
8.1.4.1
The Development Authority may specify such other requirements as it
deems necessary or desirable having regard to the nature of the proposed
development and the purpose of the district.
8.1.4.2
The Development Authority may consider applications for uses similar in
character and purpose to those listed under discretionary uses.
TOWN OF TURNER VALLEY LAND USE BYLAW
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8.2
LIGHT INDUSTRIAL DISTRICT (I1) LAND USE RULES
8.2.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for light service industrial use with
limited accessory outside storage.
8.2.2
LIST OF PERMITTED & DISCRETIONARY USES
8.2.2.1
Permitted Uses:
-
Accessory Buildings
-
Auctioning Services
-
Automotive Sales and Rentals
-
Automotive Services
-
Bottle Depots
-
Building Supply Centres
-
Car Washing Establishments
-
Financial Institutions
-
Food Packaging and Processing
-
Garden Centre
-
Industrial Use, Minor
-
Offices
-
Public Parks
-
Recreational Vehicle Sales and Services
-
Restaurants
-
Special Events
-
Veterinary Clinics
TOWN OF TURNER VALLEY LAND USE BYLAW
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8.2.2.2
Discretionary Uses:
-
Breweries, Distilleries, and/or Wineries
-
Cannabis Production and Distribution Facility
-
Crematorium
-
Personal Service Shops
-
Recreational Vehicle Storage
-
Retail Cannabis Store
-
Retail Stores
-
Service Stations
-
Shipping Containers
-
Veterinary Clinics, large animals
8.2.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 8.1 and 9.2, the
following provisions as contained within this section shall apply to every development in
this District.
8.2.4
MINIMUM REQUIREMENTS
8.2.4.1
Area of Site:
a) 557 m2 (5,996 sq. ft.)
8.2.4.2
Width of Site:
a) 18 m (59.05 ft.)
8.2.4.3
Front Yard:
a) 8 m (26.25 ft.)
8.2.4.4
Side Yards:
a) Laneless sites: one (1) unobstructed side yard shall be a minimum of 6 m
(19.68 ft.) excluding flankage sites with alternate rear access
b) Adjacent to a residential district: 3 m (9.84 ft.)
c) Street side of corner site: 3 m (9.84 ft.).
d) All other: none required
8.2.4.5
Rear Yard:
a) 6 m (19.68 ft.)
8.2.5
MAXIMUM LIMITS
8.2.5.1
Height of Buildings:
a) 10 m (32.80 ft.)
TOWN OF TURNER VALLEY LAND USE BYLAW
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8.2.6
LANDSCAPING
8.2.6.1
A minimum 10% of the site area must be landscaped in accordance with the
plan approved by the Development Authority;
8.2.6.2
Any trees or shrubs which die must be replaced during the next planting
season;
8.2.6.3
The majority of the landscaping shall be concentrated in the front yard.
TOWN OF TURNER VALLEY LAND USE BYLAW
103
8.3
GENERAL INDUSTRIAL DISTRICT (I2) LAND USE RULES
8.3.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for an industrial district having a wide
range of light to medium industrial uses.
8.3.2
LIST OF PERMITTED & DISCRETIONARY USES
8.3.2.1
Permitted Uses:
-
Accessory Buildings
-
Agricultural Related Business
-
Auctioning Services
-
Automotive Sales and Rentals
-
Automotive Services
-
Bottling Depots
-
Building Supply Centres
-
Car Washing Establishments
-
Food Packaging and Processing
-
Garden Centre
-
Industrial Use, Minor
-
Industrial Use, Major
-
Parking Lots
-
Public and Quasi-Public Installations and Facilities
-
Public Parks
-
Recreational Vehicle Sales and Services
-
Special Events
-
Truck Terminals
-
Veterinary Clinics
TOWN OF TURNER VALLEY LAND USE BYLAW
104
-
Veterinary Clinics, large animals
8.3.2.2
Discretionary Uses:
-
Abattoirs
-
Breweries, Distilleries, and/or Wineries
-
Bulk Fuel Storage and Distribution Facilities
-
Cannabis Production and Distribution Facility
-
Lumber Yards
-
Recreational Vehicle Storage
-
Retail Cannabis Store
-
Service Stations
-
Shipping Containers
-
Storage Yards
8.3.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 8.1 and 9.2, the
following provisions as contained within this section shall apply to every development in
this District.
8.3.4
MINIMUM REQUIREMENTS
8.3.4.1
Area of Site:
a) 0.25 ha (0.62 acres)
8.3.4.2
Width of Site:
a) 30 m (98.42 ft.)
8.3.4.3
Front Yard:
a) 8 m (26.25 ft.)
8.3.4.4
Side Yards:
a) Adjacent to a residential district: 3 m (9.84 ft.)
b) Laneless Sites: One (1) unobstructed side yard of 6 m (19.68 ft.) excluding
flankage sites with alternative rear access
c) All other: none except as per 26.6.2
8.3.4.5
Rear Yard:
a) 6 m (19.68 ft.)
8.3.5
MAXIMUM LIMITS
8.3.5.1
Height of Buildings:
b) 10 m (32.80 ft.)
TOWN OF TURNER VALLEY LAND USE BYLAW
105
8.3.6
LANDSCAPING
8.3.6.1
A minimum of 5% of the site area must be landscaped in accordance with the
plan approved by the Development Authority;
8.3.6.2
Any trees or shrubs which die must be replaced during the next planting
season.
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE
REQUIREMENTS & AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
OPEN SPACE DISTRICTS
106
LAND USE DISTRICTS
OPEN SPACE
PART 9
9.0
OPEN SPACE DISTRICTS
106
9.1
URBAN RESERVE DISTRICT (UR) LAND USE RULES
106
9.1.1
PURPOSE & INTENT
106
9.1.2
LIST OF PERMITTED & DISCRETIONARY USES
106
9.1.3
GENERAL REQUIREMENTS
107
9.1.4
MINIMUM REQUIREMENTS
107
9.1.5
MAXIMUM LIMITS
107
9.1.6
EXCEPTIONS
107
9.1.7
SPECIAL REQUIREMENTS
109
9.2
PUBLIC SERVICE DISTRICT (PS)
110
9.2.1
PURPOSE & INTENT
110
9.2.2
LIST OF PERMITTED & DISCRETIONARY USES
110
9.2.3
GENERAL REQUIREMENTS
110
9.2.4
MINIMUM REQUIREMENTS
110
9.2.5
LANDSCAPING
110
9.2.6
MAXIMUM LIMITS:
110
TOWN OF TURNER VALLEY LAND USE BYLAW
107
9.0
OPEN SPACE DISTRICTS
9.1
URBAN RESERVE DISTRICT (UR) LAND USE RULES
9.1.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for the continuation of existing rural
pursuits having regard to the Municipal Development Plan, the essentially low density
agricultural characteristics of lands designated UR as well as their proximity to the
developed urban areas and intended future urban development.
9.1.2
LIST OF PERMITTED & DISCRETIONARY USES
9.1.2.1
Permitted Uses:
-
Accessory Buildings
-
Home Occupations - Minor
-
Public Parks
-
Single Detached Dwellings
-
Special Events
9.1.2.2
Discretionary Uses:
-
Bed and Breakfast Accommodations
-
Home Occupations - Major
-
Kennels
-
Market Gardens
-
Poultry Farms
-
Private Recreational Facilities
-
Public and Quasi-Public Installations and Facilities
TOWN OF TURNER VALLEY LAND USE BYLAW
108
-
Restricted Livestock Grazing
-
Secondary Suites
-
Shipping Containers
-
Tourist Campsites
9.1.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 8.1 and 11.0, the
following provisions as contained within this section shall apply to every development in
this District.
9.1.4
MINIMUM REQUIREMENTS
9.1.4.1
Area of Site:
a) 8 ha (20 acres)
9.1.4.2
Front Yard:
a) Adjacent to a Provincial Highway without an intervening service road: as
required by Alberta Transportation
b) All other sites: 7.5 m (24.61 ft.)
9.1.4.3
Side Yards:
a) Principal Building: 5 m (16.40 ft.)
b) Accessory Building: 2.4 m (7.87 ft.)
9.1.4.4
Rear Yard:
a) Adjacent to a Provincial Highway without an intervening service road: as
required by Alberta Transportation
b) Principal Building: 7.5 m (24.61 ft.)
c) Accessory Building: 2.4 m (7.87 ft.)
9.1.5
MAXIMUM LIMITS
9.1.5.1
Height of Buildings:
a) 10 m (32.80 ft.)
9.1.6
EXCEPTIONS
a) Lots 1 to 4, Plan 4332 GB shall have the following yards:
i)
Front and rear yard: 7.5 m (24.61 ft.);
ii)
Side yard: 4.5 m (14.76 ft.).
b) That portion of the SE ¼ of Section 7, Township 20, Range 2, West of the
5th Meridian, which lies south and east of the centre of the South branch
of the Sheep River, as said river is shown as Township Plan approved at
Ottawa 15 August 1906, containing 31.52 hectares (77.8 acres) more or
less;
TOWN OF TURNER VALLEY LAND USE BYLAW
109
i)
EXCEPTING:
01) FIRSTLY: that portion described in transfer 6635 A.H. containing
20.60 hectares (50.8 acres) more or less
02) SECONDLY: Plan 4332 GB containing 2.89 hectares (7.15 acres)
more or less
03) THIRDLY: Plan 3814 JK, containing 3.117 hectares (7.7 acres)
more or less
04) FOURTHLY: The remainder of the SE ¼ of Section 7, Township 20,
Range 2, West of the 5th Meridian lying north and east of Plan
4332 GB containing 3.91 hectares (9.65 acres) more or less
05) FIFTHLY: plan 8610274 containing 1.49 hectares (3.68 acres)
more or less which shall have a minimum area of site of 3.23
hectares (8.9 acres) more or less.
c) Lots 2 and 3, Plan 4332 GB shall have the following minimum requirements:
i)
Area of site 1.75 acres
ii)
Width of site 250 feet.
d) That portion of the NE ¼ of Section 6, in Township 20, Range 2, West of the
5th Meridian, which lies to the northwest of Block G, Plan 7611150 which
shall have the following requirements:
i)
Minimum Area of Site: 0.82 ha (2.03 acres); and
ii)
Minimum Width of site: 40 m (131.23 ft.).
e) "A portion of the SW ¼ Section 7, Township 20, Range 3, West of the 5th
Meridian better known as the land owned by Gulf Canada Resources
at the corner of the 4 way stop, shall be allowed a discretionary use of
not more than two signs. One sign is for a site specific usage. The second
sign is for community recreational information, as sponsored by the
Municipality, and to allow all Urban Reserve land, with the exception of
a portion of the SW ¼ Section 7, Township 20, Range 3 West of the 5th
Meridian, better known as the land owned by Gulf Canada Resources at
the corner of the 4 way stop, to have a discretionary use for signs".
f)
Lot 1 - Blk. 2 - Plan 9312616, which shall have a minimum site area of .59
ha (1.48 Acres) more or less.
i)
Lot 2 - Blk. 2 - Plan 9312616, which shall have a minimum site area of
.58 ha (1.45 acres) more or less.
ii)
Blk. 1 - Plan 1351 JK, which shall have a minimum site area of 4.3 ha
(10.6 Acres) more or less.
iii)
Parcel Y - Plan 7022 ED, which shall have a minimum site area of 1.8
ha (4.6 Acres) more or less.
iv)
Blk. 1 - Plan 9111448, which shall have a minimum site area of 3.3 ha
(8.2 Acres) more or less.
v)
Blk. 3 - Plan 9112618, which shall have a minimum site area of 1.5 ha
(3.8 Acres) more or less.
vi)
Sec 1, TWP RG W of 5, which shall have a minimum site area of .6 ha
(1.5 Acres) more or less.
vii) Lot 2 - Blk. 2 - Plan 9310679, which shall have a minimum parcel size
of .8 ha (2.0 Acres) more or less.
viii) Lot 3, 4, 5 - Plan 9, which shall have a minimum parcel size of .8 ha
(2.0 Acres) more or less.
TOWN OF TURNER VALLEY LAND USE BYLAW
110
ix)
A portion of Blk. 7 - Plan 954 GV for the temporary use of peddler
and food wagons.
9.1.7
SPECIAL REQUIREMENTS
9.1.7.1
Kennels and Poultry Farm Buildings shall not be located closer than 150 m
(492.12 feet) to any other person's property line.
TOWN OF TURNER VALLEY LAND USE BYLAW
111
9.2
PUBLIC SERVICE DISTRICT (PS)
9.2.1
PURPOSE & INTENT
The purpose and intent of this district is to provide for public and privately owned
cultural, educational, institutional, and recreational uses.
9.2.2
LIST OF PERMITTED & DISCRETIONARY USES
9.2.2.1
Permitted Uses:
-
Public Parks
-
Utility Services, Minor
-
Special Events
9.2.2.2
Discretionary Uses:
-
Assisted Living Homes
-
Child Care Facilities
-
Community Buildings and Facilities
-
Cemeteries
-
Public and Quasi-Public Buildings, Installations and Facilities
-
Religious Institutions
-
Utility Services, Major
9.2.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Section 4.0, the following
provisions as contained within this Section shall apply to every development in this
district.
9.2.4
MINIMUM REQUIREMENTS
9.2.4.1
All yards:
a) 6 m (19.69 ft.)
9.2.5
LANDSCAPING
a) The boulevard and 20% of the site
9.2.6
MAXIMUM LIMITS:
9.2.6.1
Height of Buildings:
a) Principal Buildings: 10 m (32.80 ft.)
b) Other Accessory buildings: 6 m (19.68 ft.) provided roof design and pitch is
similar to roof design and pitch on the principal building
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE REQUIREMENTS
& AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
112
LAND USE DISTRICTS
DIRECT CONTROL
PART 10
10.0 DIRECT CONTROL DISTRICTS
112
10.1
DIRECT CONTROL DISTRICT (DC) LAND USE RULES
112
10.1.1
PURPOSE & INTENT
112
10.1.2
LIST OF PERMITTED & DISCRETIONARY USES
112
10.1.3
GENERAL REQUIREMENTS
112
10.1.4
GENERAL PROCEDURES
112
10.1.5
LAND DESIGNATED DIRECT CONTROL
112
DIRECT CONTROL DISTRICTS
TOWN OF TURNER VALLEY LAND USE BYLAW
113
10.0 DIRECT CONTROL DISTRICTS
10.1
DIRECT CONTROL DISTRICT (DC) LAND USE RULES
10.1.1
PURPOSE & INTENT
The purpose and intent of this District is to provide for the creation of site-specific
regulations in respect of specific sites within the Municipality, where the circumstances
relating to the development of the site, such as their unique characteristics or unusual
site constraints, are such that regulation and control by means of other districts in this
bylaw would be inappropriate.
10.1.2
LIST OF PERMITTED & DISCRETIONARY USES
Permitted and discretionary uses for a site-specific Direct Control designation shall be
established by Council as a schedule to Section 10.1.5 of this District.
10.1.3
GENERAL REQUIREMENTS
In addition to the general land use provisions contained in Sections 4.0, 6.1, 7.0, 8.1,
and 11.0, all developments in this district shall comply with any site-specific provisions
established by Council for this district.
10.1.4
GENERAL PROCEDURES
10.1.4.1 Notwithstanding the procedure established for the issuance of development
permits in Section 3.3, and unless otherwise specified within a particular Direct
Control District, Council hereby delegates the authority to make decisions
on Development Permit applications pertaining to lands within Direct Control
Districts to the Development Officer and or the Municipal Planning Commission
in accordance with their respective authority and duties as set out in Section
3.8 of this Bylaw.
10.1.4.2 There is no appeal to the Subdivision and Development Appeal Board from
a decision on an application for a development permit in a Direct Control
District.
10.1.5
LAND DESIGNATED DIRECT CONTROL
10.1.5.1 Development within a Direct Control District must comply with the standards as
outlined in the corresponding Direct Control Bylaw's, adopted by Council, as
attached in Schedule A.
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE REQUIREMENTS
& AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
114
PARKING
REGULATIONS
PART 11
11.0 PARKING REGULATIONS
114
11.1
PARKING & LOADING FACILITIES
114
11.1.1
PARKING REQUIREMENTS
114
11.1.2
LOADING REQUIREMENTS
114
11.1.3
GENERAL REQUIREMENTS
115
11.1.4
PARKING SPACE DIMENSIONS
116
TOWN OF TURNER VALLEY LAND USE BYLAW
115
11.0 PARKING REGULATIONS
11.1
PARKING & LOADING FACILITIES
Parking and loading spaces shall be provided on site in accordance with the following
Tables 1 and 2, and unless otherwise stated, shall be in accordance with the following:
a) Where more than one (1) use exists on a site, the appropriate number of
parking spaces shall be provided for each type of use;
11.1.1
PARKING REQUIREMENTS
Table 1. Parking Requirements
USE OF BUILDING OR SITE
MINIMUM NUMBER OF PARKING SPACES
Bed and Breakfast Accommodation
1 space per rented room plus the number
required for the dwelling
Group Home
1 space/employee not residing in the home,
plus the number required for the dwelling
Home Occupations - Minor
Only the number of spaces required for the
dwelling
Home Occupations - Major
1 space per vehicle required for the
occupation plus 1 space per employee plus
the number required for the dwelling
Multi-Family Residential Uses
(Apartments, Rowhouse Dwellings, Duplex
Dwellings, Lodging Houses, and Four-plexes)
1.5 spaces per dwelling unit, plus 15% of total
spaces required to be allocated for visitor
parking
Single-Family Residential Uses
(Single Detached Dwellings)
2 spaces per dwelling unit
Other Residential Uses
(Secondary Suites)
1 space per dwelling unit
Assisted Living Home
1 space per 2 units
11.1.2
LOADING REQUIREMENTS
Table 2. Loading Requirements
USE OF BUILDING OR SITE
MINIMUM NUMBER OF LOADING SPACES
Arenas
2 spaces
Cannabis Production and Distribution Facility
1 space/1,858 m2 (20,000 sq. ft.)
Minimum of 1 space.
Funeral Homes
1 space
Hospitals
1 space
Lumber Yards and Building Supply Centres
1 space/1,858 m2 (20,000 sq. ft.). Minimum of
two spaces
Restaurants
1 space
Retail Cannabis Store
1 space per business
TOWN OF TURNER VALLEY LAND USE BYLAW
116
USE OF BUILDING OR SITE
MINIMUM NUMBER OF LOADING SPACES
Retail Stores and Service/Repair Shops
1 space per business or at the discretion of the
Development Authority
All Industrial uses aside from those specified
1 space/1,858 m2 (20,000 sq. ft.). Minimum of
two spaces.
11.1.3
GENERAL REQUIREMENTS
11.1.3.1 Accessible parking spaces for all uses permitted in this bylaw shall be provided
in accordance with the requirements of the Alberta Building Code.
11.1.3.2 For all other uses not specified in Table 1, there shall be no minimum number
of parking spaces required, rather, each Development shall consider the
appropriate number of parking spaces required to support the proposed
Development.
11.1.3.3 Notwithstanding 11.1.3.2, the Development Authority may require parking
spaces to be provided for a Development if deemed necessary to limit undue
impacts on the surrounding area.
11.1.3.4 A parking space shall be located on the same site as the building or the use
for which it is required and shall be designed, located and constructed to the
Municipality's standards so that:
a) It is easily accessible to the vehicle intended to be accommodated there;
b) It can be properly maintained;
c) It is in conformity with the requirements as outlined in 29.1.1 and the stall
width, angle, and depth, along with the aisle width conforms to 29.1.9 and
are indicated on the site plan; and
d) It is satisfactory to the Development Authority in size, shape, location,
grading and construction.
11.1.3.5 A loading space shall have an area of not less than 28 m2 (301.40 sq. ft.), 3.5 m
(11.48 ft.) in width, and 3.5 m (11.48 ft.) of overhead clearance.
11.1.3.6 Any parking space or any loading space shall be developed to Municipal
standards.
11.1.3.7 When a building is enlarged, altered, or a change in the use occurs in
such a manner as to cause a more intensive use of that building, provision
shall be made for the additional parking spaces required as a result of the
enlargement, alteration, or change in the use of the building, in addition to
any parking spaces that may have been removed due to the enlargement or
alteration.
11.1.3.8 Curbs, concrete bumpers or fences shall be provided to the satisfaction of the
Development Authority.
11.1.3.9 The onsite parking shall be provided in the manner shown on the approved
site plan with the entire area to be graded and surfaced so as to ensure that
drainage will be confined to the site and disposed of in a manner satisfactory
to the Development Authority.
TOWN OF TURNER VALLEY LAND USE BYLAW
117
11.1.3.10 Notwithstanding Section 11.2.1.2 and excluding residential districts should the
Development Authority deem it advisable, it may:
a) Accept a payment in lieu, on the number of onsite parking spaces
deficient, which payment shall be based on the amount of money
Council considers reasonable in lieu of the equivalent parking space to
be provided by the Municipality elsewhere in the same district in which
the development is proposed;
b) Require the developer to provide the required off-street parking on land
other than that to be developed provided that:
i)
The alternate parking site is within 122 m (400.26 ft.) of the site where
the principal building is located or where the approved use is
carried on and within the same district in which the development is
proposed;
ii)
The alternate parking site is under the absolute control of the
developer or his successor to the principal development for a term
of years equal to the life of the approved principal development
and that the said alternate parking site shall be maintained and
made available at all times in a like manner to onsite parking;
iii)
The absolute control is established to the satisfaction of Council;
iv)
Should the developer or their successor to the principal
development seek the consent of the Municipality to discontinue
the use of an approved alternate parking site, they shall provide a
substitute parking site that conforms to the criteria required for an
onsite parking space;
v)
When the developer or their successor is authorized by the
Municipality to provide one or more alternative parking sites, they
shall enter into an agreement under seal with the Municipality
deposing as to these and such other relevant things as the
Municipality may require and the said agreement shall be in such
form as may be registered and maintained on the title or titles to
such lands in the Land Titles Office.
11.1.4
PARKING SPACE DIMENSIONS
11.1.4.1 Parking spaces shall be designed and provided in accordance with Table 3.
Table 3. Parking Space Dimensions
PARKING ANGLE
(A)*
AISLE WIDTH
(B)*
M (FT.)
STALL DEPTH
(C)*
M (FT.)
STALL WIDTH
(D)*
M(FT.)
30°
3.5 m (11.48 ft.)
5.9 m (19.34 ft.)
2.7 m (8.8 ft.)
45°
3.5 m (11.48 ft.)
6.8 m (22.31 ft.)
2.7 m (8.8 ft.)
60°
5.5 m (18.04 ft.)
7.2 m ( 23.6 ft.)
2.7 m (8.8 ft.)
90°
7.0 m (22.97 ft.)
6.8 m (22.31 ft.)
2.7 m (8.8 ft.)
11.1.4.2 Parking and loading requirements for other similar uses as set out in Section
11.2.1.2 shall be provided as determined by the Development Authority.
11.1.4.3 In addition to the residential parking requirement, multi-unit developments with
more than six (6) dwelling units shall provide clearly marked visitor parking at a
minimum ratio of 0.15 parking spaces per dwelling unit.
TOWN OF TURNER VALLEY LAND USE BYLAW
GENERAL ADMINISTRATION
INDUSTRIAL DISTRICTS
DEFINITIONS
OPEN SPACE DISTRICTS
ADMINISTRATIVE REQUIREMENTS
& AUTHORITY
DIRECT CONTROL DISTRICTS
GENERAL LAND USE
REGULATIONS & PROVISIONS
PARKING REGULATIONS
ESTABLISHMENT OF LAND USE
DISTRICTS
SIGNAGE CONTROL
RESIDENTIAL DISTRICTS
COMMERCIAL DISTRICTS
TABLE OF CONTENTS
118
SIGNAGE
PART 12
12.0 SIGN CONTROL
118
12.1
GENERAL REQUIREMENTS
122
12.1.1
GENERAL REQUIREMENTS
122
TOWN OF TURNER VALLEY LAND USE BYLAW
119
12.0 SIGN CONTROL
The signage types shown below are permitted in all Land Use Districts Unless otherwise
specified.
SIGNAGE TYPE
EXAMPLE
Advertising and Temporary Signs
Balloon
Banner
TOWN OF TURNER VALLEY LAND USE BYLAW
120
SIGNAGE TYPE
EXAMPLE
Billboard
Sandwich
All Other Signage Types
Awning and Canopy
TOWN OF TURNER VALLEY LAND USE BYLAW
121
SIGNAGE TYPE
EXAMPLE
Changeable Message
Fascia
Freestanding
TOWN OF TURNER VALLEY LAND USE BYLAW
122
SIGNAGE TYPE
EXAMPLE
Projecting
Roof
Window
TOWN OF TURNER VALLEY LAND USE BYLAW
123
12.1
GENERAL REQUIREMENTS
12.1.1
GENERAL REQUIREMENTS
Unless otherwise specified in section 3.2.1, a development permit is required for the
erection of signage on a property.
12.1.1.1 In considering a development application for a sign, the Development
Authority shall:
a) Have due regard to the amenities of the district in which the sign is
located and the design of the proposed sign and ensure that the
sign does not conflict with the general character of the surrounding
streetscape or the architecture of nearby buildings; and;
b) Not permit a sign to be erected which promotes intolerance, hate or
ridicule of any race, religion or other segment of society.
12.1.1.2 Excepting traffic control signs and those temporary signs outlined in Section
3.1.2, all signs shall comply with the provisions set out for the district in which the
sign is to be located.
a) All signage erected within the Downtown area must adhere to the
signage guidelines outlined in section 3.4 of the Downtown Design
Guidelines.
12.1.1.3 The following types of signage are prohibited:
a) Signs that obstruct free and clear vision of vehicular traffic, including
those that may display a light intensity or color where it may interfere
with, be confused with any authorized traffic sign, signal or device and
in so doing create a traffic hazard or create a nuisance in a residential
neighbourhood;
b) Signs within the commercial, highway commercial, and industrial districts
projecting over any abutting public roadway or municipally-owned
property or easement, unless Council grants such encroachment and the
applicant or owner enters into an encroachment and a save-harmless
agreement with the municipality;
c) Temporary signs related to a Retail Cannabis Store;
d) Flashing illuminated signs;
e) Canopy signs in residential districts;
f)
Signs that rotate;
g) Continuous band signs.
12.1.1.4 Portable freestanding signs may be permitted at the discretion of the
Development Authority.
a) Temporary signs in the form of sandwich signs shall be erected only during
the open hours of operation of a business, agency, or organization. These
signs shall not be erected outside of open hours.
b) Temporary signs shall not be displayed or erected on a property during
open hours of operation for a business, agency, or organization for a
period of longer than three (3) consecutive months.
TOWN OF TURNER VALLEY LAND USE BYLAW
124
12.1.1.5 Within a residential district, the only form of signage that shall be permitted on
a property is one (1) identification sign in the form of a fascia or freestanding
sign with the purpose of identifying the name and/or address of the premises
may be permitted per property in accordance with the following:
a) A non-illuminating sign which does not exceed 1,000 cm2 (155 sq. in.)
In area to identify a major or minor home occupation or a bed and
breakfast accommodation use;
b) A freestanding sign or fascia sign to identify an apartment building, mobile
home community or other non-commercial use and which does not:
i)
1.5 m2 (16.14 sq. ft.) in area; or
ii)
Project within 0.61 m (2.00 ft.) from the property line; or
iii)
3.5 m (11.48 ft.) in height.
12.1.1.6 The message on a sign shall relate to the use of the parcel(s) on which the sign
is located.
12.1.1.7 Within a commercial or industrial district, identification or directional signs in
the form of fascia or freestanding signs with the purpose of identifying the
name and/or address of the premises, or providing on-site wayfinding, may be
permitted in accordance with the following :
a) Freestanding signs provided that:
i)
The maximum height shall not exceed 9 m (30.53 ft.);
ii)
The total sign area for each face shall not exceed 9 m2 (96.88 sq. ft.);
iii)
A sign shall not project within 0.61 m (2.00 ft.) back from a property
line;
b) Fascia signs provided that the total copy area of a sign or signs shall
not exceed 20% of the face of the building or bay to which the sign is
attached.
c) Roof signs provided that they are erected without any visible means of
support and are architecturally integrated with the building upon which
they are located (to the satisfaction of the Development Authority).
Such signs, or any part thereof, shall not rotate or employ any flashing or
intermittent lights, or devices or means to create the impression of flashing
lighting. Roof signs shall not exceed a total sign area for each face of 9 m2
(96.88 sq. ft.). The height of sign and building shall not exceed 2 m (6.56 ft.)
over the maximum building height limit of the district in which they are or
are proposed to locate.
12.1.1.8 Within the Urban Reserve District, identification or directional signs in the form
of fascia or freestanding signs with the purpose of identifying the name and/
or address of the premises, or providing on-site wayfinding may be permitted in
accordance with the following:
a) One fascia sign per site which does not exceed 1,000 cm2 (155 sq. in.) in
area to identify a home occupation in residential districts;
b) One freestanding directional sign per site which does not exceed 1 m2
(10.76 sq. ft.) in area nor 3.5 m (11.48 ft.) in height;
c) One freestanding or fascia sign per site which does not exceed 3.5 m2
(37.67 sq. ft.) in area nor 6 m (19.68 ft.) in height to identify the permissible
use in the district.
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12.1.1.9 Within an industrial district, freestanding signs, with the exception of those
discussed in Section 12.1.1.7, must be erected in accordance with the
following:
a) No more than two (2) separate freestanding signs per parcel shall be
permitted and their combined total areas shall not exceed 9 m2 (96.88 sq.
ft.);
b) All freestanding signs shall not exceed 9 m (29.53 ft.) in height measured
from site grade to the top of the sign, except where the applicant can
show to the satisfaction of the Development Authority that a taller sign
is required but must not, in any case, project above the height of the
principal building;
12.1.1.10 A Retail Cannabis Store operator may erect up to two (2) signs for the sole
purpose of business identification on the same parcel as the premises.
12.1.1.11 Signs shall not contain statements, words or images that are offensive,
obscene, or racist, in the opinion of the Development Authority.
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13.0 EXISTING CONTROLS & DATE OF
COMMENCEMENT
Land Use Bylaw No. 03-869 and all amendments thereto are hereby rescinded.
This Bylaw comes into effect upon the date of its third reading.
READ A FIRST TIME ON THE 15TH DAY OF MARCH, 2021 AD
Original Signed:
,Mayor
Original Signed by:
,Chief Administration Officer
READ A SECOND TIME ON THE 17th DAY OF MAY, 2021 AD
READ A THIRD TIME AND FINALLY PASSED THE 17th DAY OF MAY, 2021 AD
Original Signed:
,Mayor
Original Signed by:
,Chief Administration Officer
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SCHEDULE A:
DIRECT CONTROL
BYLAWS
DC-1
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DC-3
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DC-4
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DC-5
137
DC-6
140
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DC-1
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DC-3
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DC-4
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DC-5
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1
TOWN OF TURNER VALLEY
BYLAW 19-1096
BEING A BYLAW TO AMEND BYLAW 03-869 (LAND USE BYLAW) OF THE TOWN
OF TURNER VALLEY, IN THE PROVINCE OF ALBERTA.
WHEREAS the provisions of the Municipal Government Act, R.S.A. 2000, Chapter M-
26, as amended, Council of the Town of Turner Valley in the Province of Alberta
(hereinafter called the "Council") has adopted Bylaw 03-869; and
WHEREAS the Council deems it desirable to amend Bylaw 03-869; and
WHEREAS the Council of the Town of Turner Valley has received an application to
redesignate Lot 1, Block 2, Plan 954GV ("the Development Area") from Urban Reserve
(UR) District to Direct Control (DC) District as shown on the attached Schedule 'A'; and
WHEREAS Council held a Public Hearing and has given consideration to the
representations made to it in accordance with Section 692 of the Municipal Government
Act, R.S.A. 2000, Chapter M-26, as amended.
NOW THEREFORE the Council of the Town of Turner Valley in the Province of Alberta,
duly assembled, hereby enacts that Bylaw 03-869 be amended as follows:
PURPOSE AND INTENT
The purpose and intent of this Direct Control (DC) District is to provide for a mix of agricultural,
commercial and industrial uses and establish design standards for the Development Area.
GENERAL REGULATIONS
1.1.1
The General Regulations contained within this Section are applicable to the
entire Development Area.
1.1.2
The General Administration (Part 1), Definitions (Part 2), General Land Use,
Regulations and Provisions (Part 11), General Rules for Commercial Districts
(Part 20), Parking and Signage Regulations (Part 29), and Sign Control (Part
30) of the Land Use Bylaw (03-869) shall apply unless otherwise specified in
this Bylaw.
DC-6
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1.1.3
As per Section 27.4.0 of Land Use Bylaw (03-869), Council shall decide on all
applications for development permits within a Direct Control District.
1.1.4
There is no right of appeal to the Subdivision and Development Appeal Board
on a decision of Council for a development permit application.
1.1.5
Development upon the Development Area shall be in accordance with all
plans and specifications submitted pursuant to this Bylaw, and all licenses,
permits, and approvals pertaining to the Development Area.
DISCRETIONARY USES
-
Accessory Building
-
Agricultural Support Services
-
Agricultural, Specialty
-
Art Centre
-
Community Garden
-
Conference Centre
-
Cultural Facility
-
Drinking Establishment
-
Educational Centre
-
Educational and Interpretative Use
-
Food and Beverage Production
-
Greenhouse
-
Hotel
-
Market Garden
-
Motel
-
Office
-
Outdoor Cafe
-
Outside Storage
-
Parking Lots
-
Public Market
-
Restaurant
-
Restricted Livestock Grazing
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-
Retail Store
-
Retail Store, Liquor
-
Sea Can Storage
-
Special Event
-
Storage, Liquor
-
Visitor Centre
-
Warehouse
LAND USE REGULATIONS
1.3.1
Minimum Land Use Requirements
a)
Minimum Yard Setbacks
i)
Front Yard Setback to the property line: 1.5 m (4.9 ft.)
ii)
Rear Yard Setback to the property line: 1.5 m (4.9 ft.)
iii)
Side Yard Setback to the property line: 1.5 m (4.9 ft.)
-
The following minimum yard setbacks shall apply where he following
uses are proposed adjacent to existing residential uses to the north
and west and proposed residential uses to the south. Food and
Beverage Production; Outside Storage, Storage, Liquor; and
Warehouse: 15.0 m (49.2 ft.)
-
All other uses: 7.5 m (24.6 ft.)
1.3.2
Maximum Land Use Requirements
a)
Development Area: 2.80 ha (6.92 ac.)
b)
Building Height:
i)
Principal building: 15.0 m (49.3 ft.), excluding additional architectural
cupola features.
ii)
Accessory buildings: 10.0 m (32.8 ft.).
c)
Site Coverage:
i)
All buildings including accessory buildings: 75% of the development area.
1.3.3
Landscaping
a)
A minimum of 10% landscaping throughout the site area shall be landscaped
abutting the front and side yard when abutting a local road, lane or an internal
access road, in accordance with a Landscape Plan, to the satisfaction of
Council.
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b) The quality of landscaping initially established on site shall be the minimum
standard to be maintained for the life of the development. Adequate means of
irrigating any soft landscaping and maintaining both hard and soft landscaping
shall be detailed in the Landscape Plan.
1.3.4
Outside Storage
a)
Outside storage areas shall be screened from adjacent sites and public
thoroughfares to the satisfaction of Council.
1.3.5
Parking / Loading
a)
A minimum number of parking and loading spaces shall be provided as
declared in Table 1: Parking Requirements of the Land Use Bylaw (03-869),
and as noted below in Table 1.3.5a Parking Requirements, and Table 1.3.5b
Loading Requirements
TABLE 1.3.5a - PARKING REQUIREMENTS
Use of Building or Site
Minimum Number of Parking Spaces
Agricultural, Specialty
1 Space / 37 m2
Agricultural Support Services
1 Space / 37 m2
Art Centre
1 Space / 56 m2
Community Garden
1 Space / 37 m2
Conference Centre
Discretion of Council
Cultural Facility
1 Space / 37 m2
Educational Centre
1 Space / 56 m2
Educational and Interpretive Use
1 Space / 56 m2
Food and Beverage Production
1 Space / 56 m2
Greenhouse
1 Space / 56 m2
Market Garden
1 Space / 37 m2
Office
1 Space / 37 m2
Outdoor Café
1 Space / 4 Seats
Public Market
1 Space / 37 m2
Retail Store, Liquor
1 Space / 37 m2
Sea Can Storage
None
Storage, Liquor
None
Visitor Centre
1 Space / 37 m2
Warehouse
1 Space / 56 m2
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TABLE 1.3.5b - LOADING REQUIREMENTS
Use of Building or Site
Minimum Number of Loading Spaces
Art Centre
1 Space
Conference Centre
1 Space
Cultural Facility
1 Space
Food and Beverage Production
1 Space
Liquor Storage
1 Space
Market Garden / Public Market
1 Space
Retail Store, Liquor
1 Space
b)
Consideration shall be given to applying relaxation of the total number of
parking stalls required due to alternating peak parking demand times
associated with multiple building uses at the discretion of Council
1.3.6
Sign Control
Council shall approve all signage requests through the development permit
process.
Freestanding signs shall be permitted provided:
i)
The maximum height of the sign does not exceed 9.0 m (30.5 ft.)
ii)
The sign shall not project within 0.6 m (2.0 ft.) back from a property line
Fascia signs shall be permitted provided that the total copy area of the sign(s)
do not exceed 20% of the face of the building to which the sign is attached
Roof signs shall be permitted provided that they are erected without any visible
means of support and are architecturally integrated with the building upon
which they are located, to the satisfaction of Council. Such signs, or any part
thereof, shall not rotate or employ any flashing or intermittent lights, or devices
or means to create impression of flashing lighting. Roof signs shall not exceed
2.0 m (6.6 ft.) over the maximum building height limit.
Portable free-standing signs may be permitted at the discretion of Council.
1.3.7
Temporary Uses
The Development Authority may conditionally approve a temporary use subject
to the removal of such use in accordance with the terms and conditions affixed
by the Development Authority.
The Development Authority shall determine the appropriate length of time a
development permit for a temporary use shall remain valid.
The following uses can be considered temporary uses;
i)
Sea Can Storage
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ii)
Parking Lots
iii)
Outdoor Café
No temporary use shall be serviced by the Town of Turner Valley sewage
treatment system or water supply system.
A temporary use shall be maintained to an appropriate physical standard at all
times.
Notwithstanding 1.3.3 (a) and (b), landscaping for temporary uses will not be
required, or at the discretion of the Development Authority.
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DEVELOPMENT REQUIREMENTS
Notwithstanding any other provision of the Land Use Bylaw the Development
Authority may issue a Development Permit for stripping and grading, provided
the grading plan is to the satisfaction of the Development Authority.
The Turner Valley Downtown Design Guidelines (2007) shall be considered
and adhered to at each phase of development.
Development applications shall include a Landscape Plan prepared by a
Qualified Professional. All landscaping shall be in accordance with the
landscaping section of the Land Use Bylaw or to the satisfaction of the
Development Authority.
Notwithstanding 1.4 (c), a Landscape Plan is not required for development
applications for a temporary use, unless otherwise required by the
Development Authority.
The design, character and appearance of any buildings proposed to be erected
or located in the Development Area must be acceptable to Council, having due
regard to its effect on neighbouring developments and general amenities of the
area.
No use or operation at any location in the Development Area shall cause or
create the emission or spread of offensive noise, vibration, smoke, dust, odour,
heat, glare, or electrical/radio disturbance that unreasonably diminishes the
use, enjoyment or value of neighbouring properties.
Airborne particulate matter originating from storage areas, agricultural areas,
yards, roads, or parking areas shall, within reason, be suppressed by
application of approved dust-free treatments to the satisfaction of Council.
Garbage and waste materials shall be stored in weatherproof and animal-proof
containers. Such containers shall be located within buildings or adjacent to the
building as set out in the above regulations and screened from view by all
adjacent properties, to the satisfaction of Council.
Council may require, as a condition of issuing a development permit, that the
developer enter into a Development Agreement. In accordance with the
Municipal Government Act, the agreement may be caveated against the title of
the affected parcel(s) and must be discharged when the agreement has been
complied with.
SPECIAL PROVISIONS
1.5.1
Safety and Fire Code Requirements
a)
Applicants shall be required to provide proof of compliance or the ability to
become compliant with all Provincial Safety Code and Fire Code requirements
as part of the development permit application for their development.
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1.5.2
Special Events
a)
All applications for a special event shall include, but not be limited to, the
following documents for each event, to the satisfaction of Council and relevant
Provincial agencies:
i.
Sufficient parking in designated areas for the event.
ii.
Notwithstanding Section 1.3.5, Council may vary the parking
requirements with a Parking Strategy. A Parking Strategy may include,
but is not limited to, shuttle busses, off-site parking, parking fees and
carpooling incentives.
iii.
A Fire Protection Plan outlining on-site fire protection and suppression
measures.
iv.
A Solid Waste Management Plan.
v.
The Applicant/Owner shall be responsible for preparing a plan to address
crowd, parking and traffic control for the special events, and all
associated costs during the events.
vi.
An indemnity in favour of the Town, in a form and on terms and conditions
satisfactory to Council, with respect to any liability resulting from the
special event. Proof of insurance coverage, in an amount and form and
on terms and conditions satisfactory to Council which may include the
requirement that the Town be named as an additional insured.
1.5.3
Conditions of Development
a)
Council may, as a condition of issuing a Development Permit impose any
condition that addresses a relevant planning and development matter, including
but not limited to:
i)
Location and maximum size of facilities to be constructed;
ii)
Development setbacks;
iii)
Hours of operation;
iv)
Number of employees;
v)
Number of vehicle visits per day;
vi)
Number and duration of Special Events permitted;
vii)
Noise;
viii) Buffering;
ix)
Lighting;
x)
Outdoor storage;
xi)
Parking/loading requirements;
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xii)
Screening of facilities;
xiii) Upgrades to any municipal roads.
DEFINITIONS
1.6.1
Agricultural, Specialty means the use of land to produce specialty products onsite
for the purposes of demonstration. Such specialties may include permaculture
gardens, barley, grazing areas, etc.
1.6.2
Agricultural, Support Services means developing products or offering services
which are required in order to carry out the cultivation of plants and/or raising of
domestic animals for the purpose of food production, or which are required to
maintain or improve the agricultural industry.
1.6.3
Art Centre means a building, structure or landscape space used to facilitate art,
heritage and/or nature themed usage available for the purposes of assembly, cultural
instruction, art production and educational, social and recreational activities.
1.6.4
Community Garden means a place open to the public where people grow and
maintain ornamental and edible plants.
1.6.5
Conference Centre means an establishment used for the holding of meetings,
conventions, seminars, workshops, product and trade shows, or similar activities, and
may including dining facilities for the use of participants, as well as compatible
accessory facilities.
1.6.6
Cultural Facilities means development for the collection and storage of literary,
artistic, musical and similar reference materials, or a building intended for live
theatrical, musical, or dance performances.
1.6.7
Education Centre means structures and/or outdoor areas devoted to the principal
use of educating the general public.
1.6.8
Educational and Interpretive Use means premises in which seasonal and
occasional education, training or exhibit, based teaching is provided utilizing both
natural environment and man-made physical elements such as building, structures,
paths, etc.
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1.6.9
Food and Beverage Production means a commercial facility in which food and/or
beverage products are manufactured/produced/packaged or otherwise prepared for
human consumption, but not consumed on the premises. This may include a retail
component that is accessory to the principal use. Typical uses may include
prepackaged foods, water bottling and catering facilities. This does not include a
Restaurant or Drinking establishment.
1.6.10 Greenhouse means an enclosed structure constructed primarily of glass or other
transparent material used for the purpose of cultivation of plants, whether or not the
purpose is for food production and consumption but does not include cannabis
cultivation or cannabis production facilities.
1.6.11 Outdoor Café means a facility where food or beverages are served or offered for
sale for consumption on or within a portion or portions of such facility that are not
necessarily contained within a fully enclosed building.
1.6.12 Public Market means the use of a building or structure for the purpose of selling any
or all of produce, meat, fish, flowers, clothes, art and crafts, and may include retail
stores and restaurants.
1.6.13 Retail Store, Liquor means a retail store licensed by the Province to sell alcoholic
beverages to the public, for consumption elsewhere, but may include limited
quantities of onsite consumption for the purposes of tasting and sampling by
customers. Typical uses include liquor, wine and beer stores.
1.6.14 Sea Can Storage, means a sealed unit used for the land and sea transport of goods
and materials which may also be used for storage and shall be considered a
Temporary Use unless otherwise specified by the Development Authority. Also
called a Shipping Container.
1.6.15 Special Event means an event, the duration of which is temporary in nature and
which is limited to one or more of the following uses: an exhibition, a fair, a music
festival, private event, or similar type of activity. For the purposes of this definition
"temporary" shall mean that the 'combined total duration of all Special Events held on
one property shall not exceed seven consecutive days in a calendar year.
1.6.16 Storage, Liquor means the storing of alcoholic, previously distilled beverages for the
purpose of aging or future shipping, including barrel aging rooms, packaged bottle
storage rooms, and other related uses; and
1.6.17 Temporary Use means a use for which a Development Permit has been issued for a
limited time only. Timeframe for approval determined by Development Authority.
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1.6.18 Visitor Centre means a building containing commercial uses and additional facilities
including but not limited to eating establishments, drinking establishments, meeting
rooms, presentation rooms and public convention rooms of which the purpose is to
provide tourist information to visitors.
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APPENDIX 'A'
Bylaw 19-1096
AMENDMENT
FROM: Urban Reserve
TO: Direct Control _
LEGAL DESCRIPTION: Lot 1, Blk. 1, Plan 954GV__
FILE: #2-18R
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