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1-1
VILLAGE OF DONALDA
Amendments to Land Use Bylaw No. 625
Amendment
Number
Date of
Adoption
Brief Description
651
April 9, 2008
Section 1.8(1) - Repealed & replaced to add a Low Density
Residential Land Use District (R1).
Section1.3 - definitions added: manufactured home, modular home.
Schedule C added Low Density Residential Land Use District (R1)
provisions.
Schedule A - to redesignate parcels to R1.
656.01
July 9, 2009
Section 1.8(1) - Repealed & replaced to add a Parks and Recreation
District (PR).
Schedule C added Parks and Recreation District (PR) provisions.
Schedule A - to redesignate the follwoing lands to PR: Plan 6419KS,
Parcel B and Lots 1-16, Block 6, Plan 5965AE and Lots 1-2, Block 5,
Plan 5965AE and Lots 25-28, Block 2, Plan 5965AE.
658
August 13,
2009
Section 1.8(1) - Repealed & replaced to add a Public Use District
(PU).
Schedule C added Public Use District (PU) provisions.
659
August 13,
2009
Schedule A - to redesignate Plan 6419KS, Parcel A (excepting 0.221
ha identified LINC 0011863735) to PU.
678
October 21,
2014
Section 1.8(1) - Repealed & replaced to add a Commercial Retail
District (CR).
Schedule C added Commercial Retail District (CR) provisions.
708
September 18,
2018
Section 1.3 - cannabis related definitions added.
Section 2.2 - addition to development permit not required list.
Section 5(8) - addition of cannabis regulations and exculsion figure.
714
January 15,
2019
Schedule C - addition of Direct Control District (DC).
Schedule A - to redesignate Lot 1, Plan 0020824 and Plan 1983AJ
from Industrial District (I) to Direct Control District (DC).
i
VILLAGE OF DONALDA
LAND USE BYLAW NO. 526
TABLE OF CONTENTS
Page
PART ONE:
GENERAL
1
1.1
Short Title
1
1.2
Purpose
1
1.3
Definitions
1
1.4
Establishment of Development Officer
10
1.5
Establishment of Forms
10
1.6
Establishment of Supplementary Regulations
10
1.7
Establishment of Land Use District Regulations
10
1.8
Establishment of Districts
10
1.9
Amendment of the Land Use Bylaw
11
1.10
Sections Found Invalid
14
PART TWO:
DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL
2.1
Purpose of Development Permits
15
2.2
Development Not Requiring a Development Permit
15
2.3
Permission for Development
16
2.4
Development Permits and Notices
19
2.5
Cancellation
20
2.6
Contravention
20
2.7
Appeal Process and Procedure
21
2.8
Offences and Penalties
21
2.9
Compliance with other Legislation
22
SCHEDULE A
LAND USE DISTRICT MAP
SCHEDULE B
SUPPLEMENTARY REGULATIONS
1.
Buildings
23
1(1)
Accessory Buildings
23
1(2)
Building Orientation and Design
23
1(3)
Number of Buildings on a Parcel
23
ii
1(4)
Relocation of Buildings
24
1(5)
Building Demolition
25
2.
Yards
25
2(1)
Projections Over Yards
25
2(2)
Objects Prohibited or Restricted in Yards
26
2(3)
Satellite Dish Antennas
26
2(4)
Laneless Subdivisions
27
3.
Vehicles
27
3(1)
Parking
27
3(2)
Loading Spaces
30
3(3)
Vehicle Access to Buildings
30
3(4)
Sight Lines at Intersections of Roadways
30
3(5)
Sight Triangles at Road and Rail Intersections
31
3(6)
Driveways
31
4.
Non-Conforming Buildings and Uses
31
5.
Miscellaneous
32
5(1)
Home Occupations
32
5(2)
Swimming Pools
32
5(3)
Dangerous Goods
33
5(4)
Mechanized Excavation, Stripping and Grading of Parcels
33
5(5)
Development in Proximity to Oil and Gas Wells
33
5(6)
Development Setbacks from Landfills and Waste Sites
33
5(7)
Land Use Policies
34
5(8)
Cannabis Retail Sales and Production
34
6.
Guidelines for Other Land Uses
35
SCHEDULE C
Land Use District Regulations
General Residential District (R)
36
Low Density Residential Land Use District (R1) [Bylaw #65/2008]
38
Central Commercial District (C)
41
Commercial Retail District (CR) [Bylaw #678/2014]
43
Industrial District (I)
45
Parks And Recreation District (PR) [Bylaw #656.01/2009]
47
Public Use District (PU) [Bylaw #658/2009]
48
Urban Reserve District (UR)
49
Direct Control District (DC)
[Bylaw #714/2019]
50
1
BYLAW NO. 526
BEING A BYLAW TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF LAND AND BUILDINGS IN
THE VILLAGE OF DONALDA.
WHEREAS the Municipal Government Act, being Chapter M-26.1 of the Revised Statues of Alberta, 1994,
and amendments thereto, authorize the Council of the Municipality to enact a Land Use Bylaw to
prohibit or regulate and control the use and development of land and buildings within the Municipality.
NOW THEREFORE the Council of the Village of Donalda in the Province of Alberta enacts as follows:
PART ONE: GENERAL
1.1
Short Title
This Bylaw may be cited as "The Village of Donalda Land Use Bylaw."
1.2
Purpose
The purpose of this Bylaw is to, amongst other things,
(1)
divide the municipality into districts;
(2)
prescribe and regulate the use for each district;
(3)
establish the office of the Development Officer;
(4)
establish a method of making decisions on applications for development permits
including the issuing of development permits;
(5)
provide the manner in which notice of the issuance of a development permit is to be
given;
(6)
implement the statutory plans of the Village of Donalda.
1.3
Definitions
In this Land Use Bylaw,
"accessory building" means a building separate and subordinate to the main building, the use of
which is incidental to that main building and is located on the same parcel of land;
"accessory residential building" means an accessory building to a residence and includes such
things as garages, garden sheds and greenhouses;
"accessory use" means a use customarily incidental and subordinate to the main use and is
located on the same parcel of land with such main use;
2
"adjacent land" means land that is contiguous to the parcel of land that is the subject of an
application and includes land that would be contiguous if not for a highway, road, river or
stream;
"apartment" means a residential building consisting of at least three (3) swelling units, but shall
not include buildings containing units with separate exterior entranceway(s);
"basement" means a habitable portion of a building which is partly underground, but which has
more than 50 percent of the distance, between the floor level and the underside of the ceiling
joists, above adjacent ground elevation;
"basement suite" means a basement developed as a dwelling unit or as a premise in which
boarders or roomers may reside;
"better agricultural land" means land having a Canada Land Inventory Soil Capability for
Agriculture rating of Class 1, 2, 3 or 4 or lands having a farmland assessment rating greater than
28 percent, or their equivalent as determined by government agencies or independent
consultants, and at the discretion of the Municipal Planning Commission may include other
cultivated or improved land or potentially irrigable land. Better agricultural land excludes:
(a)
cut-off parcels which are regarded by the local municipality as being of insufficient size
to farm; and
(b)
land which the Development Officer determines is so badly fragmented by existing use
or ownership that the land has a low agricultural capability or cannot logically be used
for agricultural purposes;
"building" includes anything constructed or placed on, in, over or under land but does not
include a highway or road or a bridge forming part of a highway or road;
"building demolition" means the pulling down, tearing down or razing of a building;
"bus depot" means a facility providing for the departure and arrival of passengers and freight
carried by bus;
"cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time and includes edible products that contain cannabis.
"cannabis accessory" means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
"cannabis medical clinic/dispensary" means a clinic or dispensary licensed by the Federal
Government of Canada where Cannabis and Cannabis Accessories are sold to individuals for
medical purposes.
"cannabis production facility" means a facility used for the production of Cannabis licensed by
the Federal Government of Canada where Cannabis and Cannabis products are produced for
Medical and/or Retail uses.
3
"cannabis retail sales" means a retail store licensed by the Province of Alberta where Cannabis
and Cannabis Accessories are sold to individuals who attend at the premises for recreational
purposes.
"cartage and freight terminal" means a facility accommodating the storage and distribution of
freight shipped by air, rail or highway transportation;
"cellar" means a portion of a structure which is mainly underground, and which has less than 50
percent of the distance, between the floor level and the underside of the ceiling joists, above
adjacent ground elevation;
"commercial recreation and entertainment facility" means a facility or establishment which
provides for recreation or entertainment for a gain or a profit;
"Council" means the Council of the Village of Donalda;
"detached dwelling" means a residential building containing one dwelling unit, which is
physically separate from any other residential building, and does not include a mobile home;
"development" means
(a)
an excavation or stockpile and the creation of either of them,
(b)
a building or an addition to, or replacement or repair of a building and the construction
or placing of any of them on, in, over or under land,
(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 appointed as Development Officer
pursuant to the Municipal Planning Act;
"Development Officer" means a person appointed as a Development Officer pursuant to this
Land Use Bylaw;
"development permit" means a document authorizing a development issued pursuant to this
Land Use Bylaw;
"discretionary use" means a use which may be compatible with other uses in the District, for
which a development permit may be issued upon an application having been made;
"District" means Land Use District;
"driveway" means a vehicle access route between the carriageway of a road and a use on a
parcel;
"duplex" means a separate residential building consisting of two separate dwelling units only,
each above grade and having exterior entrances;
4
"dwelling unit" means a complete building or self-contained portion of a building for the use of
one or more individuals living as a single housekeeping unit, containing sleeping, cooking and
separate toilet facilities intended as a permanent residence not separated from direct access to
the outside by another separate of self-contained set or suite of rooms;
"dwelling unit for the occupancy of the owner, operator or caretaker" " means a dwelling unit
which is accessory to other development on the parcel;
"eaveline" means the horizontal line that marks the intersection of the roof and the wall of a
building;
"existing residence and other related improvements" means a detached dwelling, mobile
home or modular home and buildings accessory to the dwelling unit and the parcels upon which
it is located, serviced by utilities and access to the satisfaction of the Development Officer;
"farming" means the raising or production of crops or animals but does not include the rearing
of animals in a confined area of building, such as a feedlots, hog operations, poultry/fowl
operations or fur farms;
"feed mills and grain elevators" means buildings in which animal fees and grain are stored
during shipment to or from farms and in which animal feeds may be prepared;
"floor area" means
(a)
for residential buildings, the total area of all floors in a building measured from the
outside of exterior walls including a basement, but excluding floor areas of cellars,
attached garages, sheds, carports, or open porches in all residential building, or
(b)
for commercial buildings, the total floor area of all floors in a building measured from
the outside of exterior walls including basements and cellars but excluding mall areas;
"front parcel boundary" means, in the case of an interior parcel, the boundary which abuts a
street and in the case of a corner parcels, means the shorter of the two boundaries which abut a
street [see sketch in Schedule B];
"front yard" means a yard extending across the full width of a parcel measured perpendicularly
from the front boundary of the parcel to the front wall(s) of the main building situated on the
parcel [see sketch in Schedule B];
"group home" means a building or portion of a building used for the care or rehabilitation of no
more than six (6) children, adolescents or adults;
"hard landscaping" means the use of non-vegetative material, other than monolithic concrete,
asphalt or gravel, as part of a landscaped area;
"heavy manufacturing" means the manufacture of products, the process of which generates
fumes, gases, smokes, vapors, vibrations, noise or glare, or similar nuisance factors which have a
high probability of occurring and which may cause adverse effects to the users of adjacent land;
"home occupation" means any occupation, trade, profession, or craft carried on by an occupant
of a residential building as a use secondary to the residential use of the building;
5
"indoor merchandise sales" means the indoor sale or display of merchandise, including indoor
storage or merchandise in quantities limited to the needs of the outlet;
"landscaped area" means an area of land made attractive and desirable by the use of any or all
of the following: grass, trees, shrubs, ornamental plantings, fences, walls and associated
earthworks; however, it shall not include areas occupied by garbage containers, storage, parking
lots or driveways;
"Land Use Bylaw" means Bylaw No. 526, and amendments thereto;
"Land Use District" means an area as described in Schedule C and shown in Schedule A of this
Land Use Bylaw;
"land use policies" means policies established by the Lieutenant Governor in Council pursuant
to the Municipal Government Act;
"lane" means a public thoroughfare which provides a secondary means of access to a parcel or
parcels and which is registered in a land titles office;
"light manufacturing" means the manufacture of products, the process of which does not
create and emit fumes, gases, smokes, vapors, vibrations, noise or glare or other factors which
are regarded as nuisances which would cause adverse effects to the users of adjacent land;
"main building" means a building in which is conducted the main or principal use of the parcel
on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured home" means a single detached dwelling built offsite in one or more sections,
and intended to be occupied in a place other than where it is manufactured ,and which meets
Canadian Standards Association Z240 or A277 standards and conforms to the Alberta Building
Code. Manufactured homes were previous called mobile homes. [Bylaw #651/2008]
"mechanized excavation, stripping and grading" means the use of motorized equipment to
remove, relocate or stockpile soil or vegetation in excess of normal landscape maintenance
requirements;
"mobile home" means a factory constructed detached dwelling unit, with an integral frame,
readily relocatable singly or in double modules;
"mobile home park" means a parcel comprehensively designed, developed, operated and
maintained to provide sites and facilities for the placement and occupancy of mobile homes on
a long-term basis;
"Modular home" means a single detached dwelling which resembles a site-built home in design,
construction and all respects, but which is constructed elsewhere and is assembled after
delivery to site. A modular home is not a manufactured home. [Bylaw #651/2008]
"municipality" means the Village of Donalda;
6
"Municipal Development Plan" means a plan adopted by Council as a municipal development
plan pursuant to the Municipal Government Act;
"Municipal Government Act" " means the Municipal Government Act, S.A. 1994, c. M-26.1, as
amended;
"Municipal Planning Commission" means a Municipal Planning Commission established
pursuant to the Municipal Government Act;
"municipal shop and storage yard" means the facility used by a municipality for the storage of
materials used in fulfilling its various functions and the housing and repair of its equipment;
"non-conforming building" means a building
(a)
that is lawfully constructed or lawfully under construction at the date this Land Use
Bylaw or any amendment thereof affecting the building or land on which the building is
situated becomes effective, and
(b)
that on the date this Land Use Bylaw or any amendment thereof becomes effective
does not, or when constructed will not, comply with the Land Use Bylaw;
"non-conforming use" means a lawful specific use
(a)
being made of land or a building or intended to be made of a building lawfully under
construction, at the date this Land Use Bylaw or any amendment thereof affecting the
land or building becomes effective, and
(b)
that on the date this Land Use Bylaw or any amendment thereof becomes effective
does not, or in the case of a building under construction will not, comply with this Land
Use Bylaw;
"non-renewable resource extraction" means the mining or removal from the grounds of
deposits of coal, sand, gravel, clay and other minerals;
"occupancy permit" means a document authorizing the use of a development undertaken in
accordance with a development permit issued pursuant to this Land Use Bylaw;
"office" means a facility providing for the administration of business, or government, or the
provision of professional services;
"open storage yard" means land that is used for the storage of products, goods or equipment;
"outdoor boiler" means any type of solid fuel burning unit located separate from the principal
building or any accessory buildings or as a stand-alone building for the generation of space
heating or water heating;
"outdoor display area" means an accessory use for the outdoor display of goods, products,
materials or equipment intended and permitted to be sold or rented on a site;
"outdoor storage area" means an accessory use for the outdoor storage of equipment and
materials associated with the day to day operations or sales of a business;
7
"owner" means the person who is registered under the Lands Titles Act as the owner in fee
simple estate of the land;
"parcel" means the aggregate of the one or more areas of land described in a certificate of title
or described in a certificate of title by reference to a plan filed or registered in a land titles
office;
"parcel coverage" means the area covered by buildings, parking facilities, driveways, storage
areas and display areas;
"parcel of land"
(a)
where there has been a subdivision, any lot or block shown on a plan of subdivision that
has been registered in a land titles office;
(b)
where a building affixed to the land that would without special mention be transferred
by a transfer of land has been erected on two (2) or more lots or blocks shown on a plan
of subdivision that has been registered in a land titles office, all those lots or blocks;
(c)
a quarter section of land according to the system of surveys under the Surveys Act or
any other area of land described on a certificate of title;
"parking facility" means a structure or an area providing for the parking of motor vehicles;
"parks and playgrounds" means areas of public land known for their natural scenery and/or
preservation for public recreation either active or passive;
"permitted use" means a use which is compatible with other uses in the District and for which a
development permit shall be issued provided it otherwise conforms with this Land Use Bylaw;
"personal service" means the provision of a service to individuals on a commercial basis, and
includes such services as photographers, travel agencies, beauty salons, restaurants and dry
cleaners;
"public and quasi-public use" means a use of land or a building for purposes of public
administration and service and shall also include a building for the purpose of assembly,
instruction, culture, recreation or other community activity;
"public utility" means a public utility as defined in Part 17 of the Municipal Government Act;
"public utility building" means a building in which the proprietor of a public utility
(a)
maintains its offices; or
(b)
maintains or houses equipment used in connection with the public utility;
"railway uses" means a use of land or a building directly related to the building or operation of a
railroad system;
"rear yard" means a yard extending across the full width of a parcel measured perpendicularly
from the rear wall(s) of the main building situated on the parcel to the rear property boundary
of the parcel [see sketch in Schedule B];
8
"recreation facilities" means a public building and grounds for community entertainment,
relaxation, social activity and other leisure needs;
"repair services" means the restoration and maintenance of objects, which is compatible with
other uses in the District;
"road" means land:
(a)
shown as a road on a plan of survey that has been filed or registered in Land Titles
Office, or
(b)
used as a public road;
"sales and service outlet for automobiles, trucks, recreation vehicles or mobile homes" means
a facility providing for the sale, rental, service and repair of automobiles, trucks, recreation
vehicles or mobile homes;
"sales and services outlet for farm equipment" means a facility providing for the sale, rental,
service or repair of farm equipment;
"screen" means a fence, berm, hedge, wall or building used to separate areas or functions which
detract from the appearance of the street scene and the view from the surrounding areas;
"seed cleaning plant" means a building for the storage and preparation of seed used in
agriculture;
"senior citizen housing" means housing designed specifically for, and occupied solely by, senior
citizens;
"service for the travelling public" means the provision of overnight accommodation, meals, or
vehicular service or repair normally required by travellers;
"set back" means a distance additional to minimum yard requirements which may be required
on parcels adjacent to the road;
"side yard" means a yard extending from the front yard to the rear yard between the side
boundary of the parcel and the wall of main building thereon [see sketch in Schedule B];
"sight triangle" means an area at the intersection of roads or roads and railways in which all
buildings, fences, vegetation and finished ground elevations shall be less than 1 m (3.28 ft.) in
height above the average elevation of the carriageways, in order that vehicle operators may see
approaching vehicles in time to avoid collision;
"sign" means any word, letter, model, placard, board, notice, device or representation, whether
illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction and its supporting structure;
"soft landscaping" means the use of vegetative material as part of a landscaped area;
"solid waste transfer station" means a facility for the collection and temporary holding of solid
waste in a storage container;
9
"statutory plan" means the General Municipal Plan, Intermunicipal Development Plan, an Area
Structure Plan and an Area Redevelopment Plan adopted by a bylaw of the municipality, or any
one or more of them;
"street" means any category of road except a lane;
"structural alterations" means altering the main building components which support a building;
"Subdivision and Development Appeal Board" means the board established pursuant to the
Municipal Government Act;
"Subdivision and Development Regulation" means the Subdivision and Development
Regulation (AR 212/95), as amended;
"use" means a building or an area of land and the function and activities therein or thereon;
"warehousing" means a facility for the indoor storage of goods and merchandise;
"yard" means an open space on the same site as a building and which is unoccupied and
unobstructed from the ground upward except as otherwise provided herein.
All other words and expressions have the meaning respectively assigned to them in Part 17 of
the Municipal Government Act and the Subdivision and Development Regulation.
10
1.4
Establishment of Development Officer
(1)
The office of the Development Officer is hereby established and such office shall be filled
by a person or persons to be appointed by resolution of Council.
(2)
The Development Officer shall perform such duties that are specified in this Land Use
Bylaw, including among other things
(a)
keeping and maintaining for the inspection of the public during all reasonable
hours, a copy of this Land Use Bylaw and all amendments thereto, and
(b)
keeping a register of all application for development, including the decisions
thereon and the reasons therefore.
1.5
Establishment of Forms
(1)
For purposes of administering this Land Use Bylaw, the Development Officer shall
prepare such forms and notices as he or she may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of this Land Use
Bylaw in the execution of the purpose for which they were designed, authorized and
issued.
1.6
Establishment of Supplementary Regulations
Supplementary Regulations as set forth in Schedule "B" hereto, are hereby adopted by
reference to be part of this Land Use Bylaw, and to be amended in the same manner as any
other part of this Land Use Bylaw.
1.7
Establishment of Land Use District Regulations
Land Use District Regulations as set forth in Schedule "C" hereto, are hereby adopted by
reference to be part of this Land Use Bylaw, and to be amended in the same manner as any
other part of this Land Use Bylaw.
1.8
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the Village of Donalda is divided into the
following Districts:
GENERAL RESIDENTIAL DISTRICT (R)
LOW DENSITY RESIDENTIAL LAND USE DISTRICT (R1) [Bylaw #651/2008]
CENTRAL COMMERCIAL DISTRICT (C)
COMMERCIAL RETAIL DISTRICT (CR) [Bylaw #678/2014]
INDUSTRIAL DISTRICT (I)
PARKS AND RECREATION DISTRICT (PR) [Bylaw #656.01/2009]
PUBLIC USE DISTRICT (PU) [Bylaw #658/2009]
URBAN RESERVE DISTRICT (UR)
11
(2)
The boundaries of the Districts listed in subsection (1) are as delineated on the Land Use
District Map being Schedule A hereto. All roads, water courses and lakes are excluded
from the Land Use Districts.
(3)
Where the location of District boundaries on the Land Use District Map is not clearly
understood, the following rules shall apply:
(a)
a boundary shown as approximately following a parcel boundary shall be
deemed to follow the parcel boundary;
(b)
a boundary which does not follow a parcel boundary shall be located by
measurement of the Land Use District Map; and
(c)
a boundary location which cannot be satisfactorily resolved, shall be referred to
Council for an official interpretation.
1.9
Amendment of the Land Use Bylaw
(1)
The Council on its own initiative may give first reading to a bylaw to amend this Land
Use Bylaw.
(2)
A person may make application to the Secretary Treasurer for amendment to this Land
Use Bylaw. The application shall include:
(a)
a statement of the specific amendment requested;
(b)
the purpose and reasons for the application;
(c)
if the application is for a change of District, the legal description of the lands, or
a plan showing the location and dimensions of the lands;
(d)
a statement of the applicant's interest in the lands; and
(e)
an application fee of $75.00 of which $50.00 will be refunded if the proposed
amendment is not given first reading and advertised.
(2.1)
If the amendment is for redesignation of land, the Development Officer may require:
(a)
an outline plan for the area to be redesignated, to the level of detail specified by
the Development Officer; and
(b)
payment of a fee equal to the costs incurred by the Town to review the
proposed redesignation and/or related outline plan, or if necessary to prepare
an outline plan.
(3)
Upon receipt of an application for amendment to this Land Use Bylaw, the Secretary
Treasurer shall determine when the application will be placed before the Council and
shall issue not less than 10 days' notice to the applicant advising that he may appear
before the Council at that time, and speak to the application. An application for
amendment shall be placed before the Council within sixty (60) days of its receipt by the
Secretary Treasurer.
12
(4)
The Council, in considering an application for an amendment to this Land Use Bylaw,
may at its sole discretion:
(a)
refuse the application; or
(b)
refer the application for further information; or
(c)
pass first reading to a bylaw to amend this Land Use Bylaw, with or without
conditions or amendments; or
(d)
defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
pass first reading of an alternative amendment to this Land Use Bylaw, with or
without conditions.
(5)
Following first reading of an amending bylaw, the Council shall
(a)
establish the date, time and place for a public hearing on the proposed bylaw;
(b)
if a bylaw to establish procedures for public hearings has not been passed
(i)
outline the procedures to be followed by anyone wishing to be heard at
the public hearing; and
(ii)
outline the procedure by which the public hearing will be conducted.
(6)
Following first reading of an amending bylaw, the Development Officer must give notice
of the public hearing by
(a)
publishing notice at least once a week for 2 consecutive weeks in at least one
newspaper or other publication circulating in the area to which the proposed
bylaw relates; or
(b)
mailing or delivering notice to every residence in the area to which the proposed
bylaw relates.
(7)
A notice of a public hearing must be advertised at least 5 days before the public hearing
occurs.
(8)
A notice must contain
(a)
a statement of the general purpose of the proposed bylaw and public hearing;
(b)
the address where a copy of the proposed bylaw and any document relating to it
or the public hearing may be inspected,
(c)
the date, place and time where the public hearing will be held.
(9)
In the case of an amendment to change the district designation of a parcel of land, the
Development Officer must, in addition to the requirements of subsection (6),
(a)
include in the notice
(i)
the municipal address, if any, and the legal address of the parcel of land;
and
(ii)
a map showing the location of the parcel of land;
(b)
give written notice containing the information described in clause (a) and
subsection (7) to the assessed owner of that parcel of land at the name and
address shown in the assessment roll of the municipality, and
13
(c)
give written notice containing the information described in clause (a) and
subsection (6) to each owner of adjacent land at the name and address shown
for each owner on the assessment roll of the municipality.
(10)
If the land referred to in subsection (9)(c) is in the County of Stettler, the written notice
must be given to that municipality and to each owner of adjacent land at the name and
address shown for reach owner on the tax roll of the County of Stettler.
(11)
Notwithstanding subsection (5), the Land Use Bylaw may be amended without giving
notice or holding a public hearing if the amendment corrects clerical, technical,
grammatical or typographical errors and does not materially affect the Land Use Bylaw
in principal or substance.
(12)
In the public hearing, the Council
(a)
must hear any person, group of persons, or person representing them, who
claims to be affected by the proposed bylaw and who has complied with the
procedures outlined by the Council; and
(b)
may hear any other person who wishes to make representations and whom the
Council agrees to hear.
(13)
After considering the representations made to it about the proposed bylaw at the public
hearing and after considering any other matter it considers appropriate, the Council may
(a)
pass the bylaw,
(b)
refer it for further information or comment,
(c)
make any amendment to the bylaw it considers necessary and proceed to pass it
without further advertisement or hearing, or
(d)
defeat the bylaw.
(14)
Prior to third reading of the proposed bylaw, Council may require the applicant to apply
for a development permit and negotiate a development agreement in respect of the
proposal that initiated the application for amendment.
(15)
After third reading of the proposed bylaw, the Development Officer shall send a copy of
it to
(a)
the applicant;
(b)
the registered owner of the land if not the applicant;
(c)
the County of Stettler, if it received a copy of the proposed bylaw pursuant to
subdivision (10).
(16)
The Development Officer shall not accept an application for an amendment which is
identical or similar to an application which was refused by the Council, for a period of 3
months after the date of the refusal unless, in the opinion of the Development Officer,
the reasons for refusal have been adequately addressed or the circumstances of the
application have changed significantly.
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(17)
In this section,
(a)
"adjacent land" means land that is contiguous to the parcel of land that is being
redesignated and includes
(i)
land that would be contiguous if not for a highway, road, river or
stream, and
(ii)
any additional land identified by the Development Officer;
(b)
"owner" means the person shown as the owner of land on the assessment roll
prepared pursuant to the Municipal Government Act.
1.10
Sections Found Invalid
If one or more provisions of this Land Use Bylaw are for any reason declared to be invalid, it is
intended that all remaining provisions are to remain in full force and effect.
15
PART TWO - DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL
2.1
Purpose of Development Permits
Development permits are required to ensure that all development is achieved in an orderly
manner.
2.2
Development Not Requiring a Development Permit
All development undertaken in the municipality requires an approved development permit prior
to commencement, except:
(a)
the carrying out of works of improvement, maintenance or renovation to any building
provided that such works do not include structural alterations or additions;
(b)
the completion of any development which has lawfully commenced before the passage
of this Land Use Bylaw or any amendment thereof, provided that the development is
completed in accordance with the terms of any permit granted in respect of it, and
provided that it is completed within 12 months of the date of commencement;
(c)
the use of any such development as is referred to in subsection (b) for the purpose for
which development was commenced;
(d)
the erection or construction of gates, fences, walls or other means of enclosure less
than 1m (3.28 ft.) in height in front yards, and the maintenance, improvement and other
alterations of any gates, fences, or walls or other means of enclosure;
(e)
a temporary building, the sole purpose of which is incidental to the carrying out of a
development for which a permit has been issued under this Land Use Bylaw;
(f)
a temporary use of a parcel not exceeding 6 months for the sole purpose of mobile
commercial sales (e.g. fish trucks, fruit trucks, etc.), providing a business license is
obtained from the municipality and the location of the business is to the satisfaction of
the Development Officer;
(g)
the installation, maintenance and repair of utilities;
(h)
any development carried out by or on behalf of the Crown;
(i)
any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
(j)
one accessory building used as a garden or tool shed on a residential parcel, such
building not to exceed 9.5m² (102.2 sq.ft.) in floor area and 2.5 m (8.2 ft.) in height;
(k)
development specified in Section 618 of the Municipal Government Act, which includes:
(i)
a highway or road,
(ii)
a well or battery within the meaning of the Oil and Gas Conservation Act,
(iii)
a pipeline or an installation or structure incidental to the operation of a pipeline,
or
16
(iv)
any other action, person, or thing specified by the Lieutenant Governor in
Council by regulation;
(l)
the erection of one non-illuminated sign of the following nature and size for each use
within a building or on a parcel, provided such signs do not resemble or conflict with
traffic signs:
(i)
a portable sign or notice, relating to the sale or lease of land or
buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a religious,
educational, cultural, political, or governmental nature not exceeding
3.0 m² (32.29 sq.ft.) and limited in display to the period of completion of
the sale, lease, construction or event,
(ii)
a flag attached to a single upright flagpole.
(m)
For the growth/cultivation of personal use cannabis plants not exceeding 4 plants per
dwelling and the growth/cultivation of such must be contained indoors.
2.3
Permission for Development
(1) (a)
An application for a development permit shall be made to the Development
Officer in writing on the form prescribed by Council and shall be accompanied
by:
(iii)
a scaled site plan in duplicate showing the treatment of landscaped
areas if required, the legal description, the front, rear, and side yards, if
any; any provision for off-street loading and vehicle parking and access
and egress points to the parcel;
(iv)
scaled floor plans, elevations and sections in duplicate;
(v)
a statement of existing and proposed uses;
(vi)
a copy of the Certificate of Title to the land and, if the applicant is not
the owner, a statement of the applicant's interest in the land together
with the written consent of the owner to the application;
(vii)
the estimated commencement and completion dates;
(viii)
the estimated cost of the project or contract price; and
(ix)
such other plans and information as the Development Officer may
consider necessary to properly evaluate the proposed development.
(b)
The Development Officer may refuse to accept an application for a development
permit where the information required by subsection 2.3(1)(a) has not been
supplied or where, in the opinion of the Development Officer the quality of the
material supplied is inadequate to properly evaluate the application.
(c)
The Development Officer may deal with an application and make a decision
without all of the information required by subsection 2.3(1)(a), if it is the opinion
of the Development Officer that a decision on the application can be properly
made without such information.
(2)
Each application for a development permit shall be accompanied by a non-returnable
processing fee, the amount of which shall be determined from time to time by
resolution of Council.
17
(3)
The Development Officer shall:
(a)
receive, consider and decide upon all applications for a development permit;
and
(b)
refer any application to an adjacent municipality or any other agency or person
which in his opinion may provide relevant comments or advice respecting the
application; and
(c)
refer all applications for development which would result in permanent
overnight accommodation, including dwellings, or public facilities to the Alberta
Energy and Utilities Board, if any of the land which is the subject of the
application is within 1.5 km (0.93 miles) of a sour gas facility and the proposed
development is not, in the opinion of the Development officer, an infill
development.
(4)
For a permitted use in any District,
the Development Officer/Municipal Planning Commission shall approve an application
for a development permit if the application complies with the requirements of the Land
Use Bylaw, the Act, Subdivision and Development Regulations, and statutory plans, and
the Development Officer may attach conditions to the permit necessary to ensure any of
the following:
(a)
Arrangements satisfactory to the Development Authority for the supply of
utilities including, but not limited to, water, electric power, sanitary sewer,
storm sewer, natural gas, cable or any one or more of them, including payment
of the cost of installation or construction of any such utility or facility by the
applicant;
(b)
Arrangements satisfactory to the Development Authority for vehicular and
pedestrian access from public roads and trails, on-site vehicular and pedestrian
circulation, parking, loading, landscaping or drainage, or any one or more of
these matters, including payment of the costs of installation or constructing any
such facility by the applicant;
(c)
That the developer enters into a development agreement or an interim
agreement, which shall form part of such development permit and may be
required to be registered by caveat against tile to the site at the Land Titles
Office, to do any or all of the following:
(i)
to construct or pay for the construction of a road required to give access
to the development;
(ii)
to construct, or pay for the construction of:
(A)
a pedestrian walkway system to serve the development, or
(B)
pedestrian walkways to connect the pedestrian walkway system
serving the development with a pedestrian walkway system that
serves or is proposed to serve an adjacent development, or
both;
18
(iii)
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
(iv)
to construct or pay for the construction of:
(A)
off-street or other parking facilities; and
(B)
loading and unloading facilities;
(d)
That the developer pays an off-site levy or redevelopment levy imposed by a
bylaw adopted pursuant to the Municipal Government Act;
(e)
That the developer provides security to ensure compliance with this Bylaw, a
development permit, an agreement under this clause and/or a statutory plan,
which security may include, but is not limited to, an irrevocable letter of credit
or change against the Certificate of Title to the site.
(f)
That the applicant repair, reinstate, or pay for the repair or reinstatement to the
original condition any street furniture, boulevard landscaping, and/or tree
planting which may damage or destroyed or otherwise harmed by development
or construction operations on the site.
(g)
That the applicant submits a Real Property Report to the satisfaction of the
Development Officer.
(5)
For a discretionary use in any District, the Municipal Planning Commission may approve
an application for a development permit subject to:
(a)
Any of those conditions listed in subsection (4); and
(b)
Any conditions that the Municipal Planning Commission may deem appropriate
to ensure compatibility with the amenities of the surrounding neighbourhood
and the use, enjoyment, and value of the neighbouring parcels of land,
including, but not limited to, the following:
(i)
Limiting the time of operation including hours of the day, days of the
week, and parts of the year;
(ii)
Limiting the number of patrons;
(iii)
Requiring attenuation or mitigation of noise of any other nuisances that
may be generated by the proposed development;
(iv)
Regarding the location, character, and such appearances of buildings;
(v)
Regarding the grading of the site or such other matters as are necessary
to protect other developments from the site;
(vi)
Establish the period of time during which a development may continue.
(6)
For a discretionary use in any District, the Municipal Planning Commission may refuse an
application for a development permit giving reasons for its refusal.
(7)
The Development Officer or Municipal Planning Commission, as the case may be, may:
(a)
Approve, with or without conditions, an application for a development permit,
or
19
(b)
Advise that a real property report appears to conform with the Land Use Bylaw,
or
(c)
Recommend approval of an application for subdivision approval,
notwithstanding that the proposed development or subdivision does not comply with
the Bylaw or is a non-conforming building, if in the opinion of the Development
Officer/Municipal Planning Commission the proposed development or subdivision or
non-conforming building
(i)
would not
(A)
unduly interfere with the amenities of the neighbourhood, or
(B)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(ii)
conforms with the use prescribed for that land or building in this Land
Use Bylaw.
(8)
Prior to imposing any condition upon the issue of a development permit pursuant to
subsection (5), the Development Officer/Municipal Planning Commission shall consult
with the Council as may be required in the circumstances and shall specify the terms
and content of the agreement in the condition in the development permit.
(9)
In the case where an application for a development permit has been refused pursuant
to this Part of ultimately after appeal to the Subdivision and Development Appeal Board
the submission of another application for a permit on the same parcel and for the same
or similar use of land by the same or any other applicant may not be accepted by the
Development Officer for at least six (6) months after the date of the final decision unless
in the opinion of the Development Officer the reasons for refusal have been
inadequately addressed or the circumstances of the application have changed
significantly.
2.4
Development Permits and Notices
(1) (a)
A permit issued pursuant to this Part does not come into effect until fourteen
(14) days after the date on which notice of issuance of the permit is given under
subsection 3(b) or (c) or twenty-one (21) days after the date on which notice of
issuance of the permit is given, if such notice is given under subsection 3(a) by
ordinary mail, whichever last occurs. Any development proceeded with by the
applicant prior to the expiry of this period is done solely at the risk of the
applicant.
(b)
The date of issue of any permit shall be the date of notification pursuant to
subsection (3).
(2)
Where an appeal is made pursuant to the Subdivision and Development Appeal Board, a
development permit which has been issued shall not come into effect until the appeal
has been determined and the permit may be modified or nullified thereby.
20
(3)
On the same date a development permit is issued, the Development Officer shall
publicize a notice of the issuance of the permit in any or all of the forms described as
follows:
(a)
mail a notice of the decision to all persons whose use, enjoyment or value of
property may, in the opinion of the Development Officer be affected; and/or
(b)
post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(c)
publish in a newspaper circulating in the municipality a notice of the decision.
(4)
If the development authority authorized by a permit is not commenced within twelve
(12) months from the date of its issue, or the date of decision of the Subdivision and
Development Appeal Board upon appeal, nor carried out with reasonable diligence as
determined by the Development Officer/Municipal Planning Commission, the permit
ceases to be effective, unless an extension to this period, being no longer than an
additional twelve (12) months, has previously been granted by the Development
Officer/Municipal Planning Commission.
(5)
A decision of the Development Officer on an application for a development permit shall
be given in writing and a copy of it sent to the applicant.
(6)
When the Development Officer refuses an application for a development permit, the
decision shall contain reasons for the refusal.
2.5
Cancellation
The Development Officer may cancel a development permit if
(a)
the permit was issued in error, or
(b)
the permit was issued on the basis of incorrect information.
2.6
Contravention
(1)
If the Development Officer/Municipal Planning Commission find that a development,
land use or use of a building is not in conformity with:
(a)
the Land Use Bylaw, Part 17 of the Municipal Government Act or Subdivision
and Development Regulation, or
(b)
a development permit or subdivision approval,
the Development Officer/Municipal Planning Commission may, by written notice, order
the owner, the person in possession of the land or building, or the person responsible
for the contravention, or any or all of them, to
(c)
stop the development or use of the land or building in whole or in part as
directed by the notice,
(d)
demolish, remove or replace the development, or
21
(e)
carry out other actions required by the notice so that the development or use of
the land or building complies with the Land Use Bylaw, Part 17 of the Municipal
Government Act or Subdivision and Development Regulation, a development
permit or subdivision approval,
and in such order establish a time for reasonable compliance with such order.
(2)
If a person fails or refuses to comply with an order under subsection (1) or an order of
the Subdivision and Development Appeal Board made pursuant to Part 17 of the
Municipal Government Act, the municipality may enter on the land or building and take
any action necessary to carry out the order.
(3)
The municipality may register a caveat under the Land Titles Act in respect of an order
referred to in subsection (1) against the Certificate of Title for the land that is the subject
of the order, but if it does so the municipality must discharge the caveat when the order
has been complied with.
2.7
Appeal Process and Procedure
An appeal of an order, a decision or a failure to make a decision of the Development
Officer/Municipal Planning Commission may be made in writing to the Subdivision and
Development Appeal Board in accordance with the provisions set forth in the Subdivision and
Development Appeal Board Bylaw.
2.8
Offences and Penalties
(1)
A person who contravenes or does not comply with
(a)
the Land Use Bylaw,
(b)
Part 17 of the Municipal Government Act,
(c)
the Subdivision and Development Regulation,
(d)
an order under Section 2.6(1) of this Bylaw,
(e)
a development permit or subdivision approval, or a condition therein,
(f)
a decision of the Subdivision and Development Appeal Board, or
(g)
who obstructs or hinders any person in the exercise or performance of his
powers or duties under this Land Use Bylaw,
is guilty of an offence.
22
2.9
Compliance with other Legislation
Compliance with the requirements of this Land Use Bylaw does not exempt any person from
(a)
the requirements of any federal, provincial or municipal legislation; and
(b)
complying with any easement, covenant, agreement or contract affecting the
development.
SCHEDULE B
23
SUPPLEMENTARY REGULATIONS
1.
Buildings
1(1)
Accessory Buildings
(a)
Residential Districts
(i)
No accessory building or any portion thereof shall be erected or placed within
the front yard of a parcel.
(ii)
An accessory building on an interior parcel shall be situated so that the exterior
wall is at least 1.00 m (3.28 ft.) from the side and rear boundaries of the parcel.
(iii)
An accessory building on a corner parcel shall not be situated closer to the
street than the main building. It shall not be closer than 1.00 m (3.28 ft.) to the other
side parcel boundary or the rear parcel boundary.
(iv)
An accessory building shall not be more than 4.50 m (14.8 ft.) in height, and
shall not exceed the height of the main building.
(v)
Notwithstanding subsections (ii) and (iii) of this Section, an accessory building or
any portion thereof may be erected or placed on the rear or side boundary common to
two parcels provided the accessory building serves the two abutting parcels.
(vi)
An accessory building erected or placed on a parcel shall not be used as a
dwelling.
(b)
Other Districts
(i)
No accessory building or any portion thereof shall be erected or placed within
the front yard of a parcel.
1(2)
Building Orientation and Design
The design, character and appearance of any building, or series of buildings, structure or sign
proposed to be erected or located in any District must be acceptable to the Development Officer
having due regard to:
(a)
amenities such as daylight, sunlight and privacy;
(b)
the character of existing development in the District; and
(c)
its effect on adjacent parcels.
1(3)
Number of Buildings on a Parcel
(a)
A development permit shall not be issued for more than one principle building on a
parcel except where it is proposed to develop more than one principle building to form
a single, unified group of buildings.
(b)
The number of dwelling units permitted on a parcel shall be limited to one, except
where:
SCHEDULE B
24
(i)
in the opinion of the Development Officer/Municipal Planning Commission,
either:
(A)
the building is clearly designed to be divided into more than one
dwelling, or
(B)
the development of the parcel is clearly designed to include more one
dwelling, and
(i)
the use conforms to the uses prescribed in Schedule C for the District in which
the parcel is located, and
(ii)
subject to section 2.3(6), the development complies with the provisions of this
Land Use Bylaw, and
(iii)
a development permit is issued for the use.
1(4)
Relocation of Buildings
(a)
No person shall
(i)
place on a parcel a building which has previously been erected or placed on a
different parcel, or
(ii)
alter the location of a building on a parcel which has already been constructed
on that parcel;
unless a development permit has been issued by the Development Authority.
(b)
In addition to the requirements of Section 2.3(1), Part Two, the Development Officer
may require an application for a development permit to be accompanied with:
(i)
recent colour photographs showing all sides of the building;
(ii)
a statement on the age, size and structural condition of the building; and
(iii)
a statement of proposed improvements to the building.
(c)
An application for a development permit may be approved by the Development Officer
if the proposal meets all of the regulations specified under the appropriate Land Use
District in which it is proposed to be located.
(d)
Where a development permit has been granted for the relocation of a building either on
the same parcel or from another parcel, the Development Officer may require the
applicant to provide a performance bond of such amount to ensure completion of any
renovations set out as a condition of approval of a permit.
(e)
All structural and exterior renovations shall be completed within one (1) year of the
issuance of a development permit.
SCHEDULE B
25
1(5)
Building Demolition
An application to demolish a building shall not be approved without a statement or plan which
indicates
(a)
how the operation will be carried out so as to create a minimum of dust or other
nuisance, and
(b)
the final reclamation of the parcel
2.
Yards
2(1)
Projections Over Yards
Projections on foundation walls and footings, or on piles are deemed to be part of the building,
and shall not be considered as a projection over a yard.
(a)
In residential Districts the portion of and attachments to a main or accessory building
which may project over or on a minimum yard are:
(i)
Side Yards
Any projection, including unenclosed steps or eaves, not exceeding one-half of the
minimum side yard required for the building, except in laneless subdivisions where
Section 2(4)(a) of Schedule B shall apply;
(ii)
Front Yards
SCHEDULE B
26
Any projection not exceeding 1.50 m (4.92 ft.) over or on the minimum front yard;
(iii)
Front and Rear Yard
Unenclosed steps, if they do not project more than 2.50 m (8.20 ft.) over or on a
minimum front or rear yard;
(iv)
Rear Yards
Any projection not exceeding 3.00 m (9.84 ft.) over the minimum rear yard.
(b)
In all other Districts, the portion of and attachments to a main or accessory building
which may project over or on a minimum yard are:
(i)
any projection not exceeding 1.50 m (4.92 ft.) into a front or rear yard;
(ii)
any projection not exceeding 0.600 m (1.97 ft.) into a side yard;
(iii)
any projection that is an exterior fire escape not exceeding 1.20 m (3.94 ft.) in
width.
(c)
No portion of a building other than eaves, signs or canopies shall project into a public or
private right-of-way.
2(2)
Objects Prohibited or Restricted in Yards
(a)
No person shall allow a motor vehicle which is in a dilapidated or unsightly condition, or
a derelict vehicle to remain or be parked on a parcel in a residential District, unless it is
suitably housed or screened to the satisfaction of the Development Officer.
(b)
No person shall allow a holiday trailer, motor home, camper, or large boat to be stored
in any yard abutting a street in a residential District, except in a rear yard on a corner
parcel where it shall not be less than 8.00 m (26.25 ft.) from the boundary of the street.
(c)
A holiday trailer, motor home or camper parked in a residential District may be used for
living and sleeping accommodation only by bona fide tourists for a maximum period of
thirty (30) days per annum.
(d)
No person shall allow a vehicle of more than 2,730 kg (6,018.6 lbs) (GVW) and/or a
length of 6.50 m (21.3 ft.) to be parked or stored in a residential District, except those
vehicles described in subsection 2(2)(b) of this Schedule.
2(3)
Satellite Dish Antennas
(a)
A satellite dish antenna shall only be located in a rear yard, or a side yard which does
not abut a street.
(b)
On an interior parcel, a satellite dish antenna shall be situated so that no part of it is
closer than 1.00 m (3.28 ft.) from the side or rear boundaries of the parcel.
SCHEDULE B
27
(c)
On a corner parcel, a satellite dish antenna shall be situated so that no part of it is closer
to the street than the main building, or closer than 1.00 m (3.28 ft.) from the other side
parcel boundary or the rear parcel boundary.
(d)
Where any part of a satellite dish antenna is more than 4.00 m (13.12 ft.) above grade
level, or when it is located other than described in subsection 2(3)(a) above, it shall be
both screened and located to the satisfaction of the Development Officer.
(e)
No advertising other than the manufacturer's name/logo shall be allowed on a satellite
dish antenna.
(f)
The illumination of a satellite dish antenna is prohibited.
(g)
A satellite dish antenna is an accessory use which requires an approved development
permit.
2(4)
Laneless Subdivisions
(a)
In a laneless subdivision in a residential District, one side yard shall not be less than
(i)
1.5 m (4.92 ft.), in the case of a detached dwelling with attached garage, or
(ii)
3 m (9.84 ft.), in the case of a detached dwelling without attached garage;
In a laneless subdivision in a commercial or industrial District one side yard shall
be not less than 6.00 m (19.69 ft.). This does not apply to an accessory building
where such building is located to the rear of the main building and separated
therefrom by a minimum distance of 12.00 m (39.37 ft.).
3.
Vehicles
3(1)
Parking
(a)
The following minimum number of parking spaces shall be provided and maintained
upon the use of a parcel or a building in any District as described in Schedule C of this
Land Use Bylaw. Any calculation of the number of parking spaces which produces a
requirement for part of a space shall be rounded up to the next highest integer.
Uses
Parking Spaces
Commercial
Indoor merchandise sales
3.5/100 m2 (1,076.4 sq.ft.)
Offices 2.5/100 m2 (1,076.4 sq.ft.)
Repair services
2.0/100 m2 (1,076.4 sq.ft.)
Restaurants, lounges and taverns
1.0/4 seats
Vehicle and equipment sales
2.0/100 m2 (1,076.4 sq.ft.)
SCHEDULE B
28
Uses
Parking Spaces
Industry
Manufacturing industry
Minimum provision
6.0
Office area
2.0/100 m2 (1,076.4 sq.ft.)
Other area
1.0/100 m2 (1,076.4 sq.ft.)
Warehousing and Storage
Minimum provision
4.0
Office area
2.0/100 m2 (1,076.4 sq.ft.)
Storage area
0.7/100 m2 (1,076.4 sq.ft.)
Public
Places of worship
1.0/4 seats
Public assembly buildings
1.0/4 seats
Schools
Elementary and junior high
1.0/1 worker
Senior high
1.0/1 worker and
1.0/20 students
Residential
Senior citizens housing
2.0/3 units of accommodation
All other
2.0/dwelling
Uses not listed above
The number of spaces shall be determined
by the Development Officer having regard
to similar uses listed above and the
estimated traffic generation and attraction
of the proposed use.
(b)
When a building is enlarged or the use of a parcel or a building is changed or increased
in intensity, the additional parking spaces to be provided shall be limited to the
difference between the requirement of the original building or use and that of the
enlarged building or changed or intensified use.
(c)
The parking space requirement on a parcel which has or is proposed to have more than
one use shall be the sum of the requirements for each of those uses.
(d)
Any loading space provided pursuant to subsection 3(2) of this Schedule may be used as
parking space.
(e)
Each parking space shall have dimensions of not less than 2.75 m (9.02 ft.) by 5.50m
(18.04 ft.).
(f)
The dimensions of parking areas shall be as set out in the following diagram and table.
SCHEDULE B
29
A
B
C
D
E
F
G
Parking
Angle
Stall
Width
Stall
Depth
Overall
Depth
Maneuvering
Space
Curb
Length
Row End
Length
0°
2.75 m
(9.02 ft.)
2.75 m
(9.02 ft.)
9.00 m
(29.53 ft.)
3.50 m
(11.48 ft.)
6.70 m
(21.98 ft.)
0.0 m
30°
2.75 m
(9.02 ft.)
5.00 m.
(16.4 ft.)
13.50 m
(44.29 ft.)
3.50 m
(11.48 ft.)
5.45 m
(17.89 ft.)
0.85 m
(2.79 ft.)
45°
2.75 m
(9.02 ft.)
5.70 m
(18.07 ft.)
15.40 m
(50.52 ft.)
4.00 m
(13.12 ft.)
3.85 m
(12.63 ft.)
2.05 m
(6.72 ft.)
60°
2.75 m
(9.02 ft.)
6.00 m
(19.69 ft.)
17.50 m
(57.41 ft.)
5.50 m
(18.04 ft.)
3.20 m
(10.49 ft.)
2.00 m
(6.56 ft.)
90°
2.75 m
(9.02 ft.)
5.50 m
(18.04 ft.)
18.00 m
(59.06 ft.)
7.00 m
(22.97 ft.)
2.75 m
(9.02 ft.)
0.0 m
(g)
A minimum standard of 24.75 m2 (266.4 sq.ft.) per parking space shall be used for
general calculations for the areas of parking facilities or the number of parking spaces in
a parking facility.
(h)
In commercial Districts, in lieu of providing parking spaces and subject to the approval of
the Council, a payment may be made to the Council at a rate per space which the
Council shall determine.
(i)
Parking spaces shall be located on the same parcel as the use for which they are being
provided except that, subject to the approval of the Development Officer, the spaces
may be located on another parcel within 50.00 m (164.0 ft.) walking distance, provided
that a restrictive covenant, ensuring the use of the parcel for the required number of
parking spaces, is registered against the Certificate of Title of that parcel.
(j)
Hard surfacing of the parking area shall be required, where a parking area enters a
paved public roadway, otherwise, the surfacing shall be all-weather.
SCHEDULE B
30
3(2)
Loading Spaces
(a)
Loading spaces shall be required for all non-residential development.
(b)
Loading spaces shall be designed and located so that all vehicles using those spaces can
be parked and maneuvered entirely within the bounds of the parcel before moving onto
a road.
(c)
Loading spaces shall be located in rear and side yards only.
(d)
A loading space shall be at least 3.5 m x 8 m (11.48 ft. x 26.25 ft.), with an overhead
clearance of at least 4.6 m (15.09 ft.).
(e)
Hard surfacing of the loading space shall be required, where a loading space enters a
paved road, otherwise, the surfacing shall be all-weather.
3(3)
Vehicle Access to Buildings
(a)
Any building into which a vehicle may enter shall have a driveway on the parcel at least
6 m (19.69 ft.) in length, except where the driveway enters a lane, where it shall be
either 1 m (3.28 ft.) or at least 6 m (19.69 ft.).
3(4)
Sight Lines at Intersections of Roadways
(a)
At the intersection of lanes, a 3 m (9.84 ft.) sight triangle shall be provided (see diagram
below).
(b)
At the intersection of other roads, the Development Officer may require the calculation
of sight triangles where:
(i)
one or more rights-of-way is less than 15 m (49.21 ft.), or
(ii)
regulated vehicle speed exceeds 50 km/h, or
(iii)
one of the carriageways is not centred in its right-of-way, or
(iv)
an intersection leg is curved or skewed, or
(v)
an intersection leg is sloped at 2% or greater.
(c)
Sight triangle calculations shall be in accordance with the recommended methods of the
Roads and Transportation Association of Canada regarding crossing sight distances for
roads.
SCHEDULE B
31
3(5)
Sight Triangles at Road and Rail Intersections
(a)
At the intersections of roads and railways which are unprotected by automatic warning
signals, sight triangles shall be determined using the diagram and table.
A = 228 m (750 ft.)
B = 53 m (175 ft.)
3(6)
Driveways
(a)
At street intersections, driveways shall be set back from the parcel boundaries which
form the intersection not less than
(i)
6.000 m (19.69 ft.) where the driveway serves not more than four dwelling units,
or
(ii)
15.00 m (49.21 ft.) for all other uses,
except where existing or planned traffic volumes indicate that a greater distance is
required to improve or maintain traffic safety and efficiency.
(b)
The maximum width of a driveway shall be 10.00 m (32.28 ft.).
(c)
The minimum distance between driveways shall be:
(i)
nil, where the driveways serve single dwelling units,
(ii)
6.000 m (19.69 ft.) where the driveways serve any other use,
except where existing or planned traffic volumes indicate that a greater distance is
required to improve or maintain traffic safety and efficiency.
(d)
To ensure that the movement of traffic is both safe and efficient, driveways are not
allowed on the streets identified on Schedule A, unless alternative access is not
available.
4.
Non-Conforming Buildings and Uses
(a)
A non-conforming use of land or a non-conforming use of a building may be continued
but if that use is discontinued for a period of six (6) consecutive months or more, any
future use of the land or building must conform with the Land Use Bylaw then in effect.
SCHEDULE B
32
(b)
A non-conforming use of part of a building may be extended throughout the building
but the building, whether or not it is a non-conforming building, may not be enlarged or
added to and no structural alterations shall be made to it or in it.
(c)
A non-conforming use of part of a parcel may not be extended or transferred in whole
or in part to any other part of the parcel of the lot and no additional buildings may be
constructed on the lot while the non-conforming use continues.
(d)
A non-conforming building may continue to be used but the building shall not be
enlarged, added to, rebuilt or structurally altered except
(i)
to make it a conforming building,
(ii)
for routine maintenance of the building, if the Development Office/Municipal
Planning Commission considers it necessary, or
(iii)
in accordance with the provisions of section 2.3(6) of Part Two.
(e)
If a non-conforming building is damaged or destroyed to the extent of more than 75% of
the value of the building above its foundation, the building may not be repaired or
rebuilt except in accordance with this Land Use Bylaw.
(f)
The use of land or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
5.
Miscellaneous
5(1)
Home Occupations
Home occupations shall comply with the following:
(a)
a home occupation shall not include any use or operation which detracts from the
amenities of a residential neighbourhood, by way of creating dangerous or
objectionable conditions;
(b)
a home occupation shall be incidental and subordinate to both the residential use and
the accessory residential building;
(c)
there shall be no exterior display or advertisement;
(d)
there shall be no outside storage of materials, commodities or finished products;
(e)
no commodity other than the product or service of the home occupation shall be sold
on the premises; and
(e)
no person other than a resident of the dwelling shall be employed.
5(2)
Swimming Pools
Every private swimming pool shall be secured against entry of the public other than owners,
tenants, or their guests.
SCHEDULE B
33
5(3)
Dangerous Goods
Prior to making any decision on a development application which involves dangerous goods or
development on adjacent land or in close proximity to any dangerous goods, the Development
Officer/Municipal Planning Commission shall refer the development proposal to the appropriate
regulatory authority for comments.
5(4)
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A temporary fence shall be erected around all excavations which in the opinion of the
Development Officer may be hazardous to the public.
(b)
Where finished ground elevations are established, all grading shall comply therewith.
(c)
All parcels shall be graded to ensure that storm water is directed to a road without
crossing adjacent land, except as permitted by the Municipal Planning Commission.
(d)
All topsoil shall be retained on the parcel, except where it must be removed for building
purposes.
5(5)
Development in Proximity to Oil and Gas Wells
In accordance with the Subdivision and Development Regulation, no building shall be
constructed within 100 m (328 ft.) of the well head of a gas or oil well, unless, in the opinion of
the Development Officer/Municipal Planning Commission, it may be considered an infill
development or is otherwise approved in writing by the Alberta Energy and Utilities Board.
5(6)
Development Setbacks from Landfills and Waste Sites
In accordance with the Subdivision and Development Regulation,
(a)
a school, hospital, food establishment or residence must not be approved and a
residence must not be constructed if the building site is within the distances from a
sanitary landfill, modified sanitary landfill, hazardous waste management facility, dry
waste site, waste processing site, waste storage site, waste sorting station or waste
transfer station specified in the Subdivision and Development Regulation, and
(b)
a sanitary landfill, modified sanitary landfill, dry waste site, hazardous waste
management facility, waste processing site, waste storage site, waste sorting station or
waste transfer station must not be approved within the distances from the property
boundary of a school, hospital, food establishment or residence specified in the
Subdivision and Development Regulation,
unless the development is approved in writing by the Deputy Minister of the Department of
Environment and Sustainable Resource Development.
SCHEDULE B
34
5(7)
Land Use Policies
Every action undertaken by the municipality and the Development Officer/Municipal Planning
Commission must be consistent with any land use policies established pursuant to the Municipal
Government Act.
5(8)
Cannabis Retail Sales and Production
(a)
A Cannabis Retail Sales or Production Facility must comply to provisions of the Gaming,
Liquor and Cannabis Act.
(b)
Owners/Applicants must obtain and submit a copy of the Retail Cannabis Store License
from the Province of Alberta.
(c)
The Development Authority may permit a Cannabis Retail Sales or Production Facility
only if, in their opinion it complies with the following regulations:
(i)
In addition, and described in the Gaming, Liquor and Cannabis Act:
A premises described in a Cannabis License may not have any part of an exterior
wall that is located within 400 meters of:
(A)
a provincial health care facility or a boundary of the parcel of land
on which the facility is located,
(B)
a building containing a school or a boundary of a parcel of land on
which the building is located, or
(C)
a boundary of a parcel of land that is designated as school reserve
or municipal reserve under the Municipal Government Act.
Figure: Cannabis Retail Sales and Production Facility Exclusion Area
SCHEDULE B
35
(d)
The Development Authority shall consider the following matters as part of the decision
making process for an application for a Cannabis Retail Sales or Production Facility:
(i)
Proximity and relevance of impact to facilities frequented by Children and
Youth, including but not limited to:
(A)
Day Care Facilities
(B)
Parks
(C)
Recreation Facilities
(ii)
Day Homes and Home Schools do not require a separation distance from a
Cannabis Retail Sales Use.
(iii)
Compatibility of the use in relation to the site, surrounding development and
the potential effect of the development on the adjacent properties.
6.
Guidelines for Other Land Uses
All uses which are not covered by specific regulations in a land use District shall, in accordance
with the following guidelines, be
(a)
separated from adjacent uses by such a distance as to ensure that there will be no
adverse impact upon or by those adjacent uses,
(b)
at a density which is consistent with that prevailing in the area, unless otherwise
provided for in a statutory plan,
(c)
set-back from any parcel boundary abutting a road a sufficient distance to ensure that
the development will not be visually intrusive, having regard to any possible changes in
surrounding uses,
(d)
of a height which will be consistent with that prevailing in the area,
(e)
developed in such a manner that there will be no adverse impact upon or by traffic on
adjacent public roadways, and
(f)
developed in conformance with any applicable statutory plan policies.
SCHEDULE C
36
GENERAL RESIDENTIAL DISTRICT (R)
General Purpose:
To provide an area for a variety of dwelling types and
other uses, herein listed, which are compatible with a
residential area, all of which are connected to the
municipal sewer and water systems.
Permitted Uses:
Accessory residential buildings
Detached Dwellings
Discretionary Uses:
Accessory Uses
Mobile homes
Building demolition
Home occupations
Mechanized excavation, stripping and grading
Parks and playgrounds
Public and quasi-public uses
Senior citizen housing
Public utility buildings
Any use that is similar, in the opinion of the
Development Officer, to the permitted or discretionary
uses described above.
(1)
The following regulations apply to detached dwellings:
Minimum Parcel Area:
Interior Parcels 450 m2 (4,843.92 sq.ft.)
Corner Parcels 500 m2 (5,382.13 sq.ft.)
Minimum Front Yard:
6 m (19.69 ft.)
Minimum Side Yard:
1.5 m (4.92 ft.) except where it abuts a public roadway -
3 m (9.84 ft.), or as required in the Alberta Building
Code, whichever is greater
Minimum Rear Yard:
10 m (32.81 ft.)
Maximum Parcel Coverage:
55%
Maximum Building Height:
7.5 m (24.61 ft.)
Supplementary Regulations:
This use must also comply with the regulations as stated
in Schedule B.
(2)
The following regulations apply to mobile homes:
Minimum Parcel Area:
Interior Parcels 375 m2 (4,036.59 sq.ft.)
Corner Parcels 420 m2 (4,520.99 sq.ft.)
Maximum Parcel Coverage:
55%
SCHEDULE C
37
Minimum Yard Requirements:
Mobile homes and their attached structures shall be at
least:
i)
6 m (19.69 ft.) from one another
ii)
6 m (19.69 ft.) from the front parcel boundary
iii)
3 m (9.84 ft.) from the rear parcel boundary
iv)
1.5 m (4.92 ft.) from the side parcel boundary
except on a corner parcel where the side yard
abutting a public roadway shall be at least 3 m
(9.84 ft.)
Minimum Floor Area:
65 m2 (699.68 sq.ft.)
Minimum Mobile Home Width:
3.5 m (11.48 ft.)
Building Design:
All mobile homes shall be factory built. Skirting or any
attached structure shall be factory built with matching
exterior finish, or be of durable all-weather construction
and designed in a manner that will enhance the
appearance of the mobile home. All wheels must be
removed and the mobile home placed on permanent
foundation, or concrete piers.
Supplementary Regulations:
This use must also comply with the regulations as stated
in Schedule B.
The regulations for uses other than detached dwellings and mobile homes shall be as established in
Schedule B.
SCHEDULE C
38
LOW DENSITY RESIDENTIAL DISTRICT (R1) [Bylaw #651/2008]
Purpose:
To establish areas for low density development in the form of detached dwellings and compatible uses
which are connected to the Village's sewer and water systems.
(1) Permitted Uses:
a)
New single detached dwellings constructed on-site
b)
Modular homes
c)
Parks and playgrounds
d)
Buildings accessory to the above
(2) Site Requirements for Permitted Uses:
a)
The minimum SITE AREA for a single detached dwelling or modular home shall be 555
square metres (5974 square feet) or such greater size necessitated to meet minimum
yard requirements.
b)
The minimum yard requirements shall be:
i.
Front Yard: A minimum of 6 metres (19.69 feet)
ii.
Side Yard: A minimum of 1.5 metres (4.92 feet) on both sides of the building
shall be required except:
where the site width exceeds 15 metres (50 feet), a minimum of 10% of site
width up to a maximum of 3 metres (10 feet) shall be required on both sides
of the building.
iii. Rear Yard: No part of the main building shall be closer than 10 metres (32.8 feet)
to the rear property line.
c)
The minimum FLOOR AREA requirements for a single family dwelling:
One Storey
85 m2 (915 square feet).
One and One Half Story or Split Level:
Upper floor:
37 m2 (400 sq. ft.)
Lower Floor:
70 m2 (750 sq. ft.)
Two Story:
Upper Floor:
60.3 m2 (650 sq. ft.)
Lower Floor:
60.3 m2 (650 sq. ft.)
Bi-Level Upper Floor:
79 m2 (850 sq. ft.)
d)
The maximum allowable BUILDING HEIGHT of the primary building shall be 8 metres
(26 ¼ feet).
e)
The maximum SITE COVERAGE by all buildings (except garden suites) shall be no
more than 50%.
f)
The maximum SITE COVERAGE for any accessory building shall be no more than 12%.
SCHEDULE C
39
g)
OTHER requirements are:
i.
Accessory building shall be:
3 metres (10 feet) from the main building
1 metre (3 feet) from any property line PROVIDED THAT access doors are no
closer than 6 metres (20 feet) from opposite property line.
ii.
No fence or wall shall be:
Higher than 2 metres (6.5 feet) from surrounding grade in side and rear
yards.
Higher than 1 metre (3 feet) in front yards.
(3) Discretionary Uses:
The following uses may be permitted subject to the conditions of this Section or such other conditions
as may be applicable:
a)
Buildings accessory to the above
(4) Site Requirements for Discretionary Uses:
a)
Minimum site area for modular homes shall be the standards for single family
dwellings specified in Section 2(a) of this Schedule.
b)
Minimum site area for all other uses shall be established by the Development
Authority taking each case on its own merits.
c)
The maximum number of dwellings per lot shall be one, except at the discretion of
the Development Authority more than one may be allowed based on the merits of
the proposal.
(5) Yard Requirements for Discretionary Uses:
a)
The minimum front and rear yard requirements shall be the standards specified in
Section 2(b)(i & ii) of this Schedule.
b)
The minimum side yard requirements shall be the standards specified in Section
2(b)(ii) of this Schedule.
Note:
Where physical site conditions make this impossible or impractical the Development
Authority may relax the lot depth requirements - the lot area is then to be made up
by increasing the width.
(6) Other Requirements are:
a)
The Development Authority may refer applications for development permits for
discretionary uses to the Manager of the Parkland Community Planning Services (or
any other agency the Development Authority feels is necessary) for comments, which
shall be provided in writing.
b)
Public parks and playgrounds are discretionary uses provided that any accessory
buildings shall have a maximum height of 8 metres (26 ¼ feet).
c)
Public utility buildings, structures and installations where such buildings or structures
or installations are required for the provision of utility services in the R1 Low Density
Residential District are discretionary uses.
SCHEDULE C
40
d)
Modular Home Design
The external appearance of modular homes must be acceptable to the Municipal
Planning Commission having regard to compatibility with other buildings in the
vicinity and must have:
(i)
A minimum roof pitch of 4:12
(ii)
A roof surface of wood or asphalt shingles, clay or concretion tiles, slates or
wood shakes
(iii)
A minimum roof overhang or eaves of 0.40 m (16 inches) from each external
wall
(iv)
A maximum length to width ratio of 3:1
(v)
A maximum width of 6.7 m (22.0 ft.)
(vi)
A permanent foundation.
SCHEDULE C
41
CENTRAL COMMERCIAL DISTRICT (C)
General Purpose:
To provide an area for intensive commercial use,
offering a wide variety of goods and services, and other
uses, herein listed, which are compatible with the area,
which will create an attractive environment for
pedestrians, but which will be accessible to motor
vehicles.
Permitted Uses:
Indoor merchandise sales
Offices
Personal services
Discretionary Uses:
Accessory Uses
Building demolition
Bus depots
Cannabis Retail Sales
Existing residences
Sales and service outlets for automobiles, trucks,
recreation vehicles and mobile homes
Services for the travelling public
Sales and service outlets for farm equipment
Dwelling units above the ground floor
Mechanized excavation, stripping and grading
Parking facilities
Public and quasi-public uses
Repair services
Utility buildings
Any use that is similar, in the opinion of the
Development Officer, to the permitted or discretionary
uses described above.
The following regulations apply to permitted uses:
Minimum Front Yard:
Nil
Minimum Side Yard:
Nil, or as required in the Alberta Building Code,
whichever is greater.
Minimum Rear Yard:
Shall be provided for parking and loading spaces in
accordance with Sections 3(1) and 3(2) of Schedule B.
Maximum Parcel Coverage:
100%
Outdoor Storage:
Outdoor storage is not permitted.
Maximum Building Height:
10 m (32.8 ft.)
SCHEDULE C
42
Supplementary Regulations:
All uses must also comply with the regulations as stated
in Schedule B.
The following regulations apply to discretionary uses:
Minimum Parcel Frontage:
15 m (49.21 sq.ft.)
Minimum Front Yard:
9 m (29.53 ft.)
Minimum Side Yard:
3 m (9.84 ft.), or as required in the Alberta Building
Code, whichever is greater.
Minimum Rear Yard:
6 m (19.69 ft.)
Maximum Parcel Coverage:
80%
Outdoor Storage:
All outdoor storage shall be screened.
Maximum Building Height:
10 m (32.8 ft.)
The following regulation applies to dwelling units above ground floor:
Dwelling Unit Entrance:
Dwelling units shall have an entrance separate from the
entrance to any commercial component of the building.
Supplementary Regulations:
All uses must also comply with the regulations as stated
in Schedule B.
SCHEDULE C
43
COMMERCIAL RETAIL LAND USE DISTRICT (CR) [Bylaw #678/2014]
General Purpose:
To provide an area for commercial retail use, offering a wide variety of goods and services, herein listed,
which are compatible with the area, which will create an attractive environment for pedestrians but
which will be accessible to motor vehicles.
(1) Permitted Uses:
a)
Indoor merchandise sales retail
b)
Offices
c)
Personal services
(2) Non-Permitted Uses:
a) Storage and Warehousing
b) Auto Wrecker
c) Apartment
d) Auto Repair
e) Car Wash
(3) Discretionary Uses:
a) Cannabis Retail Sales
(4) The following regulations apply to permitted uses:
a)
Minimum front yard: Nil
b)
Minimum side yard: Nil or as required in the Alberta Building Code, whichever is
greater.
c)
Minimum Rear Yard: Shall be provided for parking and loading spaces.
d)
Outdoor storage is not permitted.
e)
Maximum building height - 10m (32.8 Ft.)
f)
The maximum SITE COVERAGE for any accessory building shall be no more than 12%.
(5) The following regulation applies to dwelling units:
a)
Dwelling Unit Entrance:
Dwelling units shall have an entrance separate from the entrance to any commercial
component of the building Any residence must occupy no more than the rear half of
the main floor or the second story without limitation.
SCHEDULE C
44
(4) Site Requirements for Discretionary Uses:
a)
Minimum site area for modular homes shall be the standards for single family
dwellings specified in Section 2(a) of this Schedule.
b)
Minimum site area for all other uses shall be established by the Development
Authority taking each case on its own merits.
c)
The maximum number of dwellings per lot shall be one, except at the discretion of
the Development Authority more than one may be allowed based on the merits of
the proposal.
(5) Yard Requirements for Discretionary Uses:
a)
The minimum front and rear yard requirements shall be the standards specified in
Section 2(b)(i & ii) of this Schedule.
b)
The minimum side yard requirements shall be the standards specified in Section
2(b)(ii) of this Schedule.
Note:
Where physical site conditions make this impossible or impractical the Development
Authority may relax the lot depth requirements - the lot area is then to be made up
by increasing the width.
(6) Other Requirements are:
a)
The Development Authority may refer applications for development permits for
discretionary uses to the Manager of the Parkland Community Planning Services (or
any other agency the Development Authority feels is necessary) for comments, which
shall be provided in writing.
b)
Public parks and playgrounds are discretionary uses provided that any accessory
buildings shall have a maximum height of 8 metres (26 ¼ feet).
c)
Public utility buildings, structures and installations where such buildings or structures
or installations are required for the provision of utility services in the R1 Low Density
Residential District are discretionary uses.
d)
Modular Home Design
The external appearance of modular homes must be acceptable to the Municipal
Planning Commission having regard to compatibility with other buildings in the
vicinity and must have:
(i)
A minimum roof pitch of 4:12
(ii)
A roof surface of wood or asphalt shingles, clay or concretion tiles, slates or
wood shakes
(iii)
A minimum roof overhang or eaves of 0.40 m (16 inches) from each external
wall
(iv)
A maximum length to width ratio of 3:1
(v)
A maximum width of 6.7 m (22.0 ft.)
(vi)
A permanent foundation.
SCHEDULE C
45
INDUSTRIAL DISTRICT (I)
General Purpose:
To provide an area for light industrial uses, and other
uses, herein listed, which are compatible with the area,
with heavy industry permitted in approved locations at
the discretion of the Development Officer.
Permitted Uses:
Light manufacturing
Veterinary clinic
Warehousing
Municipal Shops and storage
Sewage treatment facilities
Discretionary Uses:
Accessory Uses
Building demolition
Bulk fuel and fertilizer sales and storage
Cannabis Retail Sales
Cannabis Production
Cartage and freight terminals
Dwelling unit for the occupancy of the owner, operator
or caretaker
Feed mills, grain elevators and seed cleaning plants
Heavy equipment assembly, sales and service
Heavy manufacturing
Mechanized excavation, stripping and grading
Non-renewable resource extraction
Open storage yards
Parking facilities for uses in this District
Railway uses
Repair services
Solid waste transfer station
Utility buildings
Any use that is similar, in the opinion of the
Development Officer, to the permitted or discretionary
uses described above.
The following regulations apply to permitted uses:
Minimum Parcel Frontage:
15 m (49.21 ft.)
Minimum Front Yard:
9 m (29.53 ft.)
Minimum Side Yard:
3 m (9.84 ft.), or as required in the Alberta Building
Code, whichever is greater
Maximum Parcel Coverage:
80%, which includes parking facilities and outdoor
storage
and
display
areas,
but
excludes
hard
landscaping.
Minimum Rear Yard:
6 m (19.69 ft.)
SCHEDULE C
46
Supplementary Regulations:
All uses must also comply with the regulations as stated
in Schedule B.
The regulations for all discretionary uses shall be as established in Schedule B.
SCHEDULE C
47
PARKS AND RECREATION DISTRICT (PR) [Bylaw #656.01/2009]
Purpose:
To establish a district for the development of land for parks, recreation areas and related facilities for
the use and enjoyment of the public.
(1) Permitted Uses:
a)
Parks
b)
Natural amenity areas
c)
Golf Courses
d)
Campgrounds
e)
Sports and recreation facilities, including complimentary uses and buildings
(2) Discretionary Uses:
a)
Building demolition
b)
Mechanized excavation, stripping and grading
c)
Any use that is similar, in the opinion of the Development Officer, to the permitted or
discretionary uses described above.
(3) The following regulations apply to permitted and discretionary uses:
Minimum Front Yard:
4.5 m (17 ft.)
Minimum Side Yard:
3 m (10 ft.), or as required in the Alberta Building Code,
whichever is greater
Minimum Rear Yard:
6 m (20 ft.)
Maximum Parcel Coverage:
80%, (eighty per cent)
Supplementary Regulations:
All uses must also comply with the regulations as stated in
Schedule B.
(4) Development regulations:
All site regulations shall be at the discretion of the Development Authority. The design, siting,
landscaping, screening, signage and buffering shall minimize and compensate for any objectionable
aspects for potential incompatibility with development in abutting districts.
SCHEDULE C
48
PUBLIC USE DISTRICT (PU) [Bylaw #658/2009]
Purpose:
To provide for an area for the development of public and/or privately owned institutions or community
services relating to protective services, infrastructure and utilities, and other uses operated by Federal,
Provincial, or Municipal levels of government.
(1) Permitted Uses:
a)
Antenna structures
b)
Municipal water and wastewater facilities
c)
Municipal works and maintenance facilities
d)
Parking lots
e)
Protective and emergency service facilities
f)
Public health facilities
g)
Religious assembly
h)
Public recreation
(2) Discretionary Uses:
a)
Accessory buildings and uses
b)
Day Care facilities
c)
Any use that is similar, in the opinion of the Development Officer, to the permitted or
discretionary uses described above.
(3) The following regulations apply to permitted and discretionary uses:
Minimum Front Yard:
4.5 m (17 ft.)
Minimum Side Yard:
3 m (10 ft.), or as required in the Alberta Building Code,
whichever is greater
Minimum Rear Yard:
6 m (20 ft.)
Maximum Parcel Coverage:
50% (fifty per cent)
(4) Development regulations:
All site regulations shall be at the discretion of the Development Authority. The design, siting,
landscaping, screening, signage and buffering shall minimize and compensate for any objectionable
aspects for potential incompatibility with development in abutting districts.
SCHEDULE C
49
URBAN RESERVE DISTRICT (UR)
General Purpose:
To
reserve
land
for
future
subdivision
and
development until an overall plan is prepared for and
approved by Council.
Permitted Uses:
Nil
Discretionary Uses:
Accessory Uses
Building demolition
Mechanized excavation, stripping and grading
Farming and other uses that will not, in the opinion of
the Development Officer,
(1)
materially alter the use of the land from that
existing on the date the land was designated
to this Land Use District, or
(2)
conflict with future urban expansion
Public Utility buildings
Any use that is similar, in the opinion of the
Development Officer, to the permitted or discretionary
uses described above.
The following regulations apply to all uses:
Minimum Parcel Area:
All the land contained in the existing Certificate of Title,
unless otherwise approved by the Development Officer,
having regard to future use of the parcel and the form
of future subdivision and development.
Outdoor Storage:
All outdoor storage shall be screened.
Supplementary Regulations:
All uses must also comply with the regulations as stated
in Schedule B.
SCHEDULE C
50
DIRECT CONTROL DISTRICT (DC) [Bylaw #714/2021]
General Purpose:
To provide for a commercial use that is compatible
with the general nature of the neighbourhood.
Permitted Uses:
Such uses as deemed by Council to be compatible with
the general nature of the neighbourhood.
Site Regulations:
In addition to the Regulations contained in Schedule B, the following regulations shall apply to every
development in this district:
Site Coverage:
At Council's discretion.
Floor Area:
At Council's discretion.
Minimum Parcel Area:
At Council's discretion.
Maximum Building Height:
At Council's discretion.
Front Yard Setback:
At Council's discretion.
Side Yard Setback:
At Council's discretion.
Rear Yard Setback:
At Council's discretion.
Parking:
At Council's discretion.
Accessory Building:
At Council's discretion.