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Bylaw No. 2024/03/D
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As part of preparing the Drayton Valley Land Use Bylaw, we acknowledge that
we live, work, and gather on Treaty 6 lands, a part of the traditional territories
of the many First Nations, Metis, and Inuit in Alberta. The Town of Drayton
Valley is grateful for the Knowledge Keepers and Elders and the stories and
teachings they share of these lands and its people as they help to shape the
future planning for Drayton Valley.
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Land Use Bylaw Structure
The following is intended for information only and does not form part of the Town of Drayton Valley
Land Use Bylaw No. 2024/03/D.
The Land Use Bylaw is a municipal planning tool used by the Town to regulate all land uses and buildings
within the municipality. It is one of the Town's tools to implement the goals, objectives and policies of
other Town documents, such as the Municipal Development Plan, which sets the long-term framework
for growth and development. The Land Use Bylaw works by dividing the municipality into Districts to
direct where residential, commercial, industrial and public uses may be located as well as the standards
associated with their development.
Ultimately, the Land Use Bylaw is the "rule book" for managing the potential impacts created by land
uses and development, providing certainty to those who live, work and enjoy the Town of Drayton Valley
of the types and forms of developments that are to occur in the future.
This Bylaw is organized into seven (7) parts:
PART I: INTRODUCTION
This section introduces readers to the Land Use Bylaw, establishes bylaw jurisdiction and
introduces the people and groups with the authority to exercise development and subdivision
powers in the Town of Drayton Valley.
PART II: LAND USE DISTRICTS
This section outlines the establishment of land use districts and their purpose in land use planning
and development. By delineating specific Districts for various purposes, these Districts shape the
spatial organization of communities, influencing everything from residential patterns to
commercial activities and environmental preservation efforts.
PART III: DEVELOPMENT REGULATIONS
This section provides regulations that apply across the various standard Districts for all types of
uses and developments. These rules complement the provisions outlined in Part II and are often
cross-referenced. It also includes rules for landscaping, signage, parking, and loading.
PART IV: DEVELOPMENT AND SUBDIVISION PROCESS
This section details the requirements for obtaining a Development Permit and submitting a
Subdivision Application. It also covers the processes for decision-making and appeals.
PART V: ADMINISTRATION
This section outlines enforcement and penalties under the Land Use Bylaw, and the process for
making amendments to the Land Use Bylaw including applications for amending districting.
PART VI: GLOSSARY
This section contains definitions for words, terms, and phrases used throughout the Land Use
Bylaw, as well as definitions for all of the uses.
PART VII: SCHEDULES
This section contains regulations for Direct Control Districts and the Land Use Districting Map.
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Format of the Land Use Bylaw
The following is intended for information only and does not form part of the Town of Drayton Valley
Land Use Bylaw No. 2024/03/D:
The format of this Land Use Bylaw follows a simple layout intended to facilitate its use.
1. Section # Section Name
1.1
Section 1 Subsection
1.1.1.
Subsubsection
a. Paragraph
i.
Subparagraph
References in the Land Use Bylaw
The reference number starts with the Section number and is followed by levels of Subsections and
beyond. For example, 'subsection 7.1.1.a' refers to paragraph 'a' in subsection 7.1.1, which is part of
subsection 7.1 in Section 7.
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iv
Summary of Amendments
Revision
#
Date
Bylaw #
Description
v
Table of Contents
1.
ENACTMENT ................................................................................................................. 2
1.1
Title .................................................................................................................................................................................................. 2
1.2
Purpose .......................................................................................................................................................................................... 2
1.3
Application and Severability of this Bylaw ................................................................................................................. 3
1.4
Previous Bylaws ........................................................................................................................................................................ 3
1.5
Effective Date ............................................................................................................................................................................. 3
1.6
Applications in Progress ....................................................................................................................................................... 3
1.7
Compliance with Other Legislation................................................................................................................................. 4
1.8
Interpretation of this Bylaw ................................................................................................................................................ 5
1.9
Boundaries ................................................................................................................................................................................... 6
2.
APPROVING AUTHORITIES ......................................................................................... 8
2.1
Development Authority ........................................................................................................................................................ 8
2.2
Subdivision Authority ............................................................................................................................................................. 8
2.3 Duties of the Development Authority and Subdivision Authority ................................................................. 8
2.4 Subdivision and Development Appeal Board ........................................................................................................... 11
3.
EXEMPTIONS AND NON-CONFORMING DEVELOPMENT ........................................ 12
3.1
Control of Development ...................................................................................................................................................... 12
3.2 Non-Conforming Buildings and Uses ............................................................................................................................ 14
4.
ESTABLISHMENT OF DISTRICTS ............................................................................... 16
4.1
General Requirements .......................................................................................................................................................... 16
4.2 Summary Table ......................................................................................................................................................................... 18
5.
LAND USE DISTRICTS ............................................................................................... 23
5.1
Residential, Acreage (R-ACG) ......................................................................................................................................... 23
5.2 Residential, Low-Density (R-LOW) ............................................................................................................................... 25
5.3 Residential, Manufactured Home (R-MAN) .............................................................................................................. 28
5.4 Residential, Medium-Density (R-MED) ....................................................................................................................... 30
5.5 Residential, High-Density (R-HID) ................................................................................................................................. 32
5.6 Commercial, Downtown (C-DWT) ............................................................................................................................... 34
5.7 Commercial, Business (C-BUS) ....................................................................................................................................... 37
5.8 Commercial, Neighbourhood (C-NHD)...................................................................................................................... 40
5.9 Industrial, Medium (I-MED) ............................................................................................................................................... 42
5.10 Industrial, Heavy (I-HVY) ................................................................................................................................................... 45
5.11 Public, Service (P-S) ............................................................................................................................................................ 47
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5.12 Public, Recreation (P-R) .................................................................................................................................................... 49
5.13 Public, Recreation Major (P-RM) ..................................................................................................................................... 51
5.14 Public, Utilities (P-U) ............................................................................................................................................................. 53
5.15 Public, Conservation and Natural Open Space (P-C) ......................................................................................... 55
5.16 Urban Reserve (UR) .............................................................................................................................................................. 57
5.17 Direct Control (DC) .............................................................................................................................................................. 59
6.
GENERAL REGULATIONS .......................................................................................... 62
6.1
Access Requirements ........................................................................................................................................................... 62
6.2 Accessory Use, Buildings and Structures .................................................................................................................. 62
6.3 Amenity Space........................................................................................................................................................................ 63
6.4 Corner and Double Fronting Lots ................................................................................................................................. 63
6.5 Decks ........................................................................................................................................................................................... 64
6.6 Demolition or Removal of Buildings ............................................................................................................................ 65
6.7 Development on Lands Near Oil and Gas Infrastructure ................................................................................. 65
6.8 Development on Lands Subject to Flooding, Erosion, and Other Natural Hazards or
Environmentally Significant Features ......................................................................................................................... 66
6.9 Dwelling Units on a Lot ...................................................................................................................................................... 68
6.10 Easements and Rights-of-Way ...................................................................................................................................... 68
6.11 Excavation, Stripping, and Grading ............................................................................................................................. 68
6.12 Height and Grade .................................................................................................................................................................. 69
6.13 Residential Projections into Setbacks ........................................................................................................................ 70
6.14 Determining Yards ................................................................................................................................................................ 70
7.
SPECIFIC USE REGULATIONS .................................................................................. 72
7.1
General Regulations for Specific Uses ........................................................................................................................ 72
7.2
Animal Services, Major ......................................................................................................................................................... 72
7.3 Automotive, Equipment, and Vehicle Service, Major .......................................................................................... 72
7.4 Bareland Condominiums .................................................................................................................................................... 73
7.5 Bed and Breakfast ................................................................................................................................................................. 74
7.6 Cannabis Production and Distribution Facility ....................................................................................................... 75
7.7
Car Wash .................................................................................................................................................................................... 76
7.8 Crematorium ............................................................................................................................................................................. 77
7.9 Day Home ................................................................................................................................................................................... 77
7.10 Dwelling, Accessory .............................................................................................................................................................. 78
7.11 Dwelling, Live-Work Unit .................................................................................................................................................... 78
7.12 Drive-Through .......................................................................................................................................................................... 79
7.13 Establishment, Adult ............................................................................................................................................................. 79
7.14 Gas Station and Bulk Fuel Facility ................................................................................................................................ 80
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7.15 Home-Based Business ........................................................................................................................................................ 80
7.16 Home Parks ............................................................................................................................................................................... 82
7.17 Moved-In Principal Buildings ............................................................................................................................................83
7.18 Outdoor Shooting Range ...................................................................................................................................................83
7.19 Retail, Cannabis ...................................................................................................................................................................... 84
7.20 Retail, Liquor .............................................................................................................................................................................85
7.21 Religious Assembly .............................................................................................................................................................. 86
7.22 Shopping Centre .................................................................................................................................................................... 86
7.23 Solar Energy, Personal Use .............................................................................................................................................. 86
7.24 Solar Energy, Commercial ................................................................................................................................................. 87
7.25 Surveillance Suite ................................................................................................................................................................... 87
7.26 Swimming Pools and Hot Tubs ...................................................................................................................................... 88
7.27 Telecommunication Towers ............................................................................................................................................. 88
7.28 Work Camps ............................................................................................................................................................................ 88
8.
LANDSCAPING, FENCING AND SCREENING ........................................................... 90
8.1
Landscaping Requirements ............................................................................................................................................. 90
8.2 Landscaping Plan Requirements .................................................................................................................................... 92
8.3 Landscaping Securities ...................................................................................................................................................... 93
8.4 Landscaping of Existing Development ...................................................................................................................... 94
8.5 Non-Permissible Materials ................................................................................................................................................ 94
8.6 Fencing ....................................................................................................................................................................................... 94
8.7 Screening ................................................................................................................................................................................... 95
9.
SIGN REGULATIONS .................................................................................................. 96
9.1
General Sign Regulations .................................................................................................................................................. 96
9.2 Exemptions from Sign Development Permits ........................................................................................................ 98
9.3 Signage Restricted ............................................................................................................................................................. 100
9.4 Signage by Land Use District .......................................................................................................................................... 101
9.5 Awning and Canopy Signs ............................................................................................................................................... 101
9.6 Billboard Signs ....................................................................................................................................................................... 102
9.7 Fascia Signs ............................................................................................................................................................................ 104
9.8 Freestanding Signs .............................................................................................................................................................. 105
9.9 Illuminating Signs .................................................................................................................................................................106
9.10 Inflatable Signs .......................................................................................................................................................................106
9.11 Projecting Signs ....................................................................................................................................................................106
9.12 Roof Signs ................................................................................................................................................................................ 107
9.13 Temporary Signs ................................................................................................................................................................... 108
9.14 Sign Permits and Conditions of Approval ...............................................................................................................109
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10. PARKING AND LOADING REGULATIONS................................................................. 111
10.1 General Parking Regulations ............................................................................................................................................. 111
10.2 Parking Requirements ......................................................................................................................................................... 112
10.3 Parking Lot Plans ................................................................................................................................................................... 116
10.4 Bicycle Parking ....................................................................................................................................................................... 117
10.5 Loading Requirements ....................................................................................................................................................... 118
11.
PROCEDURE FOR DEVELOPMENT .......................................................................... 122
11.1
Development Permit Applications .............................................................................................................................. 122
11.2 Development Permit Application Contents ........................................................................................................... 122
11.3 Completeness of Applications ....................................................................................................................................... 123
11.4 Application Referrals and Public Notification ....................................................................................................... 124
11.5 Development Permit and Decisions ........................................................................................................................... 126
11.6 Deemed Refused .................................................................................................................................................................. 128
11.7 Encroachment Agreements ............................................................................................................................................ 129
11.8 Development Permit Decision Notices ..................................................................................................................... 129
11.9 Securities for Development Applications ................................................................................................................. 131
11.10 Validity of Development Permits ................................................................................................................................. 132
11.11 Development Permit Revisions ..................................................................................................................................... 133
12. PROCEDURE FOR SUBDIVISION ............................................................................ 134
12.1 Subdivision Applications .................................................................................................................................................. 134
12.2 Complete Subdivision Applications ............................................................................................................................ 135
12.3 Incomplete Subdivision Applications......................................................................................................................... 135
12.4 Subdivision Application Referrals ................................................................................................................................ 136
12.5 Subdivision Decision Time Period ............................................................................................................................... 136
12.6 Subdivision Application Decisions .............................................................................................................................. 137
12.7 Securities for Subdivision Applications .................................................................................................................... 139
12.8 Subdivision Application Approval Time Extensions .......................................................................................... 139
12.9 Approved Subdivision Endorsement Time Period............................................................................................. 140
13. DEVELOPMENT AND SUBDIVISION APPEAL PROCESS ........................................ 141
13.1 Appeal Authority ................................................................................................................................................................... 141
13.2 Procedure for Development Permit, Subdivision, and Stop Order Appeals .......................................... 141
13.3 Persons to be Heard at the Hearing ........................................................................................................................... 143
13.4 Appeal Decision .................................................................................................................................................................... 143
13.5 Court of Appeal ..................................................................................................................................................................... 144
14. ENFORCEMENT AND PENALTIES ........................................................................... 146
14.1 Compliance or Complaint Inquiry ................................................................................................................................ 146
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14.2 Warning Notice ..................................................................................................................................................................... 146
14.3 Stop Order and Enforcement of Stop Order ......................................................................................................... 146
14.4 Right of Entry and Authority to Enforce ................................................................................................................. 148
14.5 Offences and Fines .............................................................................................................................................................. 148
14.6 Issuance of a Violation Tag and Violation Ticket ................................................................................................. 149
14.7 Enforcement of Signs ......................................................................................................................................................... 150
15. BYLAW AMENDMENT ............................................................................................... 152
15.1 Amendment Procedure ..................................................................................................................................................... 152
15.2 Amendment Application .................................................................................................................................................. 152
15.3 Advertising Requirements ............................................................................................................................................... 154
15.4 Public Hearing ........................................................................................................................................................................ 155
15.5 Amendment Decisions ....................................................................................................................................................... 155
16. DEVELOPMENT PERMIT, SUBDIVISION, REDISTRICTING, AND AGREEMENT FEES ............... 157
17. DEFINITIONS ............................................................................................................ 160
17.1 Definitions.................................................................................................................................................................................160
17.2 General Definitions...............................................................................................................................................................160
17.3 Use Class Definitions .......................................................................................................................................................... 168
SCHEDULE A - DIRECT CONTROL DISTRICTS
SCHEDULE B - LAND USE MAPS
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LIST OF FIGURES
Figure 1. Corner Visibility Triangle. ..................................................................................................................................................... 64
Figure 2. Measuring the Height of a Building or Structure. .................................................................................................. 69
Figure 3. Yard Types. .................................................................................................................................................................................. 71
Figure 4. Cannabis Production and Distribution Facility setback. ..................................................................................... 76
Figure 5. Awning and Canopy Signs................................................................................................................................................ 102
Figure 6. Billboard Sign. ......................................................................................................................................................................... 103
Figure 7. Fascia Sign. .............................................................................................................................................................................. 104
Figure 8. Freestanding Sign. ................................................................................................................................................................ 105
Figure 9. Projecting Sign. ....................................................................................................................................................................... 107
Figure 10. Roof Sign. ................................................................................................................................................................................. 108
Figure 11. Temporary Sign. .....................................................................................................................................................................109
Figure 12. Parking Stall Dimensions. .................................................................................................................................................. 113
Figure 13. Landscaped Islands Within Parking Lots. ................................................................................................................. 117
Figure 14. Permitted Bicycle Rack Designs. .................................................................................................................................. 118
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1. Enactment
1.1
Title
1.1.1.
This Bylaw is entitled 'Town of Drayton Valley Land Use Bylaw No. 2024/03/D',
hereinafter referred to as the "Bylaw".
1.2
Purpose
1.2.1.
The purpose of this Bylaw is to provide direction for the orderly, economical, and
beneficial development, use of land and patterns of human settlement for the
residents of Drayton Valley. This Bylaw regulates and controls development or, where
necessary, prohibits development, without infringing on the rights of individuals for
any public interest except to the extent that is necessary for the overall greater public
interest.
1.2.2.
This Bylaw:
a. Implements policies of the Town's Municipal Development Plan and other
Statutory Plans;
b. Organizes the Town into land use districts;
c. Outlines Permitted and Discretionary Uses for each land use district;
d. Prescribes the subdivision and development regulations for each land use district,
generally and specifically;
e. Outlines the number of dwelling units permitted on a lot;
f. Establishes criteria for the Development Authority to make decisions on
applications for Development Permits, including the issuing of Development
Permits;
g. Establishes criteria for the Subdivision Authority to make decisions on applications
for subdivision, including the issuing of Subdivision Application approval;
h. Sets out the method to appeal a decision made by the Development Authority and
Subdivision Authority regarding this Bylaw;
i.
Identifies the manner that the notice of the issuance of a Development Permit is
given and to whom; and
j.
Describes the procedure for making amendments to this Bylaw.
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1.2.3.
This Bylaw does not have the authority to regulate residential tenancy in a way that
discriminates between individuals.
1.2.4.
This Bylaw shall be applied in a manner that is consistent with the Town's adopted
Statutory Plans, such as the Town's Municipal Development Plan, the provincial
Matters Related to Subdivision and Development Regulation, and provincial land use
policies. If there are inconsistencies between Statutory Plans, the higher-order Plan
shall prevail.
1.3
Application and Severability of this Bylaw
1.3.1.
Except as permitted in this Bylaw, no person shall commence a development unless a
Development Permit for that development has been issued and the appeal period has
expired.
1.3.2.
Each provision of this Bylaw is independent of all other provisions, and if any
provision of this Bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining provisions and
portions of this Bylaw.
1.4
Previous Bylaws
1.4.1.
The Town of Drayton Vally Land Use Bylaw 2020/12/D and amendments thereto are
hereby repealed.
1.5
Effective Date
1.5.1.
This Bylaw comes into effect upon the date of the third reading and is signed
pursuant to the MGA.
1.6
Applications in Progress
1.6.1.
A Development Permit application or Subdivision Application received and deemed
complete prior to the effective date of this Bylaw shall be processed in accordance
with Bylaw 2020/12/D.
1.6.2.
No application to amend Bylaw 2020/12/D shall be accepted after this Bylaw comes
into effect.
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1.7
Compliance with Other Legislation
1.7.1.
A person applying for, or in possession of, a Development Permit or Subdivision
Application approval is not relieved from the responsibility of determining and
complying with, or carrying out development in accordance with:
a. Statutory Plans;
b. Other Municipal Bylaws;
c. Municipal Government Act, RSA 2000 c. M-26;
d. Alberta Safety Codes Act, RSA 2000, and related regulations;
e. Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12;
f. Natural Resources and Conservation Board Act, RSA 2000, c. N-3;
g. Gaming, Liquor and Cannabis Act, RSA 2000, c G-1;
h. The Town's Minimum Design Standards for Development and Infrastructure Master
Plans as they pertain to transportation, water, sanitary, and stormwater
management;
i.
Any other applicable federal, provincial, or other municipal legislation; and
j.
The conditions of any caveat, restrictive covenant, easement, or other instrument
affecting a building or land.
1.7.2.
Nothing in this Bylaw affects the duty or obligation of a person:
a. To obtain any other permit, license, or other authorization required by any act or
regulation, or under any other Bylaw; or
b. To comply with the conditions of any easement, covenant, or agreement affecting
the building or land.
1.7.3.
In accordance with the MGA, when the Development Authority or Subdivision
Authority receives an application for a Land Use Bylaw amendment, Subdivision
Application approval, or Development Permit approval and the application is
consistent with a license, permit, approval, or other authorization granted by the
Natural Resources Conservation Board (NRCB), Energy Resources Conservation
Board (ERCB), Alberta Energy Regulator (AER), Alberta Energy Utilities Board
(AEUB), or the Alberta Utilities Commission (AUC), the Authority shall approve the
application to the extent that it complies with the license, permit, approval, or other
authorization granted.
1.7.4.
Further to subsection 1.7.3, the Development Authority shall approve the Land Use
Bylaw amendment within ninety (90) days of the application being received, or a
longer time period if agreed to by the applicant and the Development Authority.
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1.8
Interpretation of this Bylaw
1.8.1.
Words used in the singular include the plural and words used in the present tense
include the other tenses and derivative forms.
1.8.2.
Compliance with the regulations and provisions in this Bylaw shall be interpreted and
applied as follows:
a. "shall" means mandatory compliance except where a Variance has been granted
pursuant to the MGA or the Bylaw;
b. "should" means compliance in principle but is subject to the discretion of the
Development Authority where compliance is impracticable or undesirable because
of relevant planning principles or circumstances unique to a specific application;
c. "may" means discretionary compliance or a choice in applying a regulation or
provision at the discretion of the Development Authority.
1.8.3.
Where a regulation involves two (2) or more conditions or provisions connected by a
conjunction:
a. "and" means all the connected items shall apply in combination;
b. "or" indicates that the connected items may apply singly;
c. "and/or" indicates the items shall apply singly or in combination, at the discretion
of the Development Authority.
1.8.4.
Words, phrases, and terms not defined in Part VI Glossary may be given their
definition in the MGA, the Alberta Safety Codes Act, or the Interpretation Act. Other
words shall be defined by their usual and customary meaning, or as outlined in Part VI
Glossary.
1.8.5.
Measurements listed shall adhere to and comply with the stated metric
measurements. Any measurement greater than the exact regulation prescribed in this
Bylaw shall be considered more than the requirement and shall not be rounded down.
1.8.6.
The following notations may be used in place of whole words within this Bylaw:
a. "mm" shall mean millimetre(s);
b. "cm" shall mean centimetre(s);
c. "m" shall mean metre(s);
d. "m2" shall mean square metre(s);
e. "km" shall mean kilometre(s);
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f. "mi" shall mean mile(s);
g. "ha" shall mean hectare(s); and
h. "kg" shall mean kilogram(s).
1.8.7.
Drawings and graphic illustrations used in this Bylaw are for context and to aid in
interpreting and understanding the intent of regulations and provisions. If there is
conflict or inconsistency between a drawing or graphic illustration and the text of this
Bylaw, the text shall prevail.
1.8.8.
Fundamental Use Criteria within land use districts are requisite qualifiers for specific
or all Permitted and Discretionary Uses within the District. The purpose and intent of
Fundamental Use Criteria are to:
a. Limit or restrict the nature or scope of the Use;
b. Ensure that Uses achieve a particular planning objective that is inherent of the land
use district; and
c. Not be regulatory but to modify the scope of the use as it applies to that particular
land use district.
1.9
Boundaries
1.9.1.
The boundaries of the Land Use District Maps, shall be interpreted as follows:
a. When the boundary of a District follows a public right-of-way it follows the centre
line unless otherwise indicated;
b. When the boundary of a District abuts a provincial or federal property, railway
right-of-way, pipeline, or utility right-of-way it follows the boundary line;
c. When the boundary of a District is shown as approximately following the Town
boundary, it follows the Town boundary;
d. When the boundary of a District is shown as approximately following the edge of
any waterbody, including rivers, lakes, creeks, streams, etc., it follows the edge or
shoreline;
e. When a boundary of a District is shown as approximately following a lot line, it
follows the lot line; and
f. Where a land use district boundary is not located in conformity to the preceding
provisions and in effect divides or splits a registered lot, the disposition of such
boundary shall be determined by dimensions indicated on the Land Use District
Map or by measurements directly from that Map.
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1.9.2.
If the application of the above interpretations does not result in the exact location of a
District boundary, the Development Authority shall determine the exact location of
the boundary in doubt or in dispute in a manner consistent with the regulations and
provisions of this Bylaw, to the degree of detail that the circumstance requires.
1.9.3.
After the Development Authority has determined the exact location of a District
boundary, that portion of the location of the boundary shall not be altered, except
through an amendment to this Bylaw.
1.9.4.
The Development Authority shall maintain a record of all District boundary decisions.
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2. Approving Authorities
2.1
Development Authority
2.1.1.
The Development Authority is hereby established in accordance with the MGA.
2.1.2.
The Development Authority for the Town of Drayton Valley is the Chief
Administrative Officer, or their Designate Officer(s) as defined in Part VI Glossary of
this Bylaw, or Council where the context of this Bylaw permits, and shall exercise the
powers, duties, and functions of the Development Authority as specified in this Bylaw.
2.1.3.
Council for the Town of Drayton Valley shall act as the Development Authority on
Discretionary Use Development Permit applications referred to it by the Development
Authority.
2.1.4.
Council shall be responsible for decisions on Development Permit applications for
Direct Control (DC) Districts. Council may by resolution of Council, delegate
Development Permit approving authority for Direct Control (DC) Districts to the
Development Authority.
2.2
Subdivision Authority
2.2.1.
The Subdivision Authority is hereby established in accordance with the MGA.
2.2.2.
The Subdivision Authority for the Town of Drayton Valley is the Chief Administrative
Officer, or their Designate Officer(s) as defined in Part VI Glossary of this Bylaw and
shall exercise the powers, duties, and functions of the Subdivision Authority as
specified in this Bylaw.
2.3
Duties of the Development Authority and
Subdivision Authority
2.3.1.
The Development Authority shall:
a. Assist and advise Council and the public with respect to the requirements of this
Bylaw and other pertinent legislation to the best of their ability;
b. Receive and process Development Permit applications;
c. Keep and maintain for the inspection of the public during office hours and on the
Town's website a copy of this Bylaw and any adopted statutory plans, and all
subsequent amendments, and ensure that copies of the same are available to the
public at a reasonable charge set by Council, amended from time to time;
9
d. Keep on file in their office and make available for inspection by the public during
office hours a register of all Development Permit applications, including the
decisions made on those applications, according to the records retention
requirements as established by Council and amended from time to time;
e. Issue decisions on all Development Permit applications and state terms and
conditions, as authorized by the Bylaw or the MGA;
f. Refer Development Permit applications in a Direct Control (DC) District to Council,
except where Council has passed a resolution to permit the Development
Authority to act on its behalf;
g. Accept applications for amendment to this Bylaw and present to Council for
consideration with adequate supporting material and a staff recommendation
within sixty (60) days of receipt of the application;
h. Consider a Variance to a Development Permit application, provided it complies
with the requirements of the Alberta Building Code, and the 'Requirements of
Other Authorities', in accordance with the following:
i.
The proposed development, with the Variance, would not unduly interfere with
the amenities of the neighbourhood or materially interfere with or affect the
use, enjoyment, or value of neighbouring properties; and
ii. The Variance is a result of an error that is minor in nature in the situating of a
building or structure for which a Development Permit has been approved, and
the rectifying of the error would create unnecessary hardship to the registered
owner; or
iii. The Variance is deemed by the Development Authority to be preferable to
complying with the Bylaw.
iv. Notwithstanding subsections 2.3.1.h.i-iii, the Development Authority may refer
any Development Permit application requesting a Variance, with
recommendations to Council for their consideration and decision.
i.
Before considering an application to amend this Bylaw or approve a Development
Permit, determine its alignment with any applicable Area Structure Plan or Area
Redevelopment Plan, the Municipal Development Plan, and any other relevant
Statutory Plan, municipal policy or standard;
j.
Consider and decide upon all Development Permit applications considered
pursuant to the MGA and approve such applications with or without conditions,
except as provided otherwise in this Bylaw or in the MGA; and
k. Perform any other powers and duties as are specified in this Bylaw, the MGA or by
resolution of Council.
2.3.2.
The Development Authority may:
a. Refer a Development Permit application, in whole or in part, to any outside agency
or local authority they deem necessary for comment;
10
b. Provide a written letter agreeing to or requesting a time extension, in alignment
with this Bylaw;
c. Consult with Council prior to imposing conditions on a Development Permit;
d. Refer a decision on a Development Permit application to Council to act as the
'Development Authority';
e. Refuse a Development Permit application and provide the applicant with notice
stating the decision of refusal and the reasoning for it;
f. Issue letters certifying whether a current or proposed use of a building or property
complies with this Bylaw;
g. Approve a Development Permit application where a proposed use of land or
building is not provided for in the District which the land is Districted for in this
Bylaw if, in their opinion, determines the use is similar in character, intent, purpose
to a Permitted or Discretionary Use prescribed for that District; and
h. Allow a Variance, provided it complies with the requirements of this Bylaw.
2.3.3.
The Subdivision Authority shall:
a. Assist and advise Council and the public with respect to the requirements of this
Bylaw and other pertinent legislation to the best of their ability related to the
subdivision process and requirements;
b. Keep and maintain for the inspection of the public during office hours and on the
Town's website a copy of this Bylaw and any registered subdivision plans and
ensure that copies of the same are available to the public at a reasonable charge
set by Council, amended from time to time;
c. Keep on file in their office and make available for inspection by the public during
office hours a register of all Subdivision Applications including the decisions on
these applications, according to the records retention requirements as established
by Council and amended from time to time; and
d. Consider and decide upon all Subdivision Applications and approve such
applications with or without conditions, except as provided otherwise in this Bylaw
or in the MGA.
2.3.4.
The Subdivision Authority may:
a. Refer for comments any application which meets the requirements of this Bylaw to
any agency or person when deemed appropriate or as required under the Matters
Related to Subdivision and Development Regulation; and
b. Consult with Council prior to imposing conditions on a subdivision approval; and
c. Provide a written letter agreeing or requesting a time extension, in alignment with
this Bylaw.
11
2.4
Subdivision and Development Appeal Board
2.4.1.
The Subdivision and Development Appeal Board (SDAB) is established pursuant to
the 'SDAB Bylaw No. 2018/03/D and SDAB Amending Bylaw No. 2019/05/D', as
amended or replaced from time to time.
2.4.2.
The SDAB shall perform such duties as specified in this Bylaw and the 'SDAB Bylaw
No. 2018/03/D and SDAB Amending Bylaw No. 2019/05/D', as amended or replaced
from time to time.
12
3. Exemptions and Non-Conforming
Development
3.1
Control of Development
3.1.1.
No development, other than those outlined in subsection 3.1.2, shall be undertaken in
the Town unless a Development Permit application has been approved by the
Development Authority and the Development Permit has been issued.
3.1.2.
The following developments identified in Table 1 shall not require a Development
Permit provided that the proposed development complies with the applicable
regulations of this Bylaw and in accordance with all other applicable legislation,
regulations and bylaws.
T A B L E 1 . D E V E L O P M E N T S T H A T D O N ' T R E Q U I R E A D E V E L O P M E N T
P E R M I T .
DEVELOPMENT
PERMIT NOT REQUIRED
Accessory
Building or
Structure
Accessory building or structure with a footprint of 10.3 m² or
less, and a height of 3.1 m or less.
Decorations
Seasonal or holiday decorations.
Driveways
A driveway that does not impact existing grades, does not
cause drainage to flow onto adjacent lots, and does not exceed
the width of a garage or carport when connecting to a public
right-of-way.
Exempt
Developments
Those uses and development exempted by the MGA.
Fences and
Gates
Fences and gates that are 2.0 m or less in height in a rear or
side yard, and 1.0 m or less in height in a front yard in every
District except for the Industrial Districts.
Fences and gates that are 2.0 m or less in height in all yards in
Industrial Districts.
Flagpoles and
Lightning Rods
Freestanding flagpoles and lighting rods 6.0 m or less in height.
Government
Services
Installation, maintenance, replacement, or repair of public works,
roads, highways, facilities, and/or utilities carried out by or on
behalf of federal, provincial, or local authorities.
Home-Based
Office
Home-Based Office that does not extend outdoors and does
not have non-resident employees working onsite.
13
DEVELOPMENT
PERMIT NOT REQUIRED
Hot Tubs and
Swimming Pools
Hot tubs and above ground swimming pools that do not
encroach into the allowable setbacks, is secured against
unauthorized entry by a fence or wall at least 1.8 m above
ground level, and is designed to prevent children from gaining
access.
Landscaping
Landscaping where the proposed grades do not adversely
affect the subject or adjacent lots.
Maintenance
Routine maintenance to any building or structure, provided that:
it complies with the requirements of the Alberta
Building Code;
it does not constitute structural alterations; and
it does not change the use, intensity of the use, or size
of the building or structure.
Occupancy
within a
Shopping
Centre
Occupancy of a Permitted Use within a vacant space in an
existing and approved Retail, Shopping Centre.
Oil/Gas
Development
Installation of a well or battery within the meaning of the Oil and
Gas Conservation Act, a pipeline, or a structure incidental to the
operation of a pipeline, pursuant to the MGA.
Outdoor Fire Pit
Construction or installation of a fire pit.
Recreational
Vehicles
A maximum number of recreational vehicles stored on a lot, and
conform to the setbacks of the District, that do not a require
Development Permit, are indicated below:
Residential Districts - maximum of one (1) recreational
vehicle.
Commercial Districts - maximum of three (3)
recreational vehicles.
Industrial Districts - maximum of four (4) recreational
vehicles.
Public Districts - maximum of two (2) recreational
vehicles.
Residential, Acreage and Urban Reserve Districts -
maximum of three (3) recreational vehicles.
These requirements exclude Districts where recreational vehicle
parking areas are required or permitted.
Retaining Walls
Retaining walls less than 1.0 m in height. (If a fence is placed on
top of a retaining wall, the height of the retaining wall is
included in the total height of the fence.)
Satellite Dishes
Satellite dishes less than 1.0 m in diameter, directly attached to a
roof, side wall, or balcony.
14
DEVELOPMENT
PERMIT NOT REQUIRED
Signs
Signs as specified in subsection 9.2 'Exemptions from Sign
Development Permits'.
Solar Energy,
Personal Use
Ground, building, or roof-mounted solar panels installed in
compliance with the Alberta Building Code and this Bylaw used
solely for personal use provided they shall be required to meet
the setbacks specified in the District in which it is located and
the provisions in subsection 7.23 'Solar Energy, Personal Use'.
Special Events
Special events, such as weddings, birthday parties, family
reunions, religious celebrations, and funerals that occur
irregularly, and special events on lands owned and controlled by
the Town or local school board.
Temporary
Accommodation
Refer to the Town of Drayton Valley's Community Standards
Bylaw.
Temporary
Building,
Structure, and
Use
Temporary building, structure, or use incidental to the erection
or alteration of a building for which a Development Permit has
been issued under this Bylaw.
Uncovered Deck
Uncovered deck with a height of 0.6 m or less.
3.2
Non-Conforming Buildings and Uses
3.2.1.
Non-conforming Buildings and Non-Conforming Uses shall be treated in accordance
with the MGA.
3.2.2.
The Development Authority may issue a Variance permitting a non-conforming
building to be enlarged, added-to or rebuilt where:
a. The proposed development is consistent with the purpose and intent of the
applicable Land Use District;
b. The proposed development will not result in any additional non-compliance with
the requirements of this Bylaw;
c. There is, in the opinion of the Development Authority, no significant change to the
land use or an increase in the intensity of use; and
3.2.3.
The Development Authority may consider a Variance in any District if the non-
conforming use complies with the uses authorized in the applicable District and it
complies with the Variance criteria for a Permitted and Discretionary Use as set out in
this Bylaw.
16
4. Establishment of Districts
4.1
General Requirements
4.1.1.
Land use districts and the associated District provisions are established for the Town
within the Schedules of this Bylaw.
4.1.2.
All Direct Control Districts shall be included in Schedule "A" of this Bylaw.
4.1.3.
Schedule "B": Land Use District Maps organizes the Town into Districts and specifies
the District provisions applicable to particular lands.
4.1.4.
The regulations listed in Part III Development Regulations comprise all general and
specific development regulations, landscaping, parking and loading, and signage, and
shall govern any Permitted and Discretionary Uses listed within a District.
T A B L E 2 . L A N D U S E D I S T R I C T S A N D T H E I R P U R P O S E .
LAND USE
DISTRICT
DISTRICT PURPOSE AND INTENT
RESIDENTIAL DISTRICTS
Residential, Acreage
(R-ACG)
To provide for low-density development on an acreage lot.
Residential, Low -
Density
(R-LOW)
To provide for low-density residential development and allow for
variation in housing types while still preserving the overall low-
density feel of the area.
Residential,
Manufactured Home
(R-MAN)
To allow and regulate Manufactured Homes and Home Parks.
Residential, Medium-
Density
(R-MED)
To provide for medium-density residential development with a
moderate footprint and height by allowing a mix of housing types
such as rowhouses/townhouses, duplexes, triplexes, and fourplexes.
Residential, High-
Density
(R-HID)
To provide for high-density residential development by allowing
high-rise apartment buildings, or mixed-use developments with taller
structures and greater housing density per hectare, generally in a
rental or condominiums form of ownership.
17
LAND USE
DISTRICT
DISTRICT PURPOSE AND INTENT
COMMERCIAL DISTRICTS
Commercial,
Downtown
(C-DWT)
To provide for commercial uses offering a wide variety of goods and
services mixed with institutional and higher density residential uses to
encourage redevelopment of the downtown core as a central focal
point in the community.
Commercial,
Business
(C-BUS)
To provide for a mix of commercial and light industrial uses, offering a
wide variety of goods and services with very limited offsite nuisance
effects, such as noise, dust, and odour.
Commercial,
Neighbourhood
(C-NHD)
To provide for local commercial uses and services that cater to and
align with surrounding residential areas.
INDUSTRIAL DISTRICTS
Industrial, Medium
(I-MED)
To provide for medium industrial uses, support services and inside/or
outdoor storage. Potential nuisance effects, such as noise, dust or
odours, are confined within the lot boundaries. This could include
activities like manufacturing, warehousing, distribution, and some
types of processing that may generate site-specific and moderate
noise, dust or odours.
Industrial, Heavy
(I-HVY)
To provide for heavy industrial developments, including support
services and inside/or outdoor storage, that may generate noise, dust,
and odour nuisance impacts beyond the site. Heavy industrial
activities typically involve large-scale manufacturing, processing, or
assembly that may substantially impact the surrounding area, and
managing potential nuisances within regulatory limits.
PUBLIC DISTRICTS
Public, Service
(P-S)
To provide for a wide range of public and private institutional,
governmental, and community uses and facilities.
Public, Recreation
(P-R)
To provide for a wide range of parks and public and private recreation
activities for passive and active outdoor recreational pursuits,
including buildings for community recreation.
Public, Recreation
Major
(P-RM)
To provide for a wide range of recreational uses on public property
supporting large-scale multi-use community facilities that serve the
municipality and region.
Public, Utilities
(P-U)
To provide for public and private utilities that are on a large scale or
may impact lands beyond the lot boundaries and are significantly
important to serve the needs of Drayton Valley and the surrounding
area.
18
LAND USE
DISTRICT
DISTRICT PURPOSE AND INTENT
Public, Conservation
and Natural Open
Space
(P-C)
To preserve environmentally significant lands and lands dedicated as
Environmental Reserve under the MGA which have significant natural
capability for conservation, passive recreation and environmental
awareness and education.
OTHER DISTRICTS
Urban Reserve
(UR)
To protect lands for future orderly and economically viable
development, provide for a limited range of temporary uses, and allow
existing agricultural operations to continue on lands annexed to the
Town until urban development occurs.
Direct Control
(DC)
To enable Council to exercise particular control over the use and
development of land and buildings in any such manner as Council may
consider necessary, in an area designated as a Direct Control District
on the Land Use District Maps forming part of this Bylaw.
4.2
Summary Table
4.2.1.
The land use summary table provides an overview of the Permitted and Discretionary
Uses in each District. If there are discrepancies between this table and those uses
outlined in the Districts, the uses outlined in the Districts shall prevail.
P = P ER M I TT ED U S E
D = DIS C R ET IO N A RY U S E
LAND USE DISTRICTS (NOTE: District acronyms are identified in subsection 4.1.4)
R-ACG
R- LOW
R-M A N
R-M E D
R-H I D
C- DW T
C- BU S
C-N H D
I-M E D
I-H VY
P-S
P-R
P-R M
P-U
P-C
U R
RESIDENTIAL USE CLASS
Day Home
P
P
D
D
D
Dwelling, Accessory
P
P
P
P
P
P
Dwelling, Duplex/Semi-
Detached
P
P
P
P
Dwelling, Live-Work
Unit
P
P
P
Dwelling, Manufactured
Home, Double-Wide
D
P
P
P
Dwelling, Manufactured
Home, Single-Wide
D
P
P
P
Dwelling, Modular Home
P
P
P
D
P
Dwelling, Multiple Unit
P
P
P
Dwelling,
Rowhouse/Townhouse
P
P
P
Dwelling, Single
Detached
P
P
P
P
D
D
D
P
19
P = P ER M I TT ED U S E
D = DIS C R ET IO N A RY U S E
LAND USE DISTRICTS (NOTE: District acronyms are identified in subsection 4.1.4)
R-ACG
R- LOW
R-M A N
R-M E D
R-H I D
C- DW T
C- BU S
C-N H D
I-M E D
I-H VY
P-S
P-R
P-R M
P-U
P-C
U R
Dwelling, Stacked
Townhouse
P
P
P
Dwelling, Triplex
P
P
P
P
Home Park
P
Residential Care Facility
P
P
P
P
P
D
Show Home
P
P
P
P
P
P
Surveillance Suite
P
P
P
P
D
D
COMMERCIAL USE CLASS
Animal Services, Major
D
P
Animal Services, Minor
P
P
P
P
Artisan Shop
D
P
P
P
P
P
D
P
Automotive, Equipment
and Vehicle Sales
D
P
P
Automotive, Equipment
and Vehicle Service,
Major
D
P
P
Automotive, Equipment
and Vehicle Service,
Minor
P
P
P
Breweries, Wineries and
Distilleries
P
P
D
P
Business and
Professional Office
D
P
P
P
P
P
Business Support
Services
P
P
P
Car Wash
D
P
D
P
Convention Services
P
P
P
P
Crematorium
D
D
P
Daycare Services
P
P
P
P
P
P
Drive-Through
P
P
P
P
Establishment, Adult
D
D
Establishment, Eating &
Drinking
P
P
P
P
P
D
P
Establishment,
Entertainment
P
P
P
P
Farmers Market
P
P
P
P
P
Financial Institution
P
P
P
P
Funeral Services
D
P
P
P
Garden Centre
P
P
20
P = P ER M I TT ED U S E
D = DIS C R ET IO N A RY U S E
LAND USE DISTRICTS (NOTE: District acronyms are identified in subsection 4.1.4)
R-ACG
R- LOW
R-M A N
R-M E D
R-H I D
C- DW T
C- BU S
C-N H D
I-M E D
I-H VY
P-S
P-R
P-R M
P-U
P-C
U R
Gas Station
P
P
D
P
General Contracting
D
P
P
Hotel/Motel
P
P
Parking Facility
P
P
P
P
P
Personal Services
D
P
P
P
P
Retail, Cannabis
P
P
P
P
Retail, Convenience
Store
D
D
P
P
P
P
Retail, Horticulture/
Greenhouse
P
P
Retail, Liquor
P
P
P
P
Retail, Shopping Centre
P
P
Retail, Store
P
P
P
P
P
P
Solar Energy,
Commercial
D
D
D
D
INDUSTRIAL USE CLASS
Auction Market
D
P
P
Bulk Fuel Station
P
P
P
Cannabis Production
and Distribution Facility,
Major
D
P
Cannabis Production
and Distribution Facility,
Minor
D
P
Concrete/Asphalt Plant
P
D
General Industrial
Manufacturing/
Processing
D
P
P
Industrial, Heavy
P
Industrial, Light
P
P
Industrial, Medium
P
P
Industrial Storage and
Warehousing
D
P
P
Industrial Support
Services
P
P
P
Recreation Equipment
Storage
P
P
Salvage And Demolition
Facility
P
Sea-Can Container
D
P
P
P
P
D
Self Storage
P
P
21
P = P ER M I TT ED U S E
D = DIS C R ET IO N A RY U S E
LAND USE DISTRICTS (NOTE: District acronyms are identified in subsection 4.1.4)
R-ACG
R- LOW
R-M A N
R-M E D
R-H I D
C- DW T
C- BU S
C-N H D
I-M E D
I-H VY
P-S
P-R
P-R M
P-U
P-C
U R
Waste Management
Facility
P
Work Camp
D
ACCESSORY USE CLASS
Accessory Building/
Structure and Use
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Bed and Breakfast
D
D
D
Boarding or Lodging
Home
D
Home-Based Business,
Level 1
P
P
P
P
P
P
Home-Based Business,
Level 2
D
D
D
D
D
D
Home-Based Business,
Level 3
D
D
INSTITUTIONAL USE CLASS
Campground
P
P
Campsite
P
P
Care Facility, Major
D
D
D
D
P
Care Facility, Minor
P
P
P
D
P
P
Cemetery
P
D
D
Communal Facilities
P
D
P
Community Garden
P
P
P
P
P
P
D
P
P
P
P
Cultural Facilities
P
P
P
P
D
D
Detention And
Correction Services
D
Government Services
P
P
P
P
P
P
P
P
Group Care Facility
D
D
D
D
P
Health and Medical
Services
P
P
P
P
P
P
Hospital and Treatment
Services
P
Recreation, Indoor
Facility
P
P
P
P
P
P
P
P
P
P
D
Recreation, Outdoor
P
P
P
P
P
P
P
P
P
D
Recreation, Outdoor
Facility
P
P
P
P
P
p
P
P
P
P
P
D
Recreation, Park
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Recycling Depot, Major
D
Recycling Depot, Minor
P
P
P
P
P
22
P = P ER M I TT ED U S E
D = DIS C R ET IO N A RY U S E
LAND USE DISTRICTS (NOTE: District acronyms are identified in subsection 4.1.4)
R-ACG
R- LOW
R-M A N
R-M E D
R-H I D
C- DW T
C- BU S
C-N H D
I-M E D
I-H VY
P-S
P-R
P-R M
P-U
P-C
U R
Religious Assembly
P
P
D
P
School, Commercial
P
P
P
P
P
School, Post-Secondary
D
P
P
P
School, Primary and
Secondary
P
P
P
Utilities, Major
D
D
P
Utilities, Minor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
AGRICULTURAL USE CLASS
Agriculture
D
P
Agricultural Support
Services
P
P
Cottage Industry
D
Farm Vacation Home
D
Horticultural Use
P
Kennel
D
D
Natural Resource
Extraction/ Processing,
General
D
Natural Resource
Extraction/ Processing,
Minor
D
Outdoor Shooting
Range
D
Riding Arena
D
23
5. Land Use Districts
5.1
Residential, Acreage (R-ACG)
5.1.1.
The purpose of the Residential, Acreage District is "to provide for low-density
development on an acreage lot."
5.1.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Agriculture
Care Facility, Minor
Artisan Shop
Community Garden
Bed and Breakfast
Day Home
Care Facility, Major
Dwelling, Accessory
Dwelling, Manufactured Home
(Double-Wide)
Dwelling, Modular Home
Dwelling, Manufactured Home (Single-
Wide)
Dwelling, Single Detached
Group Care Facility
Home-Based Business, Level 1
Home-Based Business, Level 2
Residential Care Facility
Home-Based Business, Level 3
Show Home
Kennel
Recreation, Park
Utilities, Minor
5.1.3.
Development in the Residential, Acreage District (R-ACG) District must comply with
the following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Minimum Density
One (1) dwelling unit per lot
Maximum Density
One (1) principal dwelling unit and two (2)
Dwelling, Accessory units per lot
24
REGULATION
PROVISION
Maximum Lot Size
16,000.0 m2 (1.6 ha)
Minimum Lot Size
1,800.0 m2 serviced with municipal piped
water system and wastewater collection
system
8,094.0 m2 serviced with onsite water and
onsite wastewater
Minimum Lot Width
30.0 m
15.0 m public right-of-way frontage for
irregular lot
Minimum Lot Depth
50.0 m
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
12.0 m
Minimum Front Yard Setback
8.0 m
Minimum Side Yard Setback
6.0 m
Minimum Rear Yard Setback
10.0 m
5.1.4.
All new lots in the Residential, Acreage District shall be connected to the municipal
piped water system and wastewater collection systems.
5.1.5.
Despite subsection 5.1.4, where there is no municipal pipe water and/or wastewater
collection systems in the adjacent public right-of-way or plans for connection are not
imminent or part of an agreement to provide the services, the Town may, at its
discretion, consider allowing for onsite water and wastewater servicing and register
an agreement on the title to the land, requiring the onsite systems be connected to
the municipal piped water and wastewater systems when available in the adjacent
public right-of-way.
5.1.6.
In addition to the regulations listed in the Residential, Acreage District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
25
5.2
Residential, Low-Density (R-LOW)
5.2.1.
The purpose of the Residential, Low-Density District is "to provide for low-density
residential development and allow for variation in housing types while still preserving
the overall low-density feel of the area."
5.2.2.
The Fundamental Use Criteria for allowing Dwelling, Manufactured Homes, Single-
Wide and Dwelling, Manufactured Homes, Double-Wide in the Residential, Low-
Density District is that new Development Permit applications for Manufactured
Homes, whether Single-Wide or Double-Wide, shall only be approved if they replace
an existing Manufactured Home, Single-Wide or Double-Wide on that same lot.
5.2.3.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Bed and Breakfast
Care Facility, Minor
Group Care Facility
Community Garden
Home-Based Business, Level 2
Day Home
Dwelling, Accessory
Dwelling, Duplex/Semi-Detached
Dwelling, Manufactured Home, Double-
Wide
Dwelling, Manufactured Home, Single-
Wide
Dwelling, Modular Home
Dwelling, Single Detached
Dwelling, Triplex
Home-Based Business, Level 1
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Residential Care Facility
Show Home
Utilities, Minor
26
5.2.4.
Development in the Residential, Low-Density District (R-LOW) District must comply
with the following regulations:
REGULATION
PROVISION
SITE
DEVELOPMENT
Dwelling,
Single
Detached,
Modular,
Manufactured
Home
Dwelling,
Duplex/
Semi
(Attached
principal
dwellings)
Narrow
lot, zero
lot line
Bareland
Condominium,
Planned Unit
Development
under a single
title
All other
uses
Maximum
Density
Two (2)
dwelling units
per lot
Four (4)
dwelling
units per
lot
Two (2)
dwelling
units per
lot
Twenty-five
(25) dwelling
units per
hectare
At the
discretion of
the
Development
Authority
Minimum Lot
Width
10.0 m (with
front attached
garage,
serviced by a
roadway)
16.0 m
(with
front
attached
garage,
serviced
by a
roadway)
10.0 m
(with
front
attached
garage,
serviced
by a
roadway)
10.0 m
9.0 m
9.0 m
(primarily
serviced by a
lane)
15.0 m
(primarily
serviced
by a lane)
9.0 m
(primarily
serviced
by a lane)
11.0 m for
corner lots
16.7 m for
corner
lots
11.0 m for
corner
lots
16.7 m for
corner lots
11.0 m
On irregularly shaped lots the minimum lot width is measured 3.0 m back
from the front lot line.
Minimum Lot
Depth
35.0 m for lots serviced by a roadway
Minimum Lot
Area
300.0 m2 with
a lane
480.0 m2
with a
lane
300.0 m2
with a
lane
325.0 m2
300.0 m2
(internal lot)
350.0 m2
without a lane
550.0 m2
without a
lane
350.0 m2
without a
lane
570.0 m2 for
corner lots
570.0 m2
for corner
lots
570.0 m2
for corner
lots
360.0 m2
(corner lot)
27
REGULATION
PROVISION
Maximum Lot
Coverage
60%
65%
65%
65%
60%
PRINCIPAL BUILDING
Maximum
Building Height
12.0 m
Minimum Front
Yard Setback
5.5 m for lots serviced by a public roadway or internal roadway
Minimum Side
Yard Setback
1.5 m
3.0 m flanking side yard abutting a public or internal roadway
3.0 m on one side if there is no rear access and no front garage
3.0 m for one side of a zero-lot line
Minimum Rear
Yard Setback
5.5 m with lane
7.5 m without lane
ACCESSORY BUILDING
Minimum Front
Yard Setback
No Accessory Buildings are allowed to be placed in the principal building
front yard
Minimum Side
Yard Setback
1.0 m
Minimum Rear
Yard Setback
1.0 m
5.2.5.
Where oversized lots are being re-subdivided, the required widths may be relaxed to
accommodate existing buildings in the Residential, Low-Density District.
5.2.6.
In addition to the regulations listed in the Residential, Low-Density District, Permitted
and Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
28
5.3
Residential, Manufactured Home (R-MAN)
5.3.1.
The purpose of the Residential, Manufactured Home (R-MAN) District is "to allow and
regulate Manufactured Homes and Home Parks."
5.3.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Day Home
Communal Facilities
Home-Based Business, Level 2
Community Garden
Retail, Convenience Store
Cultural Facilities
Dwelling, Accessory
Dwelling, Manufactured Home, Double-
wide
Dwelling, Manufactured Home, Single -
wide
Dwelling, Modular Home
Dwelling, Single Detached
Home Park
Home-Based Business, Level 1
Recreation, Indoor Facility
Recreation, Park
Residential Care Facility
Show Home
Surveillance Suite
Utilities, Minor
29
5.3.3.
Development in the Residential, Manufactured Home District (R-MAN) District must
comply with the following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Density
Twenty (20) dwelling units per
hectare
Minimum Lot Size
20,000.0 m2 (2.0 ha)
Minimum Area for Each Dwelling Site
375.0 m2
Minimum Lot Width
50.0 m
Minimum Lot Depth
50.0 m
Lot Coverage
60%
PRINCIPAL BUILDING
Maximum Building Height
5.0 m
Minimum Front Yard Setback
3.0 m from an internal roadway
4.5 m from a public right-of-way
Minimum Side Yard Setback
1.5 m
3.0 m flanking side yard from a public
or internal roadway
4.5 m between dwelling units
Minimum Rear Yard Setback
3.0 m
ACCESSORY BUILDING
Minimum Front and Flanking Yard Setback
Accessory Building are not allowed in
the principal building front yard
setback
Minimum Side Yard Setback
1.0 m
Minimum Rear Yard Setback
1.0 m
5.3.4.
In addition to the regulations listed in the Residential, Manufactured Home District,
Permitted and Discretionary Uses are subject to the applicable regulations, provisions,
and requirements contained within subsection 7.16 'Home Parks' and the other
sections of this Bylaw.
30
5.4
Residential, Medium-Density (R-MED)
5.4.1.
The purpose of the Residential, Medium-Density (R-MED) District is "to provide for
medium-density residential development with a moderate footprint and height by
allowing a mix of housing types such as rowhouses/townhouses, duplexes, triplexes,
and fourplexes."
5.4.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Bed and Breakfast
Care Facility, Minor
Care Facility, Major
Community Garden
Day Home
Dwelling, Accessory
Dwelling, Modular Home
Dwelling, Duplex/Semi-Detached
Group Care Facility
Dwelling, Multiple Unit
Home-Based Business, Level 2
Dwelling, Rowhouse/Townhouse
Dwelling, Single Detached
Dwelling, Stacked Townhouse
Dwelling, Triplex
Home-Based Business, Level 1
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Residential Care Facility
Show Home
Utilities, Minor
31
5.4.3.
Development in the Residential, Medium Density (R-MED) District must comply with
the following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Density
Forty-five (45) dwelling units per hectare
Minimum Lot Width
10.0 m
13.0 m corner lot
7.5 m road frontage for irregular lot
Maximum Lot Depth
33.5 m with lane
35.0 m without lane
Maximum Lot Coverage
65%
PRINCIPAL BUILDING
Maximum Building Height
14.0 m
Minimum Front and Flanking
Yard Setback
5.5 m
Minimum Side Yard Setback
1.5 m for the first storey and increasing 1.0 m for
each additional storey or partial storey, whichever
is greater, up to a maximum of 4.5 m
Minimum Rear Yard Setback
7.5 m
ACCESSORY BUILDING
Minimum Front and Flanking
Yard Setback
No Accessory Buildings are permitted in the
principal building front yard and flanking yard.
Minimum Side Yard Setback
1.0 m
Minimum Rear Yard Setback
1.0 m
5.4.4.
In addition to the regulations listed in the Residential, Medium-Density District,
Permitted and Discretionary Uses are subject to the applicable regulations, provisions,
and requirements contained within the other sections of this Bylaw.
32
5.5
Residential, High-Density (R-HID)
5.5.1.
The purpose of the Residential, High-Density (R-HID) District is "to provide for high-
density residential development by allowing high-rise apartment buildings or mixed-
use developments with taller structures and greater housing density per hectare,
generally in a rental or condominium form of ownership."
5.5.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Business and Professional Office
Community Garden
Care Facility, Major
Dwelling, Accessory
Care Facility, Minor
Dwelling, Duplex /Semi-Detached
Day Home
Dwelling, Multiple Unit
Dwelling, Single Detached
Dwelling, Rowhouse/Townhouse
Home-Based Business, Level 2
Dwelling, Stacked Townhouse
Personal Services
Dwelling, Triplex
Retail, Convenience Store
Home-Based Business, Level 1
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Residential Care Facility
Show Home
Utilities, Minor
33
5.5.3.
Development in the Residential, High-Density (R-HID) District must comply with the
following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Density
100 dwelling units per hectare
Maximum Lot Size
1,000.0 m2
Maximum Lot Coverage
65%
PRINCIPAL BUILDING
Maximum Building Height
32.0 m
Minimum Front and Flanking Yard
Setback
6.0 m from the front lot line
Minimum Side Yard Setback
1.5 m for the first storey and increasing
1.0 m for each additional storey or partial
storey, whichever is greater, up to a
maximum of 4.5 m
Minimum Rear Yard Setback
9.0 m
ACCESSORY BUILDING
Minimum Front and Flanking Yard
Setback
No Accessory Buildings are permitted in
the principal building front or flanking
yards
Minimum Side Yard Setback
1.0 m
Minimum Rear Yard Setback
1.0 m
5.5.4.
In addition to the regulations listed in the Residential, High-Density District, Permitted
and Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
34
5.6
Commercial, Downtown (C-DWT)
5.6.1.
The purpose of the Commercial, Downtown (C-DWT) District is "to provide for
commercial uses offering a wide variety of goods and services mixed with
institutional and higher density residential uses to encourage redevelopment of the
downtown core as a central focal point in the community."
5.6.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Automotive, Equipment and Vehicle
Sales
Animal Services, Minor
Car Wash
Artisan Shop
Care Facility, Major
Breweries, Wineries and Distilleries
Dwelling, Single Detached
Business and Professional Office
Funeral Services
Business Support Services
General Contracting
Care Facility, Minor
Group Care Facility
Community Garden
Residential Care Facility
Convention Services
School, Post-Secondary
Daycare Services
Drive-Through
Dwelling, Live-Work Unit
Dwelling, Multiple Unit
Dwelling, Rowhouse/Townhouse
Dwelling, Stacked Townhouse
Dwelling, Triplex
Establishment, Eating & Drinking
Establishment, Entertainment
Farmers Market
Financial Institution
Gas Station
Government Services
35
PERMITTED USES:
DISCRETIONARY USES:
Health and Medical Services
Hotel/Motel
Parking Facility
Personal Services
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Recycling Depot, Minor
Religious Assembly
Retail, Cannabis
Retail, Convenience Store
Retail, Liquor
Retail, Shopping Centre
Retail, Store
School, Commercial
School, Primary and Secondary
Utilities, Minor
5.6.3.
Development in the Commercial, Downtown (C-DWT) District must comply with the
following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Minimum Lot Width
6.0 m
Minimum Lot Depth
30.0 m
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
30.0 m
Minimum Front and Flanking Setback
0.0 m
Minimum Side Setback
0.0 m
Minimum Rear Setback
3.0 m
36
5.6.4.
Outdoor storage shall not be allowed except for sidewalk sales associated with an
approved Development Permit for a Commercial or Light Industrial Use in the
Commercial, Downtown District.
5.6.5.
Garbage storage shall be confined to a designated area and shall not have an adverse
effect on the use or circulation on the lot or adjacent lands in the Commercial,
Downtown District.
5.6.6.
No Sea-Can Containers are allowed in the Commercial, Downtown District.
5.6.7.
Notwithstanding the parking requirements set out in Section 10 'Parking and Loading
Regulations', off-street parking is required for commercial development on lots
greater than 600.0 m2.
5.6.8.
Dwelling units that are contained in the same building as a commercial use shall have
separate direct ground level access to the dwelling units and shall have separate
designated off-street parking in the Commercial, Downtown District.
5.6.9.
For standalone Dwelling, Rowhouse/Townhouse, Dwelling, Stacked Townhouse, and
Dwelling, Triplex developments the regulation and provisions in subsection 5.4
'Residential, Medium-Density' shall apply.
5.6.10.
For standalone Dwelling, Multiple Unit developments, the regulations and provisions
in subsection 5.5 'Residential, High-Density' shall apply.
5.6.11.
For multiple unit developments exceeding twenty (20) dwelling units, the
development shall provide amenity space pursuant to subsection 6.3 'Amenity Space'
in this Bylaw.
5.6.12.
In addition to the regulations listed in the Commercial, Downtown District, Permitted
and Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
37
5.7
Commercial, Business (C-BUS)
5.7.1.
The purpose of the Commercial, Business District (C-BUS) District is "to provide for a
mix of commercial and light industrial uses, offering a wide variety of goods and
services with very limited offsite nuisance effects, such as noise, dust, and odour."
5.7.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Animal Services, Major
Agricultural Support Services
Auction Market
Animal Services, Minor
Automotive, Equipment and Vehicle
Service, Major
Artisan Shop
Cannabis Production and Distribution
Facility, Minor
Automotive, Equipment and Vehicle
Sales
Crematorium
Automotive, Equipment and Vehicle
Service, Minor
Establishment, Adult
Breweries, Wineries and Distilleries
General Industrial Manufacturing /
Processing
Bulk Fuel Station
Industrial Storage and Warehousing
Business and Professional Office
Sea-Can Container
Business Support Services
Car Wash
Convention Services
Daycare Services
Drive-Through
Dwelling, Live-Work Unit
Establishment, Eating & Drinking
Establishment, Entertainment
Farmers Market
Financial Institution
Funeral Services
38
PERMITTED USES:
DISCRETIONARY USES:
Garden Centre
Gas Station
General Contracting
Government Services
Health and Medical Services
Hotel/Motel
Industrial, Light
Industrial Support Services
Parking Facility
Personal Services
Recreation Equipment Storage
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Recycling Depot, Minor
Religious Assembly
Retail, Cannabis
Retail, Convenience Store
Retail, Horticulture/Greenhouse
Retail, Liquor
Retail, Shopping Centre
Retail, Store
School, Commercial
School, Post-Secondary
Self Storage
Surveillance Suite
Utilities, Minor
39
5.7.3.
As a Fundamental Use Criteria, Auction Markets in the Commercial, Business District
shall not include livestock sales.
5.7.4.
Development in the Commercial, Business (C-BUS) District must comply with the
following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Minimum Lot Width
6.0 m
Minimum Lot Depth
30.0 m
Minimum Lot Coverage
60%
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
20.0 m
Minimum Front Yard Setback
8.0 m
Minimum Flanking Yard Setback
6.0 m
Minimum Side Yard Setback
3.0 m
Minimum Rear Yard Setback
5.0 m
5.7.5.
Outdoor storage in the Commercial, Business District shall be screened from public
rights-of-way except where it is displayed for sale to the public or for sidewalk sales
associated with an approved Development Permit for a Commercial or Light
Industrial Use.
5.7.6.
Garbage storage shall be confined to a designated area and shall not have an adverse
effect on the use or circulation on the lot or adjacent lands in the Commercial,
Business District.
5.7.7.
Where chemical or petroleum tanks are proposed to be stored on-site in the
Commercial, Business District, the operator, prior to commencing operation, must
obtain approval from both the Drayton Valley-Brazeau County Fire Department and
provincial authorities, and provide it to the Development Authority as a condition of
the Development Permit.
5.7.8.
In addition to the regulations listed in the Commercial, Business District, Permitted
and Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
40
5.8
Commercial, Neighbourhood (C-NHD)
5.8.1.
The purpose of the Commercial, Neighbourhood (C-NHD) District is "to provide for
local commercial uses and services that cater to and align with surrounding
residential areas."
5.8.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Breweries, Wineries and Distilleries
Animal Services, Minor
Car Wash
Artisan Shop
Community Garden
Business and Professional Office
Gas Station
Daycare Services
Drive-Through
Dwelling, Live-Work Unit
Establishment, Eating & Drinking
Financial Institution
Government Services
Health and Medical Services
Personal Services
Recreation, Park
Retail, Cannabis
Retail, Convenience Store
Retail, Liquor
Retail, Store
Utilities, Minor
5.8.3.
As a Fundamental Use Criteria, Gas Stations, Car Washes and the Drive-Through
portion of businesses in the Commercial, Neighbourhood District are to be located on
sites adjacent to major public roadways.
41
5.8.4.
Development in the Commercial, Neighbourhood (C-NHD) District must comply with
the following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Size
5,000.0 m2
Minimum Lot Width
40.0 m
Minimum Lot Depth
30.0 m
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
10.5 m
Minimum Front and Flanking Yard
Setback
5.5 m
Minimum Side Yard Setback
3.0 m
Minimum Rear Yard Setback
5.5 m
5.8.5.
Outdoor storage shall not be permitted except for sidewalk sales associated with an
approved Development Permit for a Commercial Use in the Commercial,
Neighbourhood District.
5.8.6.
In addition to the regulations listed in the Commercial, Neighbourhood District,
Permitted and Discretionary Uses are subject to the applicable regulations, provisions,
and requirements contained within the other sections of this Bylaw.
42
5.9
Industrial, Medium (I-MED)
5.9.1.
The purpose of the Industrial, Medium (I-MED) District is "to provide for medium
industrial uses, support services, and inside or outdoor storage. Potential nuisance
effects, such as noise, dust, or odours, are confined within the boundaries of the lot.
This could include activities like manufacturing, warehousing, distribution, and some
types of processing that may generate site-specific and moderate noise, dust, or
odours."
5.9.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Cannabis Production and Distribution
Facility, Major
Agricultural Support Services
Crematorium
Animal Services, Major
Establishment, Adult
Animal Services, Minor
Religious Assembly
Artisan Shop
Solar Energy, Commercial
Auction Market
Automotive, Equipment and Vehicle
Sales
Automotive, Equipment and Vehicle
Service, Major
Automotive, Equipment and Vehicle
Service, Minor
Breweries, Wineries and Distilleries
Bulk Fuel Station
Business and Professional Office
Business Support Services
Cannabis Production and Distribution
Facility, Minor
Car Wash
Drive-Through
Establishment, Eating & Drinking
Financial Institution
Funeral Services
Garden Centre
43
PERMITTED USES:
DISCRETIONARY USES:
Gas Station
General Contracting
General Industrial
Manufacturing/Processing
Government Services
Health and Medical Services
Industrial, Light
Industrial, Medium
Industrial Support Services
Industrial Storage and Warehousing
Parking Facility
Personal Services
Recreation Equipment Storage
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Recycling Depot, Minor
Retail, Cannabis
Retail, Convenience Store
Retail, Horticulture/Greenhouse
Retail, Liquor
Retail, Store
School, Commercial
School, Post-Secondary (associated
with industrial operations and activities)
Sea-Can Container
Self Storage
Surveillance Suite
Utilities, Minor
44
5.9.3.
As a Fundamental Use Criteria, Auction Markets in the Industrial, Light District shall
not include livestock sales.
5.9.4.
Development in the Industrial, Medium (I-MED) District must comply with the
following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
60%
Minimum Lot Size
930.0 m2
Minimum Lot Width
15.0 m
Minimum Lot Depth
30.0 m
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
20.0 m
Minimum Front and Flanking Yard
Setback
6.0 m
Minimum Side Yard Setback
3.0 m
Minimum Rear Yard Setback
6.0 m
5.9.5.
Safety, risk, and environmental assessment are integral components of the industrial
development review process. Where there are potential effects or risks associated
with a proposed development, or the storage of materials on-site that pose a risk
associated with fire, explosion, or toxic release, the Development Authority shall
require an applicant to retain a qualified professional to provide an environmental
impact assessment or a quantitative risk assessment report or both for the proposed
development.
5.9.6.
Where chemical or petroleum tanks are proposed to be stored on-site in the
Industrial, Medium District, the operator, prior to commencing operation, must obtain
approval from both the Drayton Valley-Brazeau County Fire Department and
provincial authorities, and provide it to the Development Authority as a condition of
the Development Permit.
5.9.7.
Outdoor storage in the Industrial, Medium District shall be screened from public
rights-of-way except where it is displayed for sale to the public.
5.9.8.
In addition to the regulations listed in the Industrial, Medium District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
45
5.10 Industrial, Heavy (I-HVY)
5.10.1.
The purpose of the Industrial, Heavy (I-HVY) District is "to provide for heavy industrial
developments, including support services and inside or outdoor storage, that may
generate noise, dust, and odour nuisance impacts beyond the site. Heavy industrial
activities typically involve large-scale manufacturing, processing, or assembly that
may have a more substantial impact on the surrounding area, and managing potential
nuisances within regulatory limits."
5.10.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Solar Energy, Commercial
Auction Market
Automotive, Equipment and Vehicle
Service, Major
Automotive, Equipment and Vehicle
Service, Minor
Bulk Fuel Station
Cannabis Production and Distribution
Facility, Major
Concrete/Asphalt Plant
Crematorium
General Industrial
Manufacturing/Processing
Government Services
Industrial, Heavy
Industrial, Medium
Industrial Storage and Warehousing
Industrial Support Services
Salvage and Demolition Facility
Sea-Can Container
Surveillance Suite
Utilities, Minor
5.10.3.
As a Fundamental Use Criteria, Auction Markets in the Industrial, Heavy District shall
not include livestock sales.
46
5.10.4.
Development in the Industrial, Heavy (I-HVY) District must comply with the following
regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
60%
Minimum Lot Size
10,000.0 m2 (1.0 ha)
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Depth
At the discretion of the Development
Authority
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
30.0 m
Minimum Front and Flanking Yard
Setback
8.0 m
Minimum Side Yard Setback
8.0 m
Minimum Rear Yard Setback
9.0 m
5.10.5.
Safety, risk, and environmental assessment are integral components of the industrial
development review process. Where there are potential effects or risks associated
with a proposed development, or the storage of materials on-site that pose a risk
associated with fire, explosion, or toxic release, the Development Authority shall
require an applicant to retain a qualified professional to provide an environmental
impact assessment or a quantitative risk assessment report or both for the proposed
development.
5.10.6.
Where chemical or petroleum tanks are proposed to be stored on-site in the
Industrial, Heavy District, the operator, prior to commencing operation, must obtain
approval from both the Drayton Valley-Brazeau County Fire Department and
provincial authorities, and provide it to the Development Authority as a condition of
the Development Permit.
5.10.7.
In addition to the regulations listed in the Industrial, Heavy District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
47
5.11 Public, Service (P-S)
5.11.1.
The purpose of the Public, Service (P-S) District is "provide for a wide range of public
and private institutional, governmental, and community uses and facilities."
5.11.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Detention and Correction Services
Artisan Shop
Utility, Major
Business and Professional Office
Campground
Campsite
Care Facility, Major
Care Facility, Minor
Cemetery
Community Garden
Convention Services
Cultural Facilities
Daycare Services
Establishment, Eating & Drinking
Establishment, Entertainment
Farmers Market
Funeral Services
Government Services
Group Care Facility
Health and Medical Services
Hospital and Treatment Services
Parking Facility
Recreation, Indoor Facility
Recreation, Outdoor
48
PERMITTED USES:
DISCRETIONARY USES:
Recreation, Outdoor Facility
Recreation, Park
Recycling Depot, Minor
Religious Assembly
Retail, Store
School, Commercial
School, Post-Secondary
School, Primary and Secondary
Sea-Can Container
Utilities, Minor
5.11.3.
Development in the Public, Service (P-S) District must comply with the following
regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
60%
Minimum Lot Size
9,300.0 m2
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Depth
At the discretion of the Development
Authority
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
20.0 m
Minimum Front and Flanking Yard
Setback
6.0 m
Minimum Side Yard Setback
At the discretion of the Development
Authority
Minimum Rear Yard Setback
At the discretion of the Development
Authority
5.11.4.
In addition to the regulations listed in the Public, Service District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
49
5.12 Public, Recreation (P-R)
5.12.1.
The purpose of the Public, Recreation (P-R) District is "to provide for a wide range of
parks and public and private recreation activities for passive and active outdoor
recreational pursuits, including buildings for community recreation purposes."
5.12.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
5.12.3.
Development in the Public, Recreation (P-R) District must comply with the following
regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
20%
Minimum Lot Size
930.0 m2
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Depth
At the discretion of the Development
Authority
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Artisan Shop
Community Garden
Cemetery
Cultural Facilities
Communal Facilities
Daycare Services
Dwelling, Single Detached
Farmers Market
Establishment, Eating & Drinking
Government Services
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Utilities, Minor
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REGULATION
PROVISION
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
At the discretion of the Development
Authority
Minimum Front and Flanking Yard
Setback
6.0 m
Minimum Side Yard Setback
At the discretion of the Development
Authority
Minimum Rear Yard Setback
At the discretion of the Development
Authority
5.12.4.
In addition to the regulations listed in the Public, Recreation District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
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5.13 Public, Recreation Major (P-RM)
5.13.1.
The purpose of the Public, Recreation Major (P-RM) District is "to provide for a wide
range of recreational uses on public property which support large-scale multi-use
community facilities that serve the municipality and region."
5.13.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Surveillance Suite
Artisan Shop
Utilities, Major
Campground
Campsite
Communal Facilities
Community Garden
Convention Services
Cultural Facilities
Daycare Services
Establishment, Eating & Drinking
Establishment, Entertainment
Farmers Market
Government Services
Heath and Medical Services
Parking Facility
Recreation, Indoor Facility
Recreation, Outdoor
Recreation, Outdoor Facility
Recreation, Park
Recycling Depot, Minor
Retail, Store
Sea-Can Container
School, Commercial
School, Primary and Secondary
Utilities, Minor
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5.13.3.
Development in the Public, Recreation Major (P-RM) District must comply with the
following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
At the discretion of the Development
Authority
Minimum Lot Size
At the discretion of the Development
Authority
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Depth
At the discretion of the Development
Authority
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
At the discretion of the Development
Authority
Minimum Front and Flanking Yard
Setback
At the discretion of the Development
Authority
Minimum Side Yard Setback
At the discretion of the Development
Authority
Minimum Rear Yard Setback
At the discretion of the Development
Authority
5.13.4.
In addition to the regulations listed in the Public, Recreation Major District, Permitted
and Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
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5.14 Public, Utilities (P-U)
5.14.1.
The purpose of the Public, Utilities (P-U) District is "to provide for public and private
utilities that are on a large scale or may impact lands beyond the lot boundaries and
are significantly important to serve the needs of Drayton Valley and the surrounding
area."
5.14.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Cultural Facilities
Recreation, Outdoor Facility
Solar Energy, Commercial
Recreation, Park
Surveillance Suite
Utilities, Minor
Utilities, Major
Waste Management Facility
5.14.3.
Development in the Public, Utilities (P-U) District must comply with the following
regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
At the discretion of the Development
Authority
Minimum Lot Size
At the discretion of the Development
Authority
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Depth
At the discretion of the Development
Authority
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
At the discretion of the Development
Authority
Minimum Front and Flanking Yard
Setback
At the discretion of the Development
Authority
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REGULATION
PROVISION
Minimum Side Yard Setback
At the discretion of the Development
Authority
Minimum Rear Yard Setback
At the discretion of the Development
Authority
5.14.4.
In addition to the regulations listed in the Public, Utilities District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
5.14.5.
When the Development Authority is making decisions on the development
regulations, they shall consider and, when required, implement provincial and federal
regulations.
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5.15 Public, Conservation and Natural Open Space (P-C)
5.15.1.
The purpose of the Public, Conservation and Natural Open Space (P-C) District is "to
provide for the preservation of environmentally significant lands and lands dedicated
as Environmental Reserve under the MGA which have significant natural capability for
conservation, passive recreation, and environmental awareness and education."
5.15.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Cultural Facilities
Recreation, Outdoor Facility
Recreation, Park
Utilities, Minor
5.15.3.
All Development Permits within the Public, Conservation and Natural Open Spaces
(P-C) District shall be required to demonstrate, to the satisfaction of the
Development Authority, that the proposed development is minimizing its impacts on
the natural environment.
5.15.4.
Development in the Public, Conservation and Natural Open Space (P-C) District must
comply with the following regulations:
REGULATION
PROVISION
SITE DEVELOPMENT
Maximum Lot Coverage
At the discretion of the Development
Authority
Minimum Lot Size
At the discretion of the Development
Authority
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Depth
At the discretion of the Development
Authority
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
At the discretion of the Development
Authority
Minimum Front and Flanking Yard
Setback
At the discretion of the Development
Authority
Minimum Side Yard Setback
At the discretion of the Development
Authority
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REGULATION
PROVISION
Minimum Rear Yard Setback
At the discretion of the Development
Authority
5.15.5.
In addition to the regulations listed in the Public, Conservation and Natural Open
Space District, Permitted and Discretionary Uses are subject to the applicable
regulations, provisions, and requirements contained within the other sections of this
Bylaw.
5.15.6.
When the Development Authority is making decisions on the development
regulations, they shall consider and, when required, implement provincial and federal
regulations.
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5.16 Urban Reserve (UR)
5.16.1.
The purpose of the Urban Reserve (UR) District is "to protect lands for future orderly
and economically viable development, provide for a limited range of temporary uses,
and allow existing agricultural operations to continue on lots annexed to the Town
until urban development occurs."
5.16.2.
The following uses shall be Permitted or Discretionary, issued with or without
conditions, provided the application complies with the regulations in this District and
this Bylaw:
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Boarding and Lodging Home
Agriculture
Cemetery
Community Garden
Concrete/Asphalt Plant
Dwelling, Accessory
Cottage Industry
Dwelling, Duplex/Semi-Detached
Farm Vacation Home
Dwelling, Manufactured Home, Double-
Wide
Home-Based Business, Level 2
Dwelling, Manufactured Home, Single-
Wide
Home-Based Business, Level 3
Dwelling, Modular Home
Kennel
Dwelling, Single Detached
Solar Energy, Commercial
Horticultural Use
Natural Resource Extraction/Processing,
General
Home-Based Business, Level 1
Natural Resource Extraction/Processing,
Minor
Recreation, Park
Outdoor Shooting Range
Show Home
Recreation, Indoor Facility
Utilities, Minor
Recreation, Outdoor
Recreation, Outdoor Facility
Riding Arena
Recycling Depot, Major
Sea-Can Container
Work Camp
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5.16.3.
The Fundamental Use Criteria for the Urban Reserve District is to prohibit residential
dwellings and associated accessory structures or buildings in the Northeast Quarter
of Section 5, Township 49, Range 7, West of the 5th Meridian, and thereby provide
greater operational and investment certainty to industry, and reduce the potential for
incompatible land uses on the said lands.
5.16.4.
All siting, lot coverage, densities, setbacks and heights of buildings shall be at the
discretion of the Development Authority.
5.16.5.
The Development Authority may specify the length of time a use is allowed with
regard to the future servicing and development of the subject land.
5.16.6.
No land shall be reclassified from Urban Reserve District into other land use districts
unless:
a. The development of the same land constitutes an orderly and economic
development, identified through the adoption of an Area Structure Plan having
regard for the provisions of schools, parks, roads, utilities and other urban uses
and services; and
b. Such development, in the opinion of the Council, shall not detract or disrupt any
other orderly and economic development already initiated in the Town.
5.16.7.
In addition to the regulations listed in the Urban Reserve District, Permitted and
Discretionary Uses are subject to the applicable regulations, provisions, and
requirements contained within the other sections of this Bylaw.
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5.17 Direct Control (DC)
5.17.1.
The purpose of this District is "to provide Council with direct control over a specific
site where unique characteristics of the proposed development or land make it
inappropriate to apply a standard District."
5.17.2.
The District shall only be applied to a site to regulate a specific development where
Council has determined a proposed development is appropriate for the site, having
regard for the goals, objectives, and policies of the Municipal Development Plan and
other applicable statutory or non-statutory plans and policies, and if:
a. The proposed development would not meet the requirements of any existing
District;
b. The proposed development requires specific/comprehensive regulations to
minimize land use conflicts with neighbouring properties;
c. The site or the proposed development has unique characteristics that require
specific development regulations; or
d. The ongoing operation of the proposed development requires specific
development regulations.
5.17.3.
The applicant shall provide a proposed Direct Control District that must contain the
following:
a. The legal description of the site to which the proposed District shall apply;
b. Uses; and
c. Site specific development regulations.
5.17.4.
The applicant shall submit a site plan that shall be appended to the Bylaw that adopts
the Direct Control District, and all development in the District shall be in accordance
with the site plan. Building elevations may also be required. The site plan is required
to illustrate:
a. The location on the site of specific uses, including any accessory uses and
activities;
b. Details or elements necessary to better achieve land use compatibility, such as
urban design and architectural treatment of structures, increased separation
spaces, landscaping, and the like; and
c. Any staging of the development.
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5.17.5.
Applicants must follow the Town of Drayton Valley Direct Control Districts Guidelines
for structure and format when drafting the Direct Control District.
5.17.6.
All applicable regulations in the Land Use Bylaw shall apply to development in the
Direct Control District unless such regulations are specifically excluded or modified in
a Direct Control District.
5.17.7.
In addition to the requirements of subsection 11.2 'Development Permit Application
Contents', the applicant shall:
a. Submit the proposed Direct Control District;
b. Submit a narrative explaining why the Direct Control District is warranted, having
regard for the criteria specified in the Town of Drayton Valley Direct Control
Districts Guidelines;
c. Contact the affected parties, being each assessed owner of land wholly or partly
located within 60.0 m of the Site of the proposed development at least twenty-
one (21) days prior to submission of a land use amendment application;
d. Outline to the affected parties, the details of the application and solicit their
comments on the application;
e. Document any opinions or concerns, expressed by the affected parties, and what
modifications were made to address their concerns; and
f. Submit the documentation as part of the land use amendment application.
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6. General Regulations
6.1
Access Requirements
6.1.1.
Access to Highway 22 shall be limited to arterial, collector, and service roads. Where
service roads are not provided, access shall be restricted to points approved by the
provincial department responsible for transportation, with approval required prior to
submission of a Development Permit application.
6.1.2.
The Development Authority shall not approve a Development Permit unless access
provisions are included with the application and clearly indicated on a site plan.
6.1.3.
All access points shall be subject to the approval of the Development Authority with
respect to location, design, and construction standards, including access for
emergency response vehicles and personnel, in alignment with Town standards.
6.1.4.
Where a lot abuts two roadways, either existing or proposed, access to the lot shall
be directed to the roadway with lesser traffic volume, unless otherwise approved by
the Development Authority.
6.1.5.
The Development Authority may impose a condition on the Development Permit
requiring the applicant to enter into an agreement with the Town to construct or pay
for the construction or upgrading of a roadway or walkway necessary to serve the
development.
6.2
Accessory Use, Buildings and Structures
6.2.1.
Any use, building or structure may be considered accessory to a listed use in the
District if it complies with the definition of accessory in this Bylaw.
6.2.2.
Specific regulations for accessory buildings, structures, and uses may be provided
within the applicable land use district. If a District does not contain specific
regulations for accessory buildings, structures, and uses, the regulations for principal
buildings shall apply.
6.2.3.
Notwithstanding subsection 6.2.1, signs shall not be approved as an accessory use.
6.2.4.
When a building or structure on a site is connected to a principal building either by a
roof, floor, or foundation exceeding 1.0 m above grade, it shall be considered part of
the principal building and not classified as an accessory building.
6.2.5.
An accessory building or structure shall not be located on an easement, utility right-
of-way, or undeveloped road allowance.
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6.2.6.
In all Districts, no accessory building shall be built on a lot before a principal building
or use is developed on the lot, except where:
a. An approved principal building or use is developed on the lot within one (1) year of
the date of issuance of the Development Permit for the accessory building;
b. The principal building exists on an adjacent lot where the landowner holds titles for
both lots. If there is a title change for either lot, the landowner of the lot with the
accessory building shall remove the accessory building or develop a principal
building on the lot within one (1) year from the date of title change of either lot.
The Development Authority may grant an extension to the Development Permit to
ensure compliance; or
c. The Development Authority may require security in the form of an irrevocable
Letter of Credit, bank draft or certified cheque from a recognized Canadian
Financial Institution to ensure compliance with the one (1) year requirements
stated in subsection 11.9 'Securities for Development Applications'.
6.2.7.
In all Residential Districts, outdoor private swimming pools shall be subject to the
setback regulations of the District in which they are located, the Alberta Safety Codes
Act, and any other applicable safety standards. Permanent swimming pools shall
require the issuance of a Development Permit.
6.2.8.
Tarp/canvas-covered buildings in all Districts are considered temporary accessory
buildings and may be subject to conditions imposed by the Development Authority,
as indicated in the Development Permit issued by the Development Authority and in
alignment with the Alberta Safety Codes Act and any other applicable safety
standards.
6.3
Amenity Space
6.3.1.
Amenity space required in the District regulations shall be provided by a minimum of
3.5 m2 of amenity space per dwelling unit for Dwelling, Rowhouse/Townhouse,
Dwelling, Stacked Townhouse, and Dwelling, Multiple Unit developments.
6.3.2.
Amenity space may consist of both common and private spaces, at the discretion of
the Development Authority.
6.3.3.
Amenity space may be provided as community recreational space, play areas, patios,
and balconies.
6.4
Corner and Double Fronting Lots
6.4.1.
Where a lot abuts two (2) or more public rights-of-way, the front yard and the
correlating setback shall be established in accordance with subsection 6.14.1.
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F I G U R E 1 . C O R N E R V I S I B I L I T Y T R I A N G L E .
6.4.2.
On corner lots in all Residential Districts, excluding the Residential Acreage (R-ACG)
District, no fence, wall, tree, bush, structure, or other obstruction shall be erected,
placed, or maintained within the triangular area formed by the intersecting boundary
lines of the lots adjacent to the road right-of-way and a straight line joining points on
those boundary lines 3.0 m from their intersection (Figure 1).
6.4.3.
On corner lots in all non-Residential Districts, including in the Residential Acreage (R-
ACG) District, no fence, wall, tree, bush, structure, or other obstruction shall be
erected, placed, or maintained within the triangular area formed by the intersecting
boundary lines of the lots adjacent to the road right-of-way and a straight line joining
points on those boundary lines 6.0 m from their intersection (Figure 1).
6.5
Decks
6.5.1.
All decks higher than 0.6 m shall be attached to either the principal building or
Accessory Building/Structure. In no instance shall a deck be permitted to be attached
to a recreational vehicle.
6.5.2.
If a deck is higher than 0.6 m, it shall require an approved Development Permit
application prior to development.
6.5.3.
A deck shall meet all setback requirements for the District in which it is to be located,
regardless of its height. Additional regulations for projections into required setback
areas for the R-ACG District and R-LOW District is indicated in subsection 6.13.1.a.i.
6.5.4.
Covered and/or enclosed decks shall be considered an addition to the principal
building or an accessory structure and shall be required to meet all applicable
regulations in the District in which they are to be located and the Alberta Building
Code.
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6.6
Demolition or Removal of Buildings
6.6.1.
If a Development Permit was issued for the construction of a building or structure, or
if the building or structure is connected to municipal services, an approved
Development Permit is required before any demolition or partial demolition can take
place.
6.6.2.
Upon application for demolition, the Development Authority may require a demolition
plan detailing the following:
a. The footprint of the building and a site plan of the property on which the building
is to be demolished;
b. Measures to be taken to ensure that the demolition is done safely and efficiently;
c. Measures to be taken to mitigate or minimize any disturbances or nuisances that
may occur (dust, noise, debris, traffic, etc.) as a result of the demolition;
d. Coordination with utility companies and Town departments for the safe
disconnection and removal of services, as well as the safe demolition, removal, and
transport of materials;
e. Timelines for the completion of the demolition and site restoration project;
f. Plans for the salvage operation and stockpiling of building demolition material and
fill from excavation;
g. Site restoration and land reclamation upon building demolition (filling, grading,
landscaping, etc.); and
h. Any additional information deemed appropriate, which may include, but is not
limited to, any application requirements in accordance with subsection 11.2.1 of this
Bylaw.
6.7
Development on Lands Near Oil and Gas
Infrastructure
6.7.1.
The Subdivision and Development Authorities shall review Development Permit and
Subdivision Applications to ensure compliance with the required setbacks around well
sites.
6.7.2.
Further to subsection 6.7.1, Development Permit applications within 200.0 m of a
pipeline centreline, as defined in CSA Z662 (as the same may be amended or replaced
from time to time), must undergo consultation with the pipeline operator. Outcomes
from this consultation shall be required to be submitted as part of the Development
Permit application.
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6.7.3.
Notwithstanding subsection 6.7.2, for high-vapour-pressure pipelines or those
transporting sour natural gas, a wider consultation zone may be required, at the
discretion of the Development Authority, in consultation with the pipeline operator.
6.7.4.
The Subdivision and Development Authorities shall not approve a subdivision or
development if it would result in a permanent overnight accommodation, business, or
public facility being constructed within 100.0 m of an active gas or oil well, or 1.5 km
for sour gas facilities, unless a lesser distance is approved in writing by the Alberta
Energy Regulator.
6.7.5.
Setbacks from abandoned wells shall be established in accordance with the Matters
Related to Subdivision and Development Regulation and the most current directive
adopted by the Alberta Energy Regulator.
6.7.6.
The Subdivision and Development Authorities shall require, as a condition of
subdivision or Development Permit approval, the registration of a Restrictive
Covenant against the title of any property containing a reclaimed well.
6.7.7.
For the purposes of this section, distances shall be measured from the wellhead to the
wall of the proposed building.
6.8
Development on Lands Subject to Flooding,
Erosion, and Other Natural Hazards or
Environmentally Significant Features
6.8.1.
The Development Authority may, based on the results of a geotechnical study,
environmental impact assessment, biophysical assessment, or other relevant studies,
impose such conditions as necessary to mitigate potential hazards or refuse an
application for development if the site is not deemed suitable for the proposed use.
6.8.2.
Where a lot borders or contains a ravine, valley, or similar topographical feature, with
or without a watercourse, the minimum required setback of a building from the top-
of-bank shall be 7.5 m or three (3) times the depth of the feature, as defined by a
registered surveyor, whichever is greater, unless a detailed geotechnical engineering
report recommends a different setback.
6.8.3.
A minimum setback of 30.0 m shall be required from the top-of-bank of any
watercourse or water body, unless the Town is satisfied through a detailed
geotechnical engineering study from a registered engineer that a lesser setback is
appropriate. This requirement does not apply to fences and boat houses, which may
be allowed within this area.
6.8.4.
Land within the setback areas defined in subsections 6.8.2 and 6.8.3 shall be kept in
its natural state unless the Development Authority is satisfied, through the submission
of a detailed geotechnical report, that the removal of vegetation or trees will not
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affect the integrity or stability of the slope. A covenant may be registered against the
property to ensure the preservation of existing vegetation.
6.8.5.
Development shall not be allowed on unstable slopes or land characterized by soil
instability unless it can be demonstrated to the satisfaction of the Town by a
registered engineer that the development is safe for construction.
6.8.6.
The Development Authority may increase any minimum yard or setback requirement
for lands within proximity to unstable or steep slopes, or environmentally significant
areas, based on the outcomes of relevant studies.
6.8.7.
An applicant for development in or near an area deemed environmentally significant
by the Development Authority may be required to submit an environmental impact
assessment or biophysical assessment as part of a land use amendment, subdivision,
or Development Permit application. The Development Authority may also refer the
application to federal or provincial departments and other relevant agencies for
comments prior to reaching a decision.
6.8.8.
A Development Permit issued for a Permitted and Discretionary Use within an
environmentally significant area may include conditions for meeting specific
environmental objectives determined by the Development Authority. Such conditions
may include restrictions on site clearing and grading, additional setback requirements,
retention of shelterbelts, fencing, siting and design of buildings, emission controls, and
buffering requirements.
6.8.9.
The removal of natural vegetation and alterations to the natural drainage of lands
within or adjacent to environmentally significant areas may be allowed at the
discretion of the Development Authority, based on relevant studies.
6.8.10.
The following accessory developments are prohibited on steep slopes, irrespective of
the presence of a watercourse, unless supported by a detailed geotechnical
engineering study from a registered engineer as part of the Development Permit
application:
a. Swimming pool;
b. Automated underground lawn sprinkler system;
c. Ornamental pool;
d. Water retention facilities; and
e. Other similar developments.
6.8.11.
The Town may increase any minimum yard or setback requirement where any
Permitted and Discretionary Use, or accessory development, may be detrimental to
the preservation of shoreland or may be adversely affected by being located within a
floodplain.
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6.9
Dwelling Units on a Lot
6.9.1.
The number of dwelling units allowed on a lot shall be one (1), except where additional
dwellings units are Permitted or Discretionary in the District.
6.10 Easements and Rights-of-Way
6.10.1.
No development shall encroach into or over a utility easement, right-of-way,
maintenance easement, or any other easement or right-of-way unless an
encroachment agreement has been established between the landowner and the
owner of the affected easement or right-of-way.
6.10.2.
The applicant is responsible for the costs associated with preparing and registering
the agreement on titles.
6.11 Excavation, Stripping, and Grading
6.11.1.
The Development Authority may require, as a condition of a Development Permit, that
an applicant submit a lot grading plan to the Town for approval before commencing
work on the site.
6.11.2.
The Development Authority may require an Irrevocable Letter of Credit, bank draft or
certified cheque from a recognized Canadian Financial Institution to the value of the
estimated cost of all or any proposed work/activities, including final grading and
landscaping, to ensure that such work is carried out with reasonable diligence.
6.11.3.
Excavation, stripping, and grading activities are considered Discretionary Uses in all
Districts. The Development Authority may require a standalone "Stripping and
Grading Development Permit" for any excavation, stripping, and grading activities,
except for lands governed by a valid Agreement with the Town.
6.11.4.
A Development Permit for stripping and grading shall include:
a. A plan showing the location of the area of the operation relative to site boundaries
and the depth of excavation or the quantity of topsoil to be removed;
b. A description of the excavation, stripping, or grading operation proposed;
c. A detailed timing and phasing program covering the length of the proposed
operation;
d. A plan showing the final site conditions following completion of the operation and
any land reclamation proposals where applicable; and
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e. A description of the measures to be taken for the prevention or mitigation of dust,
debris, drainage management, and other nuisances or hazards during and after the
operation.
6.11.5.
The grading of a lot shall conform to a lot grading plan approved by the Town in
accordance with the municipal Minimum Design Standards for Development and
prepared by a qualified professional.
6.11.6.
If a person alters the approved lot grading or drainage on a site so that water drains
onto adjacent lands, that person shall be responsible for implementing corrective
drainage structures, including retaining walls, to divert water from neighbouring
properties following approval of the Development Authority.
6.11.7.
Any retaining wall exceeding 1.0 m in height shall be designed and inspected after
construction by a qualified professional.
6.12 Height and Grade
6.12.1.
The base from which to measure the height of a building or structure shall be from
any point on the finished ground elevation that adjoins an exterior wall, as illustrated
in Figure 2.
F I G U R E 2 . M E A S U R I N G T H E H E I G H T O F A B U I L D I N G O R S T R U C T U R E .
6.12.2.
When determining the highest point of a building, the following structures shall not be
considered part of the building: elevator housing, mechanical housing, roof stairway
entrance, ventilation fans, skylights, steeples, smokestacks, parapet walls, or flagpoles
or similar devices not structurally essential to the building.
6.12.3.
The height of a building shall not extend above the maximum height requirement
within the prescribed District.
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6.13 Residential Projections into Setbacks
6.13.1.
The following projections into the required setback areas in the R-ACG District and R-
LOW District are allowed:
a. Front, flanking, and rear:
i.
2.0 m for stairs, porches, decks, patios, balconies, and verandas;
ii. 1.0 m for fireplaces and chimneys, provided the horizontal length of the
projection does not exceed a total of 1.8 m; and
iii. 1.0 m for architectural or ornamental features such as boxouts, cornices,
cantilevers, air conditioning units, eaves, eaves troughs, gutters, landings,
windowsills, and steps.
b. Side:
i.
0.6 m for architectural or ornamental features such as boxouts, cornices,
cantilevers, air conditioning units, eaves, gutters, landings, windowsills, steps,
and stairs; and
ii. 0.6 m for fireplaces and chimneys, provided the horizontal length of each
projection shall not exceed a total of 1.8 m.
6.13.2.
In the case of a zero-lot line development, balconies and eaves may be extended to
the lot line or common wall, provided that the common wall is extended for
separation or privacy. In such instances, an easement is required to be provided and
registered on title.
6.14 Determining Yards
6.14.1.
For a development, the Development Authority will determine the location of front,
flankage, side, and rear yards based on access to the lot and the number, location,
and orientation of any proposed buildings in accordance with Figure 3.
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F I G U R E 3 . Y A R D T Y P E S .
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7. Specific Use Regulations
7.1
General Regulations for Specific Uses
7.1.1.
The Development Permit requirements outlined for specific uses in this section are in
addition to the Development Permit application requirements stated within
subsection 11.2 'Development Permit Application Contents'.
7.1.2.
All Development Permit applications shall include information that addresses the
specific use regulations as identified in Section 7 'Specific Use Regulations'.
7.1.3.
The Development Authority shall have regard to these specific requirements in
addition to other regulations within this Bylaw. If there are discrepancies between
regulations identified in Section 7 'Specific Use Regulations', and other sections in this
Bylaw, Section 7 shall prevail.
7.1.4.
All outdoor storage associated with any use described in Section 7 'Specific Use
Regulations' must be screened from adjacent properties and public rights-of-way, as
specified in Section 8 'Landscaping, Fencing and Screening', for the respective use.
7.2
Animal Services, Major
7.2.1.
Animal Services, Major facilities shall have a separate air exchange system in the
animal holding area where heating and air conditioning are not shared with other
businesses.
7.2.2.
Animal Services, Major facilities shall be equipped with an indoor exercise run if
animals are housed overnight.
7.2.3.
A Development Permit application for Animal Services, Major is required to
demonstrate how the proposed development will limit offsite nuisances, including
noise, odour, or other nuisances associated with the development when adjoining
Residential or Public Districts.
7.3
Automotive, Equipment, and Vehicle Service, Major
7.3.1.
If outdoor storage is an accessory component of the Automotive, Equipment, and
Vehicle Service, Major use, all outdoor storage areas shall be screened through solid
fencing and/or vegetation from adjacent properties and public right-of-way in
accordance with Section 8 'Landscaping, Fencing and Screening'.
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7.3.2.
Any object associated with the Automotive, Equipment, and Vehicle Service, Major
use, which, in the opinion of the Development Authority, is unsightly or tends to
adversely affect the amenities of adjoining lands or the public right-of-way, must be
screened by solid fencing and/or vegetation in accordance with Section 8
'Landscaping, Fencing and Screening'.
7.3.3.
All outdoor storage or stockpiles of materials associated with the Automotive,
Equipment, and Vehicle Service, Major use shall not be vertically higher than the
approved screening.
7.4
Bareland Condominiums
7.4.1.
The minimum lot size for each Bareland Condominium unit shall comply with the
requirements of the District in which it is located.
7.4.2.
The minimum lot width for each Bareland Condominium unit shall be as specified for
the applicable land use district.
7.4.3.
The minimum lot depth shall be as specified for the applicable land use district for
Bareland Condominiums.
7.4.4.
The minimum principal building setbacks in a Bareland Condominium shall be:
a. Front Yard: 5.5 m from the internal roadway or common property roadway.
b. Side Yard: 1.5 m when there is rear access and/or a front garage; 3.0 m on one side
if there is no rear access and no front garage.
c. Rear Yard: 5.5 m from the rear lot line, or 7.5 m if the unit does not have rear lane
access.
7.4.5.
The maximum building height in Bareland Condominium developments shall be as
specified for the applicable land use district.
7.4.6.
The maximum lot coverage shall not exceed sixty-five percent (65%) for each unit in a
Bareland Condominium.
7.4.7.
A minimum of five percent (5%) of the gross site area of a Bareland Condominium
project shall be devoted to common recreational or amenity space. The Condominium
Corporation is required maintain all common property, including roads, walkways, and
recreational areas, with maintenance standards specified in the condominium bylaws.
7.4.8.
A Landscaping Plan, prepared in accordance with subsection 8.2 'Landscaping Plan
Requirements' of this Bylaw, shall be submitted with the Development Permit
application. The plan shall include details on the landscaping of common areas,
individual units, and any fencing between units or along the perimeter of the property.
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7.4.9.
Each Bareland Condominium unit shall provide a minimum of two (2) parking stalls,
either within a garage or on a driveway. Visitor parking shall be provided at a ratio of
one (1) space per every three (3) units and shall be located in convenient locations
throughout the development.
7.4.10.
All Bareland Condominium units shall be connected to Town water and sanitary
services, as required by the Town. Shared services and utilities are required to be
maintained by the Condominium Corporation.
7.4.11.
Notwithstanding subsections 7.4.1 - 7.4.10, the Development Authority may allow
variations in building design and site layout for Bareland Condominiums to
accommodate innovative housing types or unique site conditions, provided these
variations do not adversely affect neighbouring properties or the overall
development.
7.5
Bed and Breakfast
7.5.1.
All Bed and Breakfast operations shall meet public health regulations and be kept in a
manner that meets all provincial regulations.
7.5.2.
Interior or exterior alterations, additions, or renovations to accommodate a Bed and
Breakfast use are allowed provided such alterations, additions, or renovations
maintain the principal residential appearance or character of a single detached
dwelling, comply with the District regulations, and comply with the Alberta Safety
Codes Act and any other Town bylaws.
7.5.3.
A maximum of three (3) guest rooms shall be allowed in a Bed and Breakfast.
7.5.4.
The Bed and Breakfast use shall be subordinate, incidental, and an accessory use to a
principal single detached dwelling.
7.5.5.
The operators of a Bed and Breakfast shall make reasonable efforts to mitigate the
impact of the operation on surrounding residences.
7.5.6.
The Development Authority may require as a condition of approval for a Bed and
Breakfast that the applicant provide screening for the parking area and limit guest
activities between certain times.
7.5.7.
A Development Permit application for a Bed and Breakfast use is not allowed where
a Development Permit has been issued for a Home-Based Business, Levels 1, 2, or 3,
unless otherwise approved by the Development Authority.
7.5.8.
A Bed and Breakfast shall be operated only by the resident(s) of the principal
dwelling that contains the Bed and Breakfast.
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7.5.9.
If a Development Permit application for a Bed and Breakfast has been issued, a
Dwelling, Accessory is not permitted on the same property unless used as part of
Bed and Breakfast operation.
7.5.10.
Signage associated with a Bed and Breakfast use shall be limited to one (1)
commercially produced on-site sign that identifies the business and is limited to 21.0
cm x 26.0 cm in size.
7.6
Cannabis Production and Distribution Facility
7.6.1.
The closest edge of the building footprint of a proposed Cannabis Production and
Distribution Facility, Minor shall not be permitted within 200.0 m of the closest edge
of the building footprint of a (see Figure 4):
a. School or School Reserve lands;
b. Daycare Services;
c. Group Care Facility;
d. Care Facility Minor and Major;
e. Recreation, Indoor Facility;
f. Recreation, Outdoor Facility;
g. Religious Assembly; or
h. Recreation, Park, or other use which may have an ancillary playground.
7.6.2.
The closest edge of the building footprint of a proposed Cannabis Production and
Distribution Facility, Major shall not be permitted within 400.0 m of the closest edge
of the building footprint of a (see Figure 4):
a. School or School Reserve lands;
b. Daycare Services;
c. Group Care Facility;
d. Care Facility Minor and Major;
e. Recreation, Indoor Facility;
f. Recreation, Outdoor Facility;
g. Religious Assembly; or
h. Recreation, Park, or other use which may have an ancillary playground.
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F I G U R E 4 . C A N N A B I S P R O D U C T I O N A N D D I S T R I B U T I O N F A C I L I T Y S E T B A C K .
7.6.3.
Where the Cannabis Production and Distribution Facility constitutes a portion of, or
a bay within, a larger building, the footprint of that portion of the building shall be
used in establishing the setback.
7.6.4.
A Cannabis Production and Distribution Facility shall not include outdoor storage of
cannabis goods, materials, or supplies.
7.6.5.
A Cannabis Production and Distribution Facility must include an air filtration system
to remove odours as an extra precaution to ensure the use does not create odour
impacts on adjacent lots.
7.6.6.
A Cannabis Production and Distribution Facility is required to follow all provincial
and federal development requirements.
7.7
Car Wash
7.7.1.
A Car Wash shall not be located on lots which, in the opinion of the Development
Authority, negatively impact adjacent lots regarding noise and traffic generation.
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7.7.2.
The lot which contains a Car Wash shall contain space for at least twelve (12) vehicles,
or a minimum of three (3) vehicles for each car wash bay, whichever is greater, so
that vehicles have space to line up in front of the bays.
7.7.3.
Notwithstanding the regulations in subsection 7.7.2, the minimum lot area for a Car
Wash shall be 600.0 m².
7.7.4.
Where a Car Wash and Gas Station are located on the same lot, notwithstanding
regulations in subsection 7.7.3, the minimum lot area shall be 2,700.0 m². For
additional regulations related to Gas Stations, see subsection 7.14 'Gas Station and
Bulk Fuel Facility'.
7.7.5.
A Car Wash requires the installation of an oil/grit separator, in accordance with
applicable provincial regulations.
7.7.6.
On-site storage of sludge/waste associated with a Car Wash is prohibited.
7.8
Crematorium
7.8.1.
All Crematoriums must adhere to provincial regulations, encompassing
environmental, health, and safety standards.
7.8.2.
All Crematoriums must be located to provide a minimum separation distance of 150.0
m from:
a. Schools or School Reserve lands;
b. Daycare Services; and
c. Residential Uses.
7.8.3.
A Development Permit application for a Crematorium shall include an outline of the
proposed crematorium facility, encompassing site plans, building designs, and
operational strategies that show how the crematorium is going to mitigate
environmental impacts and offsite nuisances.
7.9
Day Home
7.9.1.
A Day Home shall not be located in a dwelling that contains a Home-Office or Home-
based Business.
7.9.2.
Outdoor play areas used for a Day Home shall be fenced and may require additional
screening to avoid visual infringement from an adjacent Residential Use or the public
right-of-way.
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7.9.3.
A Day Home shall submit all required provincial or day home agency license
approvals to the Development Authority as a condition of the Development Permit.
7.10 Dwelling, Accessory
7.10.1.
Dwelling, Accessory units shall be included in the calculation for lot coverage.
7.10.2.
A Dwelling, Accessory unit shall:
a. Contain at least one (1) room and include sleeping, sanitary, and cooking facilities;
and
b. Provide a minimum of one (1) dedicated on-site parking stall in addition to the
required parking for the other uses on site.
7.10.3.
A Development Permit application for a Dwelling, Accessory unit shall be required to
include the following information, in addition to those requirements identified in
subsection 11.2 'Development Permit Application Contents':
a. A Floor Plan; and
b. Elevations for the Dwelling, Accessory unit (front, side, and rear), if not located in
the principal dwelling.
7.11 Dwelling, Live-Work Unit
7.11.1.
The dwelling and business components of a Dwelling, Live-Work Unit shall not be
legally separated through a subdivision or condominium conversion.
7.11.2.
The dwelling associated with a Dwelling, Live-Work Unit shall not contain a Home-
based Office or Home-based Business.
7.11.3.
A maximum of three (3) non-resident employees may be present on the site of a
Dwelling, Live-Work Unit at one time.
7.11.4.
A Dwelling, Live-Work Unit shall include access between the dwelling unit and the
business components.
7.11.5.
Notwithstanding subsection 7.11.4, a Dwelling, Live-Work Unit shall demonstrate
separation of the dwelling unit and the business component by a locked internal
entrance, and a locked external entrance, either from a common indoor landing or
from the exterior of the structure.
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7.11.6.
For a Dwelling, Live-Work Unit located at ground level, the Dwelling, Live-Work Unit
shall contribute to the pedestrian-oriented character of the roadway or immediate
area.
7.11.7.
Signage associated with a Dwelling, Live-Work Unit shall be limited to one (1) fascia
or projecting sign in accordance with subsection 9.7 'Fascia Signs'.
7.11.8.
Signage associated with a Dwelling, Live-Work Unit shall not be illuminated.
7.12 Drive-Through
7.12.1.
When a lot containing a Drive-Through use is adjacent to any Residential District, it
shall be screened with a solid fence, not less than 2.0 m in height running the full
length of the boundary.
7.12.2.
When a lot containing a Drive-Through use is adjacent to a Residential Use that is not
in a Residential District, a 3.0 m landscape buffer shall be required.
7.12.3.
A minimum of one (1) garbage receptacle is required along the length of a Drive-
Through.
7.12.4.
A Development Permit application for a Drive-Through use shall submit a site plan
illustrating how motor vehicles will enter and exit the Drive-Through and avoid
obstruction of adjacent sidewalks, roadways, or lanes.
7.12.5.
The Development Authority may require a traffic impact assessment for a
Development Permit application for a Drive-Through use.
7.13 Establishment, Adult
7.13.1.
An Establishment, Adult use shall not be located within 400.0 m from the boundary
of any existing or intended:
a. School or School Reserve lands;
b. Park or playground or community recreation facilities;
c. Residentially districted lands;
d. Religious Assembly; or
e. Daycare Services.
7.13.2.
No exterior display of nudity or partial nudity associated with an Establishment,
Adult is allowed on the premises.
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7.14 Gas Station and Bulk Fuel Facility
7.14.1.
A Gas Station or Bulk Fuel Facility shall only be located on lots that demonstrate, to
the satisfaction of the Development Authority, safe vehicle circulation, or access
to/egress from the lot, in accordance with the Town's Municipal Servicing Standards.
7.14.2.
Notwithstanding development regulations in Section 5 'Land Use Districts', the
minimum lot area shall be:
a. 1,200.0 m² for a Gas Station.
b. 2,700.0 m² for Gas Stations with a Car Wash.
c. 2,700.0 m² for a Bulk Fuel Facility.
d. 1,000.0 m² for Gas Stations that form part of a Shopping Centre.
7.14.3.
No fuel pump or storage tank for a Bulk Fuel Facility shall be located within 12.0 m
from the front lot line.
7.14.4.
No fuel pump or storage tank for a Gas Station shall be located within 10.0 m from
the front lot line.
7.14.5.
No fuel pump or storage tank for a Gas Station or Bulk Fuel Facility shall be located
within 6.0 m from any side or rear lot line.
7.14.6.
Where a Gas Station is located adjacent to a Residential Use or Residential District, a
minimum of 6.0 m wide landscaped buffer that includes screening is required, in
accordance with Section 8 'Landscaping, Fencing and Screening'.
7.14.7.
There shall be a minimum distance of 15.0 m between all pump islands for a Gas
Station and any Residential Use or Residential Districts. The measurement of the
distance shall be calculated from the concrete of the pump island to the edge of the
lot line or the nearest residential lot line.
7.14.8.
As a condition of a Development Permit approval for a Gas Station or Bulk Fuel
Facility development is required obtain any provincial agency and Alberta Safety
Code Act approvals before occupancy.
7.15 Home-Based Business
7.15.1.
All Home-Based Businesses must be located in the principal building and/or
accessory buildings.
7.15.2.
No changes to the external appearance or residential character of the land or
buildings are permitted to accommodate a Home-Based Business.
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7.15.3.
Signage for a Home-Based Business must be commercially produced, identifying the
business, and must adhere to the size and location regulations specific to the level of
the business, as noted in subsection 7.15.6.
7.15.4.
A Home-Based Business must not generate excessive noise, smoke, steam, odours,
dust, fumes, exhaust, vibrations, heat, glare, or refuse that would be considered
offensive or excessive by the Development Authority.
7.15.5.
The privacy of adjacent Residential Uses must be preserved, and the Home-Based
Business shall not unduly interfere with the use and enjoyment of neighbouring
properties.
7.15.6.
The following table provides specific regulations for Home-Based Businesses based
on the business level:
T A B L E 3 . H O M E - B A S E D B U S I N E S S L E V E L S .
REGULATION
HOME-BASED BUSINESS
Level 1
Level 2
Level 3
Client Visitation
Not allowed
Five (5) visitors per
day, with no more
than two (2) on-site
at a time
Ten (10) visitors per
day, with no more
than two (2) on-site
at a time
External
Storage
Not allowed
Not allowed
Allowed with
screening from
adjacent properties
and public rights-
of-way
On-Site
Employees
Residents only
Residents plus up
to two (2)
additional
employees
Residents plus up
to four (4)
additional
employees
Parking
One (1) commercial
vehicle allowed
Two (2) commercial
vehicles allowed
Five (5) commercial
vehicles allowed
Signage
21.0 cm x 26.0 cm
sign, on-site
21.0 cm x 26.0 cm
sign, on-site
1.0 m x 0.6 m sign,
on-site
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7.16 Home Parks
7.16.1.
All internal roadways in a Home Park shall have a right-of-way width of 7.0 m and be
hard-surfaced and maintained.
7.16.2.
All internal pathways in a Home Park shall be 1.5 m in width, between units, parks, and
community facilities.
7.16.3.
All areas occupied by dwelling units, internal roads or pathways in a Home Park shall
be landscaped to the satisfaction of the Development Authority.
7.16.4.
New manufactured Home Parks containing over fifty (50) manufactured home sites
must have a minimum of five percent (5%) of the total site area designated for
community recreation or amenity space purposes for the manufactured home park.
7.16.5.
Visitor parking shall be provided at a ratio of at least one space for every three (3)
manufactured home dwelling units, located at convenient locations throughout the
Home Park.
7.16.6.
One (1) freestanding sign may be erected at the entrance to a Home Park.
7.16.7.
All homes and buildings in a Home Park shall be securely attached to the ground, and
undercarriages and hitches shall be hidden by skirting complementary to the
manufactured home.
7.16.8.
A manufactured home shall not be brought into a Home Park until a Development
Permit has been issued. The application for a Development Permit shall record the
CSA number or other unique identifier of every manufactured home in the park.
7.16.9.
Before a Development Permit is issued for a new Home Park, or the expansion of an
existing Home Park, the applicant must provide, in addition to what is required in
subsection 11.2 'Development Permit Application Contents', an overall plan site plan
showing:
a. Roadway layout, with widths, cross-sections, and radius of turn of all internal
roadways;
b. The drainage system;
c. Stall sizes;
d. Locations of underground and overhead utilities;
e. Location of parking areas;
f. Community recreation or amenity space, amounting to at least five percent (5%) of
the area of the park for manufactured home parks containing fifty (50) or more
stalls;
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g. Landscaping and buffering separating the residential areas from public rights-of-
way;
h. Garbage storage and collection areas;
i.
The location of communal facilities such as laundromats; and
j.
The locations of signs.
7.17 Moved-In Principal Buildings
7.17.1.
A Development Permit is required to move an existing principal building onto a lot.
7.17.2.
The principal building must adhere to policies within any applicable Area Structure
Plan, Area Redevelopment Plan, and comply with applicable Design Guidelines.
7.17.3.
A Development Permit application for a principal building will respond to the above-
noted requirements and further provide:
a. Photographs showing all sides of the principal building;
b. A statement of the type of construction, condition, and age of the principal
building; and
c. A statement of proposed improvements with an estimate of costs.
7.17.4.
The Development Authority may require the applicant to provide evidence of a
building inspection demonstrating that the moved-in principal building is habitable.
7.18 Outdoor Shooting Range
7.18.1.
An Outdoor Shooting Range may be considered by the Development Authority for
approval if public engagement is undertaken by the applicant in accordance with
Town policies.
7.18.2.
The minimum lot size for an Outdoor Shooting Range is 32.4 ha.
7.18.3.
When deciding on a Development Permit application for an Outdoor Shooting
Range, the Development Authority shall consider:
a. The potential nuisance effect the development may have on lots within a 3.0 km
radius;
b. Proximity to environmentally significant areas, designated natural areas, animal
and bird habitats, and migratory bird sanctuaries;
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c. The design of the development, including, but not limited to setbacks, sound
attenuation walls, trenches, berms, partial enclosures, direction of fire, and similar
design features;
d. The effect in which the surrounding landforms influence the manner in which
sound carries.
7.18.4.
An Outdoor Shooting Range shall comply with the following:
a. Any buildings and areas for shooting shall be at least 30.0 m from any lot
boundary;
b. Parking shall be provided in accordance with Section 10 'Parking and Loading
Regulations';
7.18.5.
The Development Authority shall require the applicant to submit:
a. A site plan illustrating the location of the range and any buildings on the lot,
landscaping, a berm, noise attenuation, direction of fire, parking, and any other
details as deemed necessary by the Development Authority; and
b. An area plan that identifies lands within a 3.0 km radius illustrating land uses,
existing buildings, and any other information as deemed necessary by the
Development Authority.
7.18.6.
The Development Authority may require the applicant to submit:
a. A report or evidence that the proposed range will conform to the Firearms Act,
shooting clubs and shooting ranges regulations, or other relevant legislation; and
b. Any other information deemed necessary.
7.19 Retail, Cannabis
7.19.1.
A Retail, Cannabis store shall meet the following requirements:
a. The public entrance and exit to a Retail, Cannabis use must be direct to the
outdoors;
b. A Retail, Cannabis use shall operate separately and independently from any other
business and sales shall be restricted to Cannabis and its ancillary accessories only;
c. Consumption of Cannabis is prohibited on the same site as a Retail, Cannabis use;
d. A Retail, Cannabis use shall meet the provincial requirements of the Alberta
Gaming, Liquor, and Cannabis Act (AR 143/96), as amended from time to time;
e. Cannabis and its ancillary accessories shall not be visible from outside the
premises of a Retail, Cannabis use;
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7.19.2.
The closest edge of the building footprint of a proposed Retail, Cannabis store shall
not be permitted within 150.0 m of the closest edge of the building footprint or as set
out in the Alberta Gaming, Liquor, and Cannabis Act (AR 143/96) as amended from
time to time, of a:
a. School or School Reserve lands;
b. Daycare Services;
c. Group Care Facility;
d. Care Facility Minor and Major;
e. Recreation, Indoor Facility;
f. Recreation, Outdoor Facility;
g. Religious Assembly; or
h. Recreation, Park, or other use which may have an ancillary playground.
7.19.3.
The closest edge of the building footprint of a proposed Retail, Cannabis store shall
not be permitted within 200.0 m of the closest edge of the building footprint of
another Retail, Cannabis store.
7.19.4.
A Development Permit application for a Retail, Cannabis use shall include a copy of
the Cannabis Retail Licence, pursuant to the Gaming, Liquor, and Cannabis Act (AR
143/96), as amended from time to time.
7.20 Retail, Liquor
7.20.1.
The closest edge of the building footprint of a proposed Retail, Liquor store shall not
be permitted within 150.0 m of the closest edge of the building footprint of a:
a. School or School Reserve lands;
b. Daycare Services;
c. Group Care Facility;
d. Care Facility Minor and Major;
e. Recreation, Indoor Facility;
f. Recreation, Outdoor Facility;
g. Religious Assembly; or
h. Recreation, Park, or other use which may have an ancillary playground.
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7.20.2.
A Development Permit application for a Retail, Liquor use shall include a copy of the
Liquor Retail Licence, pursuant to the Gaming, Liquor, and Cannabis Act (AR 143/96),
as amended from time to time.
7.21 Religious Assembly
7.21.1.
Notwithstanding other regulations in the Bylaw, the minimum site dimensions for
Religious Assembly uses shall be:
a. Width: 30.0 m
b. As required within the District in which the Religious Assembly is located for front,
side, and rear yard setbacks.
7.22 Shopping Centre
7.22.1.
Notwithstanding other regulations in this Bylaw, the minimum site regulations for
Shopping Centre uses shall be:
a. Width: 30.0 m
b. Lot area: 3,000.0 m2
7.23 Solar Energy, Personal Use
7.23.1.
Any ground, building, or roof-mounted solar energy panels and equipment used solely
for personal use solar energy generation purposes shall not require a Development
Permit. However, they shall be required to meet the setbacks specified in the District
in which it is located.
7.23.2.
Any personal use solar energy panels and associated equipment shall not be
positioned in a way that causes unnecessary glare or disturbance to any adjacent
Residential Use, or to any nearby public right-of-way.
7.23.3.
Any ground-mounted personal use solar panel shall not exceed 4.6 m in height above
the existing grade.
7.23.4.
The applicant for personal use solar energy shall be responsible for obtaining the
necessary approvals from the electric distribution company, and the necessary safety
code permits from the Town.
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7.24 Solar Energy, Commercial
7.24.1.
A Development Permit application for a Solar Energy, Commercial facility may be
submitted before receiving approval from the appropriate provincial agencies;
however, the Development Authority shall not issue a Development Permit
application for a Solar Energy, Commercial facility until such approval(s) have been
obtained from the applicable provincial agencies.
7.24.2.
A Development Permit is required for all Solar Energy, Commercial production
facilities intended to generate electricity for commercial sale and transmission into an
electrical distribution system.
7.24.3.
The applicant for a Solar Energy, Commercial facility shall obtain the necessary
inspections and commercial approvals from authorized inspection agencies under the
Alberta Safety Codes Act for any equipment or infrastructure associated with the
Solar Energy, Commercial facility.
7.24.4.
All equipment and infrastructure associated with a Solar Energy, Commercial facility
must comply with setbacks and other development regulations specified in the land
use district in which it is located.
7.24.5.
When a Solar Energy, Commercial facility is decommissioned, the landowner will be
required to return the property to the same land capability and quality as it was
before the installation of any of the Solar Energy, Commercial facility. As part of the
Development Permit application process, the applicant for a Solar Energy,
Commercial facility must submit a detailed decommissioning plan as a condition of
approval.
7.25 Surveillance Suite
7.25.1.
A Surveillance Suite shall be subordinate to and compatible with the principal use.
7.25.2.
A maximum of one (1) Surveillance Suite shall be located on a lot.
7.25.3.
A Surveillance Suite may be located in a Dwelling, Manufactured Home, but shall not
be located in a recreational vehicle.
7.25.4.
A Surveillance Suite shall provide a minimum of one (1) dedicated on-site parking
stall.
7.25.5.
A Surveillance Suite may be located within the principal building in which the primary
use is being conducted or may be detached from that building. In all cases, the
Surveillance Suite shall be a self-contained dwelling unit.
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7.25.6.
Notwithstanding other regulations in this Bylaw, the Development Authority may
impose any other additional regulations for Surveillance Suite use, including setbacks,
design, or landscape conditions they deem appropriate for each situation considering,
but not restricted to, the type of business being operated, the condition and design of
the existing buildings, and the amenities of the neighbourhood.
7.25.7.
The duration of a Development Permit issued for a Surveillance Suite shall be limited
to the operation of the principal use for which the permit is applied.
7.25.8.
An applicant for a Surveillance Suite unit is required to submit the following in
support of a Development Permit and further set out:
a. A site plan illustrating the location of the Surveillance Suite showing,
b. Elevations for the Surveillance Suite (front, side, and rear); and
c. The screening, storage, collection, and disposal of solid waste.
7.26 Swimming Pools and Hot Tubs
7.26.1.
Every private swimming pool and hot tub shall be secured against unauthorized entry
by a fence or wall at least 2.0 m above ground level and of such a design that it will
prevent children from climbing over or crawling through or under it to gain access.
7.27 Telecommunication Towers
7.27.1.
The placement of Telecommunication Towers and equipment is federally regulated
and is therefore exempt from municipal control. The Town of Drayton Valley will
review telecommunication tower submissions and, depending on the nature of the
proposal, a letter of support (concurrence) or non-support (non-concurrence) will be
sent to the wireless service provider. Proponents of telecommunication towers are
encouraged to conduct a pre-submission consultation with the Town to identify
preliminary issues of concern before making their submissions to federal agencies.
7.28 Work Camps
7.28.1.
All Work Camps require a Development Permit.
7.28.2.
A Development Permit for a Work Camp shall be temporary and may be issued for
up to one (1) year, after which a new Development Permit approval is required.
7.28.3.
An application for a Development Permit for a Work Camp must provide the
following information:
a. The location, type, and purpose of the Work Camp;
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b. Adjacent land uses;
c. The method of supplying water, sewer, and waste disposal to the Work Camp. The
proposed method of providing such service must meet the requirements of the
Town, the Regional Health Authority, and, if applicable, the Alberta Private Sewage
Treatment and Disposal Regulation;
d. The number of persons proposed to live in the Work Camp;
e. The start date for development, date of occupancy by residents, and the removal
date for the Work Camp; and
f. Reclamation measures once the Work Camp is no longer needed.
7.28.4.
The Work Camp must be associated with a principal use for which a valid and current
Development Permit has been issued and must only accommodate workers
associated with this use.
7.28.5.
The Work Camp must:
a. Provide adequate on-site parking for private vehicles to the same standards as a
hotel (this parking shall be in addition to that required in Section 10 'Parking and
Loading Regulations' for the principal use of the land);
b. Be removed from the site when the project is completed or when the
Development Permit expires, whichever first occurs;
c. Post security in the form of a letter of credit or cash with the Town of Drayton
Valley sufficient to remove and/or reclaim the site if the Work Camp remains on
site after the Development Permit has expired, or the project is either completed
or if the work has stopped to the extent that the Town no longer feels the Work
Camp is necessary to the project, or to reclaim the site if needed after the Work
Camp has been removed from the site;
d. Be separate from adjacent land uses; and
e. Be inspected by and have approval from the Drayton Valley/Brazeau County Fire
Chief or their designate before occupancy.
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8. Landscaping, Fencing and Screening
8.1
Landscaping Requirements
8.1.1.
A Landscaping Plan shall be required by the Development Authority for any
Development Permit application proposing new land development within the
following Districts:
a. R-MED - Residential, Medium-Density;
b. R-HID - Residential, High-Density;
c. R-MAN - Residential, Manufactured Home;
d. C-BUS - Commercial, Business;
e. C-NHD - Commercial, Neighbourhood;
f. I-MED - Industrial, Medium;
g. P-RM - Recreation, Major; and
h. DC - Direct Control.
8.1.2.
A Landscaping Plan may be required by the Development Authority for any
Development Permit application proposing new land development within the
following Districts:
a. C-DWT - Commercial, Downtown;
b. I-HVY - Industrial, Heavy;
c. P-S - Public, Service;
d. P-R - Public, Recreation;
e. P-C - Public, Conservation and Natural Open Space; and
f. P-U - Public, Utilities.
8.1.3.
For the Residential Districts listed in subsection 8.1.1, a minimum of twenty percent
(20%) of the front yard must be landscaped.
8.1.4.
For the Commercial Districts listed in subsection 8.1.1, a minimum of ten percent (10%)
of the lot must be landscaped, which must include any area within 2.0 m of the front
lot line and a flanking side yard lot line that abuts a road right-of-way or a side yard
adjacent to a Residential District.
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8.1.5.
For the Industrial Districts listed in subsection 8.1.1, any area within 2.0 m of the front
lot line and flanking side yard lot line or a side yard adjacent to a Residential District
must be landscaped, except where a 2.0 m wide landscaped boulevard is provided
within the adjacent public right-of-way.
8.1.6.
In any landscaped area for a non-Residential District listed in subsections 8.1.1 and
8.1.2, trees or shrubs must be planted in the overall minimum ratio of one (1) tree or
two (2) shrubs per 75.0 m² of the area to be landscaped.
8.1.7.
In any landscaped area for a Residential District listed in subsection 8.1.1, trees or
shrubs must be planted in the overall minimum ratio of one (1) tree or two (2) shrubs
per 50.0 m² of the area to be landscaped.
8.1.8.
Plant materials must comprise a mix of:
a. Deciduous trees - minimum caliper 40.0 mm;
b. Coniferous trees - minimum height 1.2 m;
c. Shrubs - minimum height or spread of 0.5 m; and
d. All plant materials shall be hardy to the local region and to the location on the site
where they are planted. The Horticultural Standards of the Canadian Nursery
Trades Association shall be used as a reference for plant selection.
8.1.9.
Rooftop landscaping may be used to meet up to fifty percent (50%) of the required
landscaping coverage of a site within the Districts listed in subsections 8.1.1 and 8.1.2.
8.1.10.
Existing shrubs and trees retained on a lot may be considered as part of the total
landscaping requirement.
8.1.11.
All landscaped areas shall be designed to facilitate effective surface drainage in
accordance with an approved lot grading plan.
8.1.12.
Where existing site conditions make it difficult to achieve full compliance with the
landscaping standards otherwise required by this Bylaw, the Development Authority
may allow a Variance from the landscaping standards.
8.1.13.
As a condition of a Development Permit, the Development Authority shall require all
required landscaping to be completed within two (2) growing seasons of the date of
issuance of the Development Permit.
8.1.14.
The developer/owner and/or successors or assignees shall be solely responsible for
the necessary landscaping and proper maintenance of the development lot and
adjoining public boulevards.
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8.1.15.
Landscaping and/or restoration of public boulevards shall consist of loaming, seed, or
sod unless otherwise specified by the Development Authority.
8.1.16.
Unless otherwise addressed in an agreement with the Town, any landscaping area
between the lot line and the existing curb shall be incorporated into any required
Landscape Plan and shall be landscaped concurrently with the development.
8.2
Landscaping Plan Requirements
8.2.1.
The Development Authority shall require a Landscaping Plan for those Commercial,
Industrial, or Public Districts identified in subsection 8.1.1 to be prepared by a
landscape architect, technologist, or an arborist as part of a Development Permit
application.
8.2.2.
Landscaping Plans are required to include information for the proposed site as well as
all adjacent boulevards and existing properties, which clearly indicate and accurately
identify the following:
a. Name of the project and/or applicant;
b. Name and/or endorsement stamp and signature of the Landscape Professional;
c. North arrow, plan scale, and legal and civic addresses;
d. Lot lines, dimensions of the site, and identification of adjacent land uses and public
area features such as streets, lanes, driveways, vehicular entrances, sidewalks,
street furniture, and boulevard trees;
e. Location of existing plant materials and indication as to whether they are to be
removed or retained;
f. Location of planting beds and identification of bedding material;
g. Location of trees shown at their typical mature size;
h. Total number and type of trees proposed to be provided;
i.
Proposed trees, shrubs, flower beds, and ground covers, as individual plant
symbols, labelled with a key to a cross-referenced plant list identifying the
common and botanical names, quantity, size, and method of planting, grass mix of
sod and/or seed;
j.
Identification of proposed surfacing of parking and storage areas;
k. Location of all exterior lights on the site and their projected light patterns in
relation to adjacent public rights-of-way and developments;
l.
All other physical features, existing or proposed, including berms, walls, fences,
street furniture, and decorative paving; and
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m. If landscaping is being proposed within a utility right-of-way, the plan must be
endorsed by all utility companies that have access to the right-of-way, indicating
their approval of the proposed landscaping.
8.3
Landscaping Securities
8.3.1.
Further to subsection 8.2.1, Landscaping Plans prepared by a qualified professional
shall be accompanied by a quote indicating the cost to implement the Landscaping
Plan in Commercial, Industrial, and Public Districts.
8.3.2.
As a condition of Development Permit approval and in alignment with subsection
8.1.14, the Development Authority shall require the applicant to provide a landscaping
security. This landscaping security may be in the form of an irrevocable letter of credit
or bank draft/certified cheque from a recognized Canadian financial institution, with a
value equivalent to one hundred (100%) of the established costs to implement the
Landscaping Plan. This security must be provided to the Town within thirty (30) days
of the Development Permit being issued. The security may be released subject to the
following conditions:
a. The release of security will be dependent on plant material being alive, thriving,
and having been consistently maintained over the previous two (2) growing
seasons;
b. Securities may be held in full if the landscaping is not provided and installed in
accordance with the approved Landscape Plan, or if there are noted deficiencies
as determined by the Development Authority;
c. Securities may be released in full if the landscaping is provided and installed in
accordance with the approved Landscaping Plan, and there are no deficiencies as
determined by the Development Authority;
d. Securities may be released down to ten percent (10%) of the accepted securities if
all the landscaping is provided and installed but there are noted deficiencies, at the
discretion of the Development Authority. The developer/owner will have one
growing season from the date of the initial inspection to complete the required
landscaping and ensure the landscaping is in healthy condition. Upon approval of
the finished landscaping, the Town shall release the remaining securities; and
e. In the event the developer/owner does not complete the required landscaping or
fails to maintain the landscaping in a healthy condition, the Town will draw on the
securities provided by the developer/owner to complete the required work. If the
securities are insufficient to complete the required work, the developer/owner
shall pay such deficiency to the Town immediately upon being invoiced.
8.3.3.
The amount of the Landscaping Securities shall include the cost of the following,
where applicable based on the approved Landscape Plan:
a. Rough grading of the landscaped area;
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b. A minimum of 150.0 mm of topsoil and sod or seed;
c. Trees, shrubs, and other landscape materials; and
d. Concrete work separating landscaped areas and parking areas.
8.3.4.
Upon receipt of a written request from an applicant, an inspection of finished
landscaping may be scheduled by the Development Authority.
8.3.5.
Landscaping inspections shall be:
a. Conducted only during the normal growing season, approximately May 15th
through October 15th; and
b. Performed within thirty (30) days of receipt of the inspection request, subject to
(a) above.
8.3.6.
One hundred percent (100%) of the Landscaping Securities, as identified in subsection
8.3.2, will be returned when satisfactory completion of the landscaping is confirmed
with an inspection by the Development Authority.
8.4
Landscaping of Existing Development
8.4.1.
Every undeveloped lot shall be maintained to a standard in alignment with the Town
of Drayton Valley's Community Standards Bylaw, as amended from time to time.
8.4.2.
If a person alters the approved lot drainage on/from a site so that water drains onto
adjacent lots, that person shall be responsible for corrective action, including but not
limited to constructing drainage structures to the satisfaction of the Development
Authority, such as retaining walls, to divert water from neighbouring properties.
8.5
Non-Permissible Materials
8.5.1.
Creosote railway ties shall not be utilized in any landscaping within the Town,
including the construction of retaining walls.
8.5.2.
Plants recognized as invasive species by the Province of Alberta are not permissible
planting materials for landscaping within the Town.
8.6
Fencing
8.6.1.
The height of a fence shall be measured from grade.
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8.6.2.
Where a fence is constructed on top of a deck, berm, or retaining wall, the height shall
be calculated from grade to the highest part of the fence, including the height of the
deck, berm, or retaining wall in the calculation.
8.6.3.
The electrification of fences is not allowed in any District.
8.6.4.
Barbed wire or razor wire fences are not allowed in Residential Districts.
8.6.5.
The maximum height of a fence in a Residential District shall be 1.0 m within the front
yard and 2.0 m in the side or rear yard.
8.6.6.
When a non-residential development shares a boundary with a Residential District,
the Development Authority shall require screening measures such as perimeter
fencing, hedges, landscaped areas, or berms. Screening must have a minimum height
of 2.0 m along the shared lot line, to the satisfaction of the Development Authority.
8.7
Screening
8.7.1.
Where any lot or part of a lot adjacent to a provincial highway is used for outdoor
storage of goods, machinery, vehicles, buildings, or waste materials, screening is
required by buildings, fences, hedges, trees, berms, or other landscaping features to
the satisfaction of the Development Authority.
8.7.2.
In Commercial, Industrial, and Public Districts, garbage collection areas, open storage
areas, or outdoor service areas, including any loading and vehicular service areas,
which are visible from an adjacent lot in a Residential District or a public right-of-way
other than a lane, shall be fenced or have screen planting or both. The location,
length, thickness, and height of such fence or screen planting shall follow the
Landscape Plan approved by the Development Authority. Such fence or screen
planting, or both, shall be maintained to provide effective screening from the ground
to a height of 2.0 m.
8.7.3.
For bulk outdoor storage for Commercial or Industrial Use development where the
height of materials stored makes a screen planting insufficient, a fence, earth berm, or
combination thereof, with sufficient height to substantially block the view, may, at the
discretion of the Development Authority, be substituted for the requirements of
subsection 8.7.2.
8.7.4.
Where conditions are not conducive to good horticultural practices, making screen
planting unlikely to survive, the Development Authority may, at its discretion, require
a masonry wall, wood fence, earth berm, or combination thereof, to be substituted for
the requirements in subsection 8.7.3.
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9. Sign Regulations
9.1
General Sign Regulations
9.1.1.
In addition to all other provisions and regulations in this Bylaw, the regulations in this
section shall apply to signs.
9.1.2.
Sign Regulations shall not apply to signs legally in existence at the date of the
adoption of this Bylaw.
9.1.3.
No sign shall be erected on land or affixed to any exterior surface of any building or
structure unless a Development Permit has been issued by the Development
Authority, except in those circumstances described in subsection 9.2 'Exemptions
from Sign Development Permits'.
9.1.4.
Development Permit applications that are not in compliance with the regulations in
this section shall be considered Discretionary, and the Development Authority shall
assess the application based on the following criteria:
a. The scale of the proposed sign in relation to the regulations outlined;
b. The impact of the sign on the character of the surrounding community;
c. The quality, style, finish, and construction of the sign;
d. The safe movement of traffic and pedestrians; and
e. The size and proposed location of the sign, together with the method of
illumination.
9.1.5.
No sign shall be located or placed in such a manner that it may create a potential
hazard or conflict with rights-of-way, easements, or the routing of any public utility,
nor shall it create a traffic or pedestrian hazard or obstruct the public's view of any
other signage.
9.1.6.
Changes to an existing sign, including but not limited to changes in size, shape, type,
illumination, and sign projection style, are required to obtain a Development Permit
unless otherwise exempted by this Bylaw. This requirement does not include routine
maintenance, painting, or changes in face, content, or lettering. All signs must be
maintained in a manner satisfactory to the Development Authority, or a notice will be
served to perform the necessary repairs or remove the sign(s) within thirty (30) days.
9.1.7.
In addition to the information required for a Development Permit application, the
following information shall be required in support of the application:
a. A drawing of the proposed signage, showing:
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i.
The sign design;
ii. The type of sign;
iii. The size (width, depth, and height) of the sign;
iv. The percent of sign coverage of the building face (if applicable);
v. The siting of proposed signage on the property, including setbacks from lot
lines;
vi. A description of and dimensions of any support structure;
vii. The height of the sign from ground level;
viii. The projection of the sign (if applicable);
ix. A description of the proposed signage materials; and
x. A description of any proposed illumination, includes lux levels and rate of
changes/flashing that may be generalized by the sign;
b. The length of time the sign is to be located at the site, if applicable;
c. A letter of authorization from the registered landowner (if the applicant is other
than the owner);
d. In the case of a sign identifying a business, the Town of Drayton Valley business
license number of that business; and
e. A certificate of insurance co-insuring the Town of Drayton Valley for a sign on
public property or projecting over public property (if applicable).
9.1.8.
No sign shall be erected or affixed on a lot unless permission is granted in writing by
the owner and shall be located entirely within the lot boundaries for which the
Development Permit has been applied. If prior written approval is granted, a sign may
overhang another lot, with the written permission of the affected owner.
9.1.9.
With the exception of the special provisions relating to subsection 9.6 'Billboard
Signs', all signs shall only contain advertising pertaining to the site on which they are
displayed.
9.1.10.
No sign shall be permitted that is attached to a fence pole, tree, or any object in a
public right-of-way or publicly owned place. Additionally, no sign or its structure shall
be erected on any exterior stairway, fire escape, fire tower, or balcony serving as a
horizontal exit, or within 3.0 m of overhead power and service lines.
9.1.11.
Any sign that, in the opinion of the Development Authority, creates a traffic or
pedestrian hazard due to its design or location shall be removed or relocated to
mitigate the hazard at the sign owner's expense.
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9.1.12.
Any sign erected for seasonal or annual events is permitted for a duration determined
by the Development Authority, provided it adheres to the standards outlined in this
section and has been issued a Development Permit by the Development Authority.
9.1.13.
If an illuminated sign is located in a District adjacent to a residential use, illumination
must be directed away from the residential use to the satisfaction of the Development
Authority.
9.2
Exemptions from Sign Development Permits
9.2.1.
The following signs shall be exempted from the provisions of these sign regulations
and shall not require a sign Development Permit:
a. Signs displayed on enclosed lots where they are not readily visible to the public;
b. Signs displayed within a building; and
c. Signs displayed on door plates, door boards, or kick plates.
9.2.2.
The following signs shall not require a sign Development Permit provided that the
proposed sign is compliant with the applicable regulations identified below and
elsewhere in this Bylaw, and in accordance with all other applicable legislation,
regulations, and bylaws:
T A B L E 4 . E X E M P T I O N S F R O M S I G N D E V E L O P M E N T P E R M I T S .
SIGN TYPE
DESCRIPTION
REGULATION
Copy
Replacement
Replacement of copy on a sign
for which a Development Permit
has been issued.
N/A
Government
Signs
Signs displayed by or on behalf of
the federal, provincial, or local
government.
N/A
Banners and
Pennant Flags
Banners and pennant flags that
are not permanently installed.
N/A
Election Signs
Posters relating specifically to an
upcoming/pending election.
Must be removed fourteen (14) days
after the election.
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SIGN TYPE
DESCRIPTION
REGULATION
Temporary
Contractor
Signs
Temporary signs of contractors
relating to construction work in
progress on the land on which the
sign is erected.
- Must be wholly situated upon the
site of the structure or the land
use to which it refers.
- Maximum Sign Area: 3.0 m²
- Limit of one (1) per contractor.
- Must be removed within thirty (30)
days following occupancy of the
building or completion of the
works.
Home-Based
Business Sign
One (1) non-illuminating onsite
sign identifying a Home-Based
Business.
- Level 1 Maximum Sign Dimensions:
21.0 cm x 26.0 cm
- Level 2 Maximum Sign Dimensions:
21.0 cm x 26.0 cm
- Level 3 Maximum Sign Dimensions:
1.0 m x 0.6 m
Real Estate/
Property
Management
Signs
Notices relating to the sale, lease,
or rental of the property on which
they are displayed.
- Total copy area must not exceed
1.0 m² in a Residential District or
6.0 m² in a non-Residential District.
- Total copy area must not exceed
1.0 m² in a Residential District or
6.0 m² in a non-Residential District.
- Signs cannot be illuminated.
Limit of one (1) sign on each side
of the land or building facing a
road.
Garage Sale
Signs
Temporary signs for garage sales.
- Must not be located in a corner
visibility triangle.
- Signs are to be removed within
three (3) days of the end of the
sale.
Sandwich
Board Signs
Sandwich board signs located on
public or private property.
- At the sign owner's sole cost, risk,
and responsibility.
- Signs must be entirely located
within the lot lines, except in the C-
DWT District, where it may be
located on the sidewalk, so long as
it does not impede pedestrian
movement.
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SIGN TYPE
DESCRIPTION
REGULATION
Temporary
Advertisements
Temporary advertisement relating
to the sale or letting of land, the
sale of goods or livestock, the
carrying out of building or similar
work, or announcement of any
local event of a religious,
educational, cultural, political, or
similar character.
- Maximum Sign Area: 1.9 m².
- Must be removed within fifteen
(15) days of the event or work
ending.
Temporary Sale
Signs
Temporary signs referring to sales
that are displayed upon the
premises upon or within which
such sales will be or are being
conducted.
- Signs cannot be illuminated.
- Material Permitted: paper,
blackboard, canvas, cardboard,
painted on glass, or other light
material.
- Can only be displayed for fifteen
(15) consecutive days, unless a
longer period of time is approved
by the Development Authority.
9.3
Signage Restricted
9.3.1.
No sign promoting intolerance, hatred, or ridicule of any race, religion, or other
segment of society shall be permitted.
9.3.2.
No sign featuring full or partial nudity shall be permitted.
9.3.3.
No sign shall be erected or affixed to public property or placed within a public right-
of-way without prior consent from the Development Authority or as exempt in this
Bylaw.
9.3.4.
No sign shall be erected or affixed in a manner that obstructs the free and clear vision
of vehicular traffic or creates or could create any form of traffic hazard.
9.3.5.
No sign or advertisement shall resemble, conflict with, or be mistaken for a traffic sign,
signal, or device.
9.3.6.
All signs and advertisements must be maintained in a safe, clean, and tidy condition. If
a sign is not maintained as required, notice will be served to perform the necessary
repairs or remove the sign(s) within thirty (30) days of receiving notice.
9.3.7.
Notwithstanding any other provision in this section, no person shall place a motor
vehicle, trailer, or any other object, building, or structure displaying an off-site sign for
advertisement on a site visible from a provincial highway or local road. For the
purposes of this clause, "trailer" does not include a trailer designed exclusively for
displaying and transporting a portable sign.
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9.3.8.
No sign or advertising structure shall be permitted within 0.8 km (0.5 mi) of a
provincial highway unless approval has been obtained from the department
responsible for provincial highways in Alberta.
9.4
Signage by Land Use District
9.4.1.
Permitted and Discretionary signs in each District shall comply with the following
Table 5:
T A B L E 5 . S I G N S B Y L A N D U S E D I S T R I C T .
9.4.2.
Reference subsection 7.11 'Dwelling, Live-Work Unit' for allowable signage related to
Dwelling, Live-Work Unit operations
9.4.3.
Reference subsection 7.15 'Home-Based Business' for allowable signage related to
Home-Based Business operations.
9.5
Awning and Canopy Signs
9.5.1.
An Awning and Canopy Sign (Figure 5):
a. Shall be constructed of durable, waterproof, colourfast material;
b. Shall be attached to the building or structure with the associated Development
Permit;
c. Shall withstand all stresses from dead weight, snow, and wind loads;
SIGNAGE
R- A C G
R- L O W
R- ME D
R- H I D
R- MA N
C- B U S
C- DW T
C- N HD
I - MED
I - HV Y
P- U
P- S
P- RM
P- R
P- C
U R
DC
Awning/
Canopy Signs
P
P
P
P
P
P
P
P
P
P
P
D
D
Projecting Signs
P
P
P
P
P
P
P
P
P
P
D
D
Roof Signs
D
P
D
D
P
D
D
Fascia Signs
P
P
P
P
P
P
P
P
P
P
P
D
D
Freestanding Signs
D
P
P
P
P
P
P
P
P
P
P
D
D
Billboard Signs
D
P
P
P
D
D
D
D
D
Illuminating Signs
D
D
D
D
D
D
D
D
Inflatable Signs
D
D
P
P
D
D
P
D
D
D
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d. Shall project from the building or structure to a distance of at least 0.6 m between
the face of the curb and the point where a perpendicular line extending from the
front edge of the awning/canopy meets the sidewalk;
e. Shall not project further than 1.2 m from the building or structure;
f. May be attached to the sides and front of the awning/canopy, and such signs may
extend the entire length and width of the awning/canopy;
g. Shall not extend beyond the sides or the front of the awning or canopy to which it
is affixed;
h. Shall not exceed a vertical dimension of 1.5 m; and
i.
Shall have a minimum clearance of 2.5 m above grade at the face of the building.
F I G U R E 5 . A W N I N G A N D C A N O P Y S I G N S .
9.5.2.
No part of the Awning or Canopy Sign shall project over a public right-of-way but
may, at the discretion of the Development Authority, project over a public sidewalk as
long as it does not impede the safety and mobility of pedestrians using the sidewalk.
9.5.3.
Each tenant of a building shall be allowed to place one (1) Awning or Canopy Sign of
no more than 0.5 m².
9.5.4.
All Awning and Canopy Signs shall be erected in such a manner that the structural
support elements are designed to appear as an integral part of the overall sign design
and concealed such that no angle iron bracing, wires, or similar support elements are
visible from a road or lane.
9.6
Billboard Signs
9.6.1.
The vertical posts supporting the structure shall not project above the upper edge of
the Billboard Sign.
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9.6.2.
If the rear of any Billboard Sign is visible from a public right-of-way, it must be
covered with wooden slats or a trellis fixed against the rear edge of the vertical posts
and painted.
9.6.3.
The Billboard Sign shall be maintained to the satisfaction of the Development
Authority.
9.6.4.
A Billboard Sign shall (Figure 6):
a. Be a minimum of 150.0 m apart from any like signs;
b. Be setback a minimum of 5.0 m from the lot line;
c. Have a minimum clearance of 3.0 m above grade;
d. Have vertical posts supporting the structure no higher than the upper edge of the
sign; and
e. Be limited to 6.0 m in height and 3.5 m in width.
F I G U R E 6 . B I L L B O A R D S I G N .
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9.6.5.
A Billboard Sign may, at the discretion of the Development Authority, be permitted
to be illuminated by a constant source of light, but flashing and animated lighting is
not permitted.
9.7
Fascia Signs
9.7.1.
A Fascia Sign shall be attached to or placed flat against an exterior vertical surface of
a building, projecting no more than 0.4 m from the surface of the building, and shall
not project above the roof or parapet as shown in Figure 7.
F I G U R E 7 . F A S C I A S I G N .
9.7.2.
A Fascia Sign shall:
a. Be securely fastened to walls and shall not be entirely supported by an unbraced
parapet wall;
b. Not be located above any portion of a public rights-of-way or project over public
property unless there is a minimum clearance from grade of 2.5 m;
c. Not exceed twenty-five percent (25%) of the visible area of the facade of each wall
of the building on which it is located; and
d. At the discretion of the Development Authority, having regard for the design of
the sign, be permitted to extend the entire length of an exterior wall.
9.7.3.
Any other location for a Fascia Sign shall be at the discretion of the Development
Authority, who shall consider the aesthetic quality and compatibility of the proposed
sign with adjacent developments.
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9.8
Freestanding Signs
9.8.1.
A Freestanding Sign shall be designed in a manner that is architecturally compatible
with the general character of the building and/or the surrounding streetscape.
9.8.2.
Only one (1) Freestanding Sign shall be permitted per lot, except where sites have
60.0 m or more of street frontage and signs are placed no closer than 30.0 m apart.
9.8.3.
On a site where two or more sides front onto a public right-of-way, each frontage
may have a Freestanding Sign, provided the signs are at least 90.0 m apart
(measured along the frontage). Where a site has more than 90.0 m of frontage, one
(1) additional freestanding sign may be erected.
F I G U R E 8 . F R E E S T A N D I N G S I G N .
9.8.4.
A Freestanding Sign shall (Figure 8):
a. Have a minimum clearance of 2.5 m above grade; and
b. Not encroach onto or overhang an adjacent lot, road, or lane, but may, at the
discretion of the Development Authority, overhang a public sidewalk as long as it
does not impede the safety and mobility of pedestrians using the sidewalk.
9.8.5.
Maximum Freestanding Sign Dimensions:
a. Residential:
i.
Sign area: 6.0 m²
ii. Sign Height: 2.5 m
b. Non-Residential:
i.
Sign area: 18.0 m²
ii. Sign Height: 9.0 m
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9.9
Illuminating Signs
9.9.1.
Building owners or sign operators shall be responsible for the maintenance and
upkeep of Illuminating Signs to ensure optimal performance, including lamp
replacement, cleaning, and repair of damaged components.
9.9.2.
An Illuminating Sign shall:
a. Be limited to no more than 5,000 candelas per square meter;
b. Ensure that illumination or reflection shines away from abutting or adjacent
Residential Districts; and
c. Not be allowed to flash or strobe.
9.9.3.
The Development Authority may, at its discretion, require Illuminating Signs that face
or are within a P-C District or Residential Districts to be turned off daily between
12:00 AM and 5:00 AM.
9.10 Inflatable Signs
9.10.1.
A maximum of one (1) Inflatable Sign may be located on a lot and must be tethered
or anchored against the wind.
9.10.2.
The Development Authority shall issue a permit for an Inflatable Sign for a prescribed
time not to exceed thirty (30) consecutive days. Notwithstanding this, the
Development Authority may extend a permit for an Inflatable Sign on a yearly basis.
9.10.3.
An Inflatable Sign shall:
a. Be limited to 8.0 m in height if mounted on the ground;
b. Have a maximum height allowance not to exceed the height limit in the District,
including the vertical dimension of the sign and the building height, if mounted on
a building; and
c. Maintain a minimum clearance of 10.0 m from power and service lines and the
public right-of-way.
9.11 Projecting Signs
9.11.1.
A Projecting Sign shall not project over another lot, a public right-of-way, or a lane,
but may, at the discretion of the Development Authority, project over a public
sidewalk as long as it does not impede the safety and mobility of pedestrians using
the sidewalk.
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9.11.2.
A Projecting Sign shall be installed in a manner ensuring the structural support
elements are either integrated seamlessly into the overall sign design or concealed to
ensure no angle iron bracing, guy wires, or similar support elements are visible from a
public right-of-way.
9.11.3.
A maximum of one (1) Projecting Sign with a maximum copy area of 1.0 m² shall be
allowed for each building or tenant, except on corner lots where a maximum of two
(2) projecting signs may be located on each building facade.
9.11.4.
Projecting signs shall maintain the required clearance from overhead power and
service lines as required under the Electrical Utility Code and the Alberta Safety Codes
Act.
9.11.5.
A Projecting Sign shall (Figure 9):
a. Not project more than 1.0 m from a building;
b. Be set back a minimum of 0.6 m from the existing or proposed curb;
c. Have a vertical clearance of a minimum of 3.0 m from grade; and
d. Project no greater than the height of the roof or parapet of a building.
F I G U R E 9 . P R O J E C T I N G S I G N .
9.12 Roof Signs
9.12.1.
A Roof Sign and supporting structures must be designed, manufactured, and installed
to integrate seamlessly with the architectural aesthetics of the building.
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F I G U R E 1 0 . R O O F S I G N .
9.12.2.
A Roof Sign shall (Figure 10):
a. Have a minimum setback of 1.0 m from the edge of the building on which the roof
sign is located;
b. Have a sign area with a maximum height of 3.0 m or one-fifth of the height of the
building, whichever is lesser;
c. Not exceed the maximum height limit of the District in which it is located,
measured from grade to the top of the sign;
d. Be erected so that the supporting structure is not visible; and
e. Refer to the principal use of the building on which it is situated.
9.13 Temporary Signs
9.13.1.
Notwithstanding any other provisions of this Bylaw, a Temporary Sign that advertises
commercial and non-profit organization events is not permitted in the public rights-
of-way. Only municipal or other government Temporary Signs are permitted in the
public right-of-way to display public notices.
9.13.2.
A Temporary Sign shall require sign permits, and each commercial event shall require
a separate permit.
9.13.3.
A maximum of one (1) Temporary Sign shall be located on a site at one time, except
that one (1) Temporary Sign may be allowed for each business in a multiple-
occupancy development, provided that the signs are separated by a minimum of 15.0
m apart.
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F I G U R E 1 1 . T E M P O R A R Y S I G N .
9.13.4.
A Temporary Sign shall (Figure 11):
a. Be allowed on a vacant lot, provided permission has been granted by the
business/landowner;
b. Not be located closer than 1.5 m to a lot line;
c. Not encroach onto or overhang an adjacent lot or public right-of-way;
d. Be limited to a height of 2.5 m above grade and shall have a maximum copy area
of 3.0 m²;
e. Be set back a minimum of 1.8 m from the face of the curb of a public right-of-way;
f. Be located away from sidewalks or public trails or any other location that may
impede pedestrian access or the Town's roadside maintenance operations;
g. Not be placed on a site that conflicts with or takes up space for parking, loading,
or walkways;
h. Be located in such a manner that they will not impair the vision of pedestrians and
motor vehicle operators or be located within the site triangle at the intersection of
two (2) roadways; and
i.
Not be illuminated.
9.13.5.
The Development Authority, at its discretion, shall specify the length of time the
Temporary Sign is located on the lot.
9.14 Sign Permits and Conditions of Approval
9.14.1.
If a sign for which a Development Permit has been issued is not installed within twelve
(12) months from the date of issuance, the permit shall be considered void unless an
extension has been applied for and approved by the Development Authority.
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9.14.2.
All sign structures must be securely constructed and erected in compliance with the
standards outlined in this Bylaw and applicable Alberta Safety Codes Act.
9.14.3.
If the installation of a sign requires structural provisions, the Development Authority
may require the preparation of structural drawings sealed and signed by a
Professional Engineer, in good standing with the Association of Professional
Engineers and Geoscientists of Alberta (APEGA).
9.14.4.
The Development Authority may consider a Variance to the size, dimensions, area, or
distance separation for any sign.
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10. Parking and Loading Regulations
10.1 General Parking Regulations
10.1.1.
The requirements of this section apply to all parking and loading facilities required by
this Bylaw. In the event of a conflict between the requirements of this section and a
land use district, the land use district requirements shall prevail.
10.1.2.
Where any development is proposed, parking shall be provided and maintained by
the owner in accordance with the requirements of this Bylaw.
10.1.3.
Parking stalls and loading spaces shall be clearly marked and maintained to ensure
legibility, to the satisfaction of the Development Authority.
10.1.4.
Barrier-free parking stalls and loading zones must adhere to the Barrier-Free Design
Guidelines outlined in the Alberta Building Code. These requirements shall be
integrated into the overall parking plan and considered part of the minimum parking
requirement. Signs shall be installed in accordance with the Manual of Uniform Traffic
Control Devices of Canada.
10.1.5.
Where the provision of off-street parking or loading space is required by this Bylaw, a
plan of the proposed site layout shall be included with the Development Permit
application.
10.1.6.
Parking stalls shall have a minimum overhead clearance of 2.0 m.
10.1.7.
For any new construction, expansion, or change of use of a building that requires
additional parking or loading spaces, the building owner must provide these spaces as
specified in this Bylaw before the development is completed or the building is
occupied, whichever comes first.
10.1.8.
If weather conditions prevent the completion of parking lot surfacing, then it must be
compacted and maintained for emergency vehicle access, with full surfacing
completed within one (1) construction season.
10.1.9.
Pedestrian Network Design in Parking Lots:
a. The development must include pedestrian pathways connecting the building to an
existing sidewalk network.
b. There shall be at least one barrier-free pedestrian access from a sidewalk to the
building. Such access shall not cross vehicular circulation unless otherwise
approved by the Development Authority.
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c. For parking lots and drive-through developments comprising over twenty-five (25)
parking stalls, it is required to incorporate pedestrian circulation routes 2.0 m in
width and, clearly marked and integrated with vehicular pathways. Pedestrian
routes can be delineated using raised crossings, signage, distinct paving, painted
markings, bollards, landscaping, or any other suitable method to the satisfaction of
the Development Authority.
d. Parking and loading spaces should be designed and located without disruptions to
pedestrian pathways and nearby roads.
10.1.10.
If vehicles entering public roadways are longer than 9.0 m, the applicant may need to
submit diagrams demonstrating that suitable entrance and circulation geometrics
have been included to the satisfaction of the Development Authority.
10.1.11.
The Development Authority may refuse a Development Permit to applicants who do
not fully comply with parking or loading requirements unless they provide a Parking
Study prepared by a qualified professional that provides recommendations for
reducing parking requirements, as noted in subsection 10.2.7.
10.2 Parking Requirements
10.2.1.
All required parking stalls and loading spaces shall be located on the same lot, except
in the Commercial, Downtown (C-DWT) District where the Development Authority
may accept the required parking and loading to be located on lots adjacent to or
nearby if an agreement between the owners is registered on the title of the lot
accepting the off-site parking or loading.
10.2.2.
All parking spaces, loading spaces, and drive aisles shall meet the following:
a. Where the public right-of-way is hard surfaced adjacent to a lot Districted
Commercial, Industrial, R-MAN, R-MED, R-HID, P-S, P-R, P-M or as a Direct Control
District, then hard surfacing shall be completed before occupancy;
b. Have demarcated or physically divided parking stalls, loading spaces, or drive
aisles;
c. Install barriers to prevent motor vehicles from encroaching onto landscaped areas
and to protect fences, walls, or buildings; and
d. Cannot be located in a fire lane.
10.2.3.
All parking spaces, loading spaces, and drive aisles shall meet the requirements listed
in Table 6 and illustrated in Figure 12.
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T A B L E 6 . M I N I M U M P A R K I N G S T A L L D I M E N S I O N S .
ANGLE
A
B
C
D
STALL WIDTH
STALL DEPTH
AISLE WIDTH
OVERALL
DEPTH
0°
3.0 m
5.0 m
3.6 m
13.6 m
45°
3.0 m
6.5 m
3.6 m
16.6 m
60°
3.0 m
6.5 m
5.5 m
18.5 m
90°
3.0 m
6.0 m
7.0 m
19.0 m
F I G U R E 1 2 . P A R K I N G S T A L L D I M E N S I O N S .
10.2.4.
Where the calculation of the required number of parking stalls or loading spaces
results in a fraction of a parking space, the next higher number shall be taken.
10.2.5.
If a use does not fit into one land use category but instead falls under a combination
of categories listed in this section, the requirement for the land use that necessitates
the highest number of stalls will be applied.
10.2.6.
Unless otherwise allowed by the Development Authority, the required minimum
number of vehicle parking stalls for any land use shall be as provided in subsection
10.2.8.
10.2.7.
Notwithstanding subsection 10.2.6, applicants may submit a Parking Study report
from a qualified professional to demonstrate lessening or removing the parking
minimums. Parking requirements may be altered at the discretion of the Development
Authority based on the recommendations from a Parking Study.
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10.2.8.
Parking requirements are as follows:
a. Residential Uses
USE
MINIMUM REQUIREMENT
Dwelling, Accessory
1 per 2 bedrooms
Dwelling, Duplex/Semi
2 per unit
Dwelling, Manufactured Home
2 per unit
Dwelling, Modular Home
2 per unit
Dwelling, Multiple Unit
1 per unit + 0.15 per unit designated as visitor
parking
Dwelling, Row
House/Townhouse
1 per unit
Dwelling, Single-Detached
2 per unit
Dwelling, Stacked Townhouse
1 per unit
Dwelling, Triplex
1 per unit
Residential Care Facility
1 per 250.0 m² gross floor area
Show Home
Same as the Dwelling Type
b. Commercial Uses
USE
MINIMUM REQUIREMENT
Animal Services, (Major and
Minor)
1 per 100.0 m² gross floor area
Automotive, Equipment and
Vehicle Sales
2 per 100.0 m² gross floor area
Automotive, Equipment and
Vehicle Service, Major*
2 per employee on shift + 1 per service bay
Automotive, Equipment and
Vehicle Service, Minor
1 per employee on shift + 1 per service bay
Establishment, Eating &
Drinking
1 per 4 seats or 1 per 3.0 m² of gross floor
area, whichever is greater
Retail, Cannabis
4 per 100.0 m² gross floor area
Retail, Liquor
4 per 100.0 m² gross floor area
Retail, Shopping Centre
4 per 100.0 m² gross floor area
Retail, Store
3 per 100.0 m² gross floor area, minimum 2
stalls
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c. Industrial Uses
USE
MINIMUM REQUIREMENT
Bulk Fuel Station
0.5 per 100.0 m² gross floor area (minimum
of 2)
Cannabis Production and
Distribution Facility
1 per employee on shift
General Industrial
Manufacturing/Processing
1 per employee on shift
Industrial Storage and
Warehousing
2 per 100.0 m² gross floor area + 1 stall per
employee on shift
d. Institutional Uses
USE
MINIMUM REQUIREMENT
Cemetery
10 per hectare
Care Facility, Minor
1 per 250.0 m² gross floor area
Care Facility, Major
1 per 250.0 m² gross floor area
Health and Medical Services
2 per 100.0 m² gross floor area
Recreation, Indoor Facility
1 per 3.5 seats or 31 per 100 m² gross floor
area used by patrons, or 4 per lane, or 8 per
sheet, or 1 per 10 m² gross floor area, or 1 per
3.5 seats or 1 per 5 m² of playing/water
surface, or 2 per court, whichever is greater
Recreation, Outdoor Facility
5 per 100.0 m² gross floor area
Religious Assembly
1 per 4 seats, or 20 per 100 m² of floor area
used for assembly, recreation, or other
accessory uses
e. Other Uses
USE
MINIMUM REQUIREMENT
Agricultural Support Services
1 per 100.0 m² gross floor area
Bed and Breakfast
1 per Guest Room
Boarding Or Lodging Home
1 per 2 beds
Kennel
2 + a minimum of 1 staff parking stall
Riding Arena
1 per 100.0 m² gross floor area
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10.3 Parking Lot Plans
10.3.1.
For parking areas larger than thirty (30) stalls in Commercial or Industrial Districts, a
Parking Lot Plan that addresses parking requirements, pedestrian circulation, and
landscaping design shall be completed as part of the Development Permit application
to the satisfaction of the Development Authority.
10.3.2.
A Parking Lot Plan shall meet the following requirements, as generally illustrated in
Figure 13:
a. The minimum total landscaped area in the parking lot shall equal 1.5 m² for every
parking stall;
b. Landscaped areas within and abutting parking areas are to be contained by a
150.0 mm height concrete curb or approved alternative;
c. For sunken landscaped areas, gaps in the concrete curb are required to allow for
stormwater drainage;
d. Landscaped islands shall be dispersed across the parking lot to provide visual relief
and break up large areas of parking into smaller cells;
e. The number of trees within required landscaped parking islands shall not be less
than one tree per ten parking spaces;
f. Landscape islands shall be a minimum of 2.7 m wide; and
g. Landscaping shall not interfere with parking lot lighting, vehicle and pedestrian
sight lines, or increase the opportunity for criminal activity.
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F I G U R E 1 3 . L A N D S C A P E D I S L A N D S W I T H I N P A R K I N G L O T S .
10.4 Bicycle Parking
10.4.1.
Bicycle racks capable of accommodating the number of bicycles equivalent to at least
five percent (5%) of the minimum number of parking spaces (but in no case less than
four bicycles) shall be provided for in all Commercial Districts.
10.4.2.
Notwithstanding subsection 10.4.1, development in the Commercial - Downtown (C-
DWT) may be exempt from this requirement if the applicant can demonstrate that
there are adequate bicycle racks within the public right-of-way, to the satisfaction of
the Development Authority.
10.4.3.
Bicycle racks shall be provided entirely on the same site as the development.
10.4.4.
The number of bicycle parking racks cannot be combined or aggregated for multiple
properties or developments into a single location. Each property or development
must meet individual bicycle parking requirements separately.
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10.4.5.
Bicycle racks shall be in proximity to main or side building entrances and separated
from vehicle parking by a physical barrier or a minimum 1.5 m of open space.
10.4.6.
Bicycle racks shall:
a. Be constructed of industrial-grade metals with a smooth painted surface to
prevent rusting and scratching of bicycle frames;
b. Be securely affixed to the finished grade; and
c. Have two points of contact between the bicycle and the rack to allow a wheel and
frame to be locked to the rack, similar to those shown in Figure 14.
F I G U R E 1 4 . P E R M I T T E D B I C Y C L E R A C K D E S I G N S .
10.4.7.
Bicycle rack designs that include only one contact point between the bicycle and the
rack are prohibited.
10.5 Loading Requirements
10.5.1.
Off-street loading spaces shall be provided and maintained by the owner in
accordance with the requirements of this Bylaw.
10.5.2.
Off-street loading space shall be provided entirely within the property of the
development being served.
10.5.3.
Off-Street Loading Spaces shall:
a. Have minimum dimensions of 4.0 m in width and 9.0 m in length;
b. Have overhead clearance of at least 5.0 m above grade;
c. Have vehicular access from a street or lane either directly or by a clearly defined
traffic aisle; and
d. Be surfaced to the satisfaction of the Development Authority.
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10.5.4.
Notwithstanding subsection 10.5.3, the Development Authority, having regard to the
types of vehicles that are likely to use the loading space, may alter minimum Off-
Street Loading Space dimensions at their discretion.
10.5.5.
The minimum number of Off-Street Loading Spaces required for each type of
development is specified below. Where the use is not listed, the number of spaces
shall be determined by the Development Authority, having regard to similar uses.
10.5.6.
The minimum loading space requirements are as shown in Table 7 unless the
applicant can demonstrate to the satisfaction of the Development Authority that
modified requirements are appropriate based on the type of development and/or its
context.
T A B L E 7 . M I N I M U M L O A D I N G S P A C E R E Q U I R E M E N T S .
USE OF BUILDING OR
SITE
MINIMUM NUMBER OF LOADING SPACES
REQUIRED
All uses in Commercial
Districts
One (1) space for each loading door with a minimum
of one (1) space to be provided
All uses in Industrial
Districts
One (1) space for each loading door with a minimum
of one (1) space to be provided
All Institutional Uses
One (1) space for every 2,790.0 m² of gross floor area
or fraction thereof
All Other uses
As required by the Development Authority
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11. Procedure for Development
11.1
Development Permit Applications
11.1.1.
In addition to meeting the requirements of this Bylaw, as outlined in subsection 1.7
'Compliance with Other Legislation', it is the responsibility of the applicant to obtain
other Alberta Safety Codes Act approvals, or other approvals or licenses that may be
required by other regulatory departments or agencies.
11.1.2.
Development Permit applications shall be completed and submitted to the
Development Authority in writing or electronically for any proposed development,
using the Development Permit form, except for circumstances outlined in subsection
3.2 'Non-Conforming Buildings and Uses'.
11.1.3.
A use described as "other uses" or "similar uses" in this Bylaw shall be considered a
Discretionary Use. The Development Authority will assess it to determine whether it
meets the intent of the District, the objectives and policies of the Municipal
Development Plan (MDP), and the potential impacts on the surrounding community
when considering the approval of the Development Permit application.
11.2 Development Permit Application Contents
11.2.1.
A Development Permit application shall be made using the appropriate application
form available at the Town office and on the Town's website and shall include the
following:
a. An application fee as set within the "Fee Schedule," as amended;
b. A current copy of the Certificate of Title (within thirty (30) days of submission) for
the affected lands;
c. Current copies of any restrictive covenants or easements (within thirty (30) days
of submission); and
d. A copy of the site plan showing:
i.
Legal description of the site with north arrow and scale;
ii. Site area and dimensions of the front, rear, and side yards, if any;
iii. Site drainage including any watercourses, finished lot grades, road grades, and
slopes greater than fifteen percent (15%),;
iv. Locations and distances of on-site existing or proposed water and sewer
connections, septic tanks (including drainage area), disposal fields, water wells,
culverts, and crossings;
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v. Existing and proposed access and egress to and from the site;
vi. Where applicable, the identification of trees to be cut down or removed;
vii. The height, dimensions, and setbacks of all existing and proposed buildings and
structures; and
viii. Any rights-of-way and setbacks.
e. When required by the Development Authority:
i.
Building floor plans, elevation drawings, and a description of exterior finishing
materials;
ii. A Fire Safety Plan in accordance with the Alberta Fire Code;
iii. A real property report drawn by an Alberta Land Surveyor, if there is any doubt
as to the boundaries of the lot;
iv. Engineering, environmental, and other reports to prove the safety and
suitability of the site for the intended purpose, including a declaration that the
site is free from contamination and conforms to the Town's Minimum Design
Standards for Development and Infrastructure Master Plans as they pertain to
transportation, water, sanitary, and stormwater management;
v. Parking Lot Plan;
vi. Landscape Plan;
vii. Traffic Impact Assessment; and
viii. Any supporting studies, plans, or other information deemed necessary; and
f. Any other additional information required for a specific use or activity, as outlined
in Section 7 'Specific Use Regulations'.
11.2.2.
Notwithstanding subsection 11.2.1, the Development Authority may require details or
information not specifically referred to if, in the Development Authority's opinion, the
details or information are necessary to evaluate the application and make a decision.
11.3 Completeness of Applications
11.3.1.
A Development Permit application shall not be considered complete by the Town
until the requirements in subsection 11.2 'Development Permit Application Contents'
have been met to the satisfaction of the Development Authority.
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11.3.2.
If an application for a Development Permit does not contain all the necessary
information or does not contain sufficient details to complete an evaluation of the
application and to make a proper decision, the Development Authority shall find the
application to be incomplete and inform the applicant by electronic or standard mail
within twenty (20) days after the receipt of a Development Permit application that
the application is considered incomplete.
11.3.3.
When notifying an applicant that their Development Permit application is incomplete,
the Development Authority shall inform the applicant what outstanding documents
and information must be submitted by the date set out in the notice or a later date
agreed on between the applicant and the Development Authority in order for the
application to be considered complete.
11.3.4.
The Development Authority shall inform the applicant by electronic or standard mail
within twenty (20) days after the receipt of the updated application, that the
application is considered complete or incomplete.
11.4 Application Referrals and Public Notification
11.4.1.
The Development Authority or Subdivision Authority shall refer any Development
Permit application, Subdivision Application, and redistricting application in
accordance with the following Table 8:
T A B L E 8 . A P P L I C A T I O N R E F E R R A L S A N D P U B L I C N O T I F I C A T I O N .
MANDATORY REFERRAL
REFERRAL DESCRIPTION
Alberta Transportation and
Economic Corridors
Within 800.0 m (0.5 mi) of a highway centre line:
Development Permit Applications
Within 1.6 km (1.0 mi) of a highway centre line:
Subdivision Applications
Redistricting Applications
Brazeau County
In accordance with the Intermunicipal
Development Plan
Other Mandatory Referrals
In accordance with any required referrals
identified in the MGA and regulations thereunder.
11.4.2.
Given the nature and location of the application, the Town may, at their discretion,
refer Development Permit applications, Subdivision Applications, and redistricting
applications to the following agencies:
a. The department responsible for regulating the transportation network in Alberta.
b. The department responsible for regulating the oil and gas industry in Alberta;
c. The department responsible for regulating the environment and parks in Alberta;
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d. The department(s) responsible for regulating critical wildlife, vegetation, and
physical environments;
e. The department responsible for regulating the health and protection of citizens in
Alberta; and
f. Any other agency the Development Authority deems appropriate.
g. Comments received during the referral and public notification process may inform
the Development Authority or Subdivision Authority's decision.
11.4.3.
The Development Authority shall have regard for the Town's Public Consultation and
Communication Policy and follow the requirements in the Development Notices to the
Public Policy when processing Development Permit applications.
11.4.4.
The Development Authority shall provide the following public notice(s) of a
Development Permit Application (Table 9):
T A B L E 9 . P U B L I C N O T I C E O F A D E V E L O P M E N T P E R M I T A P P L I C A T I O N .
APP ROVAL
O F A:
NOTI CE T O
SU RR OU N DING
LAN DOWN ER S
PRI OR T O
DE CISI ON
NOTI CE
PUB LIS HE D
ON
TO WN' S
WE BSIT E
PRI OR T O
DE CISI O N
CO UN CIL
ME ETING
RE QUI RE D
NOTI CE T O
SU RR OU N DING
LAN DO WN ER S
AFT ER
DE CISI O N
NOTI CE
PUB LIS HE D
ON T O WN
WE BSIT E
AFT ER
DE CISI O N
Permitted
Use
No
No
No
No
No
Variance <
10% for
Permitted or
Discretionary
Use
No
No
No
No
No
Variance >
10% for
Permitted or
Discretionary
Use
Yes
Yes
No
Yes
Yes
Variance
Referred to
Council for
Permitted or
Discretionary
Use
Yes
Yes
Yes
Yes
Yes
Discretionary
Use
Yes
Yes
No
Yes
Yes
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APPROVAL
OF A:
NOTICE TO
SURROUNDING
LANDOWNERS
PRIOR TO
DECISION
NOTICE
PUBLISHED
ON
TOWN'S
WEBSITE
PRIOR TO
DECISION
COUNCIL
MEETING
REQUIRED
NOTICE TO
SURROUNDING
LANDOWNERS
AFTER
DECISION
NOTICE
PUBLISHED
ON TOWN
WEBSITE
AFTER
DECISION
Discretionary
Use or
Applications
in a Direct
Control
District
Referred to
Council
Yes
Yes
Yes
Yes
Yes
11.5
Development Permit and Decisions
11.5.1.
The Development Authority shall review each Development Permit application and
determine its compliance with this Bylaw. When a Development Permit application
includes a Variance request or Discretionary Use, the Development Authority shall
assess the application based on criteria in accordance with the MGA and may decide
to issue a Development Permit, with or without conditions, if in the opinion of the
Development Authority:
a. The proposed development would not unduly interfere with the amenities of the
neighbourhood, or materially interfere with or affect the use, enjoyment, or value
of neighbouring lots of land; and
b. The proposed development conforms with the use prescribed for that land or
building in the land use Bylaw.
11.5.2.
The Development Authority shall make a decision on Development Permit
applications within forty (40) days of when the application has been deemed
complete in accordance with subsection 11.3 'Completeness of Applications', or such
later date as agreed to in writing between the Development Authority and applicant.
11.5.3.
When making the decision on a Development Permit application, the Development
Authority may approve the application unconditionally, approve the application with
conditions, approve the Development Permit application indefinitely or for a limited
period of time, or refuse the application.
11.5.4.
As a condition of a Development Permit approval, including a Variance, the
Development may impose conditions as follows:
a. Conditions to ensure compliance with this Bylaw;
b. Conditions requiring adherence with plans that have been submitted as part of the
application;
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c. Conditions requiring preparation of reports or studies, conditions relating to
adherence to the recommendations of reports obtained or provided relating to the
application, and conditions related to mitigating the impacts identified through the
assessment process;
d. Conditions requiring adherence to applicable Town policies or procedures;
e. Conditions requiring a site to be fenced during construction;
f. Conditions outlining hours of operation, limiting hours of operation, and/or
mitigation of noise and other nuisances;
g. Conditions requiring the applicant to pay an off-site levy or any other cost
contribution fee or levy applicable to the development;
h. Conditions requiring the applicant to enter into and register a restrictive covenant
and/or encroachment agreement;
i.
Conditions requiring the applicant to repair municipal improvements that may be
damaged as a result of the development;
j.
If a Variance is granted, conditions to mitigate the impacts of the Variance; and
k. For a Discretionary Use with or without a Variance, any conditions as deemed
appropriate, so long as they serve a planning objective.
11.5.5.
As a condition of a Development Permit approval, including a Variance, the
Development Authority may require that the applicant enters into an agreement with
the Town to do any or all of the following:
a. Construct or pay for the construction of a pedestrian walkway system to serve the
development, or 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;
b. Construct or pay for the construction of a road, lane, or both required to give
access to the development;
c. Construct or pay for the construction of off-street or other parking facilities, and
loading and unloading facilities;
d. Install or pay for the installation of municipal infrastructure or public utility that is
necessary to serve the development, whether or not the municipal infrastructure
or public utility is, or will be, located on the land that is the subject of the
development;
e. Pay for all or a portion of the cost of an improvement constructed or paid for in
whole or in part by the Town at any time prior to the date of approval of the
Development Permit, or construct or pay for all or a portion of an improvement
with an excess capacity;
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f. Pay an off-site levy or any other cost contribution fee or levy applicable to the
development imposed by bylaw;
g. Provide security to ensure that the terms of an agreement noted are carried out;
and
h. Repair municipal improvements that may be damaged as a result of the
development.
11.5.6.
The Development Authority shall not approve a Development Permit application that
does not comply with an applicable Fundamental Use Criteria.
11.5.7.
The Development Authority shall not approve a Development Permit application
without the applicant demonstrating they can safely connect a sanitary facility that
meets provincial standards.
11.5.8.
The Development Authority shall not approve a Development Permit application until
the Development Authority is satisfied that water supplies are of sufficient quality and
quantity to support existing and proposed development, which may also include on-
site water storage to meet the development's fire suppression requirements.
11.5.9.
A Development Permit application shall not be approved unless the lot where the
development is proposed to take place has direct access to a road that meets the
municipality's standards.
11.5.10.
If the Development Authority refuses a Development Permit application, the decision
shall contain reasons for the refusal.
11.5.11.
If the Development Permit application is refused, the Development Authority will not
accept the same Development Permit application for at least six (6) months following
the decision, unless the proposal complies with all requirements of this Bylaw.
11.6 Deemed Refused
11.6.1.
An application for a Development Permit shall be deemed to be refused in the
following circumstances:
a. Outstanding information requested as part of subsection 11.3 'Completeness of
Applications' is not submitted by the applicant within the time identified by the
Development Authority; or
b. The Development Authority does not decide on a Development Permit within the
forty (40) day "Review Period" under subsection 11.5 'Development Permit and
Decisions'; or
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c. The Development Authority does not decide on a Development Permit within the
alternative review period stated within a written "Time Extension Agreement" as
described under subsection 11.10 'Validity of Development Permits'.
11.6.2.
If the Development Authority does not make a decision within forty (40) days, the
Development Permit application is deemed refused, unless an extension has been
agreed to in writing by both the applicant and the Development Authority, alignment
with subsection 11.10 'Validity of Development Permits'.
11.7 Encroachment Agreements
11.7.1.
If an applicant applies for a Development Permit for a building or structure that
encroaches on property owned or controlled by the Town, the Development
Authority may, as a condition of approval, require the applicant to enter into an
encroachment agreement and register a caveat under the Land Titles Act, in respect
of any encroachment with the register owner against the certificate of title for the
land that is the subject of the development.
11.7.2.
Where the Town registers a caveat under subsection 11.7.1, the Town will discharge the
caveat when the encroachment has been removed or by an order of a court.
11.8 Development Permit Decision Notices
11.8.1.
A notice for decision made by the Development Authority for a Development Permit
application shall be provided in accordance with the following:
T A B L E 1 0 . D E V E L O P M E N T P E R M I T D E C I S I O N N O T I C E S .
NOTICE TYPE
FORM OF NOTICE
Permitted Uses that comply
with this Bylaw or may be
made to do so by approval
conditions
- Notice of the decision and Development Permit
immediately issued to the applicant through
ordinary or electronic mail, whichever the
applicant indicates on their application.
Permitted Uses approved
with Variances
- Notice of the decision is immediately sent to
the applicant through ordinary or electronic
mail, whichever the applicant indicates on their
application.
- Abutting landowners are notified in writing of
the decision.
- Decisions shall be posted on the Town's
website, and in the discretion of the
Development Authority may be posted in the
newspaper or other publication operating in the
area of the municipality where the land is
located.
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NOTICE TYPE
FORM OF NOTICE
- Twenty-one (21) day appeal period.
- Development Permit issued if no appeals are
received.
Accessory buildings/uses to
an already approved
Discretionary Use
- Notice of the decision is immediately sent to
the applicant through ordinary or electronic
mail, whichever the applicant indicates on their
application.
- Abutting landowners are notified in writing of
the decision.
- Decisions shall be posted on the Town's
website, and in the discretion of the
Development Authority may be posted in the
newspaper or other publication operating in the
area of the municipality where the land is
located.
- Twenty-one (21) day appeal period.
- Development Permit issued if no appeals are
received.
Discretionary Uses
- Notice of the decision is immediately sent to
the applicant through ordinary or electronic
mail, whichever the applicant indicates on their
application.
- Abutting landowners within 30.0 m, measured
from all corners of the lot are notified in writing
of the decision.
- Decisions shall be posted on the Town's
website, and in the discretion of the
Development Authority may be posted in the
newspaper or other publication operating in the
area of the municipality where the land is
located.
- Twenty-one (21) day appeal period.
- Development Permit issued if no appeals
received.
Refused Applications
- Notice of the decision is immediately sent to
the applicant through ordinary or electronic
mail, whichever the applicant indicates on their
application, outlining reason(s) for the refusal.
Incomplete Applications
- Notice of the decision is immediately sent to
the applicant through ordinary or electronic
mail, whichever the applicant indicates on their
application, outlining reason(s) for the refusal
and/or the missing or incomplete information.
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11.8.2.
The date on which notice of the decision of the Development Authority is published
on the Town's website pursuant to subsection 11.8.1 of this Bylaw shall be the date on
which notice of issuance of the Development Permit is issued in accordance with this
Bylaw for the purposes of determining the final date on which an appeal may be
made to the SDAB by affected persons other than the applicant.
11.8.3.
A copy of the Development Authority's decision shall be sent to any authority, agency
or person consulted in accordance with subsection 11.4 'Application Referrals and
Public Notification'.
11.8.4.
Applicants shall have twelve (12) months to start the development indicated on their
approved Development Permit and two (2) years to complete the development
indicated on their approved Development Permit, from the date the Development
Permit was issued. Failure to meet these timeframes will result in the Development
Permit being void unless the Development Authority grants an extension.
11.9 Securities for Development Applications
11.9.1.
The Town may require the applicant to provide security in the form of an Irrevocable
Letter of Credit or a bank draft or certified cheque from a recognized Canadian
Financial Institution, to ensure completion of work in association with the conditions
of a Development Permit, a development agreement, and/or any other case where
the Development Authority deems security is required to ensure the work is carried
out in a timely manner and to the satisfaction of the Development Authority. Where
security is required in connection with conditions of a Development Permit or a
development agreement:
a. The security shall be of a value equivalent to one hundred percent (100%) of the
cost of the applicable landscaping, site grading, paving, onsite and offsite
infrastructure necessary for development.
b. The applicant must provide a quote from a contractor constructing the works or a
registered professional who prepared the construction plans, which is subject to
review and verification by the Development Authority, and quoted costs shall be
valid for the required work.
c. The security may be used by the Town to undertake completion of any work not
completed within one (1) year of the date of building completion or building
occupancy, whichever comes first, or such other time as provided for in a
development agreement.
d. The applicant may provide a written request to reduce the amount of security for
onsite or offsite infrastructure based on a revised cost estimate of the remaining
works to be completed and any remaining deficiencies. The security may be
reduced to ten percent (10%) of the outstanding work at the discretion of the
Development Authority.
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e. The security shall be released to the applicant, upon written request, once an
inspection of the site demonstrates to the satisfaction of the Development
Authority that all works in the agreement have been completed. The inspection
shall take place within two (2) weeks of the date of the written request.
f. The terms and conditions pertaining to security may be modified by a
development agreement.
11.9.2.
The Town may register a caveat under the Land Titles Act in respect of a
development agreement against the certificate of title for the land that is the subject
of the development.
11.9.3.
Where the Town registers a caveat with respect to a development agreement, the
Town will discharge the caveat when the agreement has been complied with.
11.9.4.
Notwithstanding subsections 11.9.1 - 11.9.3, refer to subsection 6.11 'Excavation,
Stripping, and Grading' and subsection 8.3 'Landscaping Securities' for specific
requirements related specifically to landscaping.
11.10 Validity of Development Permits
11.10.1.
A Development Permit will come into effect only after:
a. The time for appeal to the Subdivision and Development Appeal Board has
expired; or
b. Where there is an appeal of the decision, and the Subdivision and Development
Appeal Board has rendered its decision confirming the approval of the
Development Permit.
11.10.2.
A Development Permit expires and is deemed void if the development is not
commenced within twelve (12) months from the effective date of approval.
11.10.3.
The Development Authority may extend the period for commencement of a
development one (1) time for up to twelve (12) additional months if an application for
extension is received from the Development Permit holder before the Development
Permit expires.
11.10.4.
A Development Permit remains in effect indefinitely, unless:
a. The applicant fails to proceed with development within twelve (12) months of
effective date of approval; or
b. The applicant fails to abide by Development Permit conditions; or
c. A condition of the Development Permit specifies a time limit on the duration of
development approval; or
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d. Where superseded by a subsequent Development Permit.
11.10.5.
Further to subsection 11.10.4, the Development Authority may pursue action under
Section 14 'Enforcement and Penalties' to ensure compliance with the approved
Development Permit or conditions.
11.11 Development Permit Revisions
11.11.1.
Applicants may revise their Development Permit applications at any time before the
Development Authority circulates the application to the appropriate authorities for
comments. If the applicant requests revisions to the application after it has been
circulated, the Development Authority shall determine if the application must be
recirculated to the appropriate authorities to provide the opportunity to comment on
the revision before a decision is made.
11.11.2.
If the revised Development Permit application is minor or if the original Development
Permit that was issued for the dwelling, attached garage, and driveway resulted from
the submission of a supported stormwater management plan to allow increased lot
coverage, it shall not require additional public notice.
11.11.3.
If the revisions to the Development Permit application are substantial or requested
due to a change in ownership, tenancy, or occupancy, the Development Authority
may require additional public notice, and may request supplemental information and a
reapplication fee to be provided by the applicant to process the revised application.
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12. Procedure for Subdivision
12.1 Subdivision Applications
12.1.1.
Subdivision Applications shall be completed and submitted to the Subdivision
Authority either in writing or electronically using the designated Subdivision
Application form.
12.1.2.
All Subdivision Applications must comply with the minimum requirements outlined in
the latest version of the Town of Drayton Valley's General Municipal Servicing
Standards. Applications must include the following mandatory requirements:
a. A complete Subdivision Application form signed by the landowner(s) or an
authorized agent;
b. Permission for reasonable right-of-entry by Town staff for site inspection;
c. A current Certificate of Title dated within thirty (30) days prior to the application
date;
d. The location of existing and abandoned well and battery sites, or a declaration
stating that none are present;
e. A site plan, to scale and in metric units, indicating the location, dimensions, and
boundaries of the lot to be subdivided;
f. A tentative plan of subdivision showing the proposed lot(s) to be registered in a
Land Titles Office;
g. A site plan indicating the location, dimensions, and boundaries of:
i.
Every new lot to be created;
ii. Municipal and environmental reserves;
iii. Easements and utility rights-of-way;
iv. Internal roadways;
v. Land uses;
vi. Water and wastewater servicing;
vii. Stormwater servicing;
viii. Existing and proposed access to the proposed lots and the remainder of the
titled area;
135
ix. The approximate location and boundaries of the bed and shore of any body of
water that is contained within or bounds the proposed lot of land;
x. The location of buildings and their support infrastructure, if applicable, and
specifying those buildings that are proposed to be demolished or moved; and
h. Payment of all applicable fees.
12.2 Complete Subdivision Applications
12.2.1.
The Subdivision Authority shall review all Subdivision Applications and determine
within twenty (20) days whether the application is complete, in accordance with the
information requirements of this Bylaw and the MGA.
12.2.2.
A Subdivision Application is considered complete if it contains all the information
listed in subsection 12.1 'Subdivision Applications'.
12.2.3.
If the Subdivision Authority does not make a decision on completeness within twenty
(20) days and no time extension has been agreed upon, the Subdivision Application
shall be deemed complete.
12.2.4.
The Subdivision Authority shall notify the applicant by electronic or standard mail
within twenty (20) days if the Subdivision Application is considered complete.
12.2.5.
Upon acknowledging completeness under the MGA, the Subdivision Authority must
provide a copy of the application to the relevant government departments, persons,
and local authorities as required by the Matters Related to Subdivision and
Development Regulation and notify adjacent landowners by mailing notices and
posting in the local newspaper and on the Town's website.
12.2.6.
In accordance with the MGA, additional information or documentation necessary for
reviewing a Subdivision Application may be required from the applicant during the
application review.
12.2.7.
Notwithstanding subsection 12.2.5, the Subdivision Authority is not required to notify
owners of adjacent lands if the land in question is within an Area Structure Plan or
Outline Plan that has already undergone a public hearing.
12.3 Incomplete Subdivision Applications
12.3.1.
If an application is incomplete, the Subdivision Authority shall issue a letter to the
applicant listing the outstanding documents and information required to complete the
application within a specified timeframe.
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12.3.2.
If the applicant does not submit all required information within the specified
timeframe outlined in subsection 12.3.1, the application will be deemed refused.
12.3.3.
Once the outstanding documents and information are submitted and reviewed, the
Subdivision Authority shall send written confirmation to the applicant that the
application is complete.
12.3.4.
In accordance with the MGA, additional information or documentation necessary for
reviewing a Subdivision Application may be required from the applicant during the
course of the file review.
12.3.5.
If a Subdivision Application is deemed incomplete due to the applicant's failure to
provide the required information within the agreed timeframe, the application shall be
refused with reasons unless the applicant has previously requested, in writing, to
withdraw the application or agreed to an extension in writing.
12.4 Subdivision Application Referrals
12.4.1.
The Subdivision Authority shall refer Subdivision Applications in alignment with the
MGA and the Matters Related to Subdivision and Development Regulation, as
amended from time to time.
12.4.2.
After twenty-one (21) days from the date of referral to authorities, agencies, or
landowners, the Subdivision Authority may decide on the Subdivision Application,
regardless of whether comments have been received.
12.4.3.
The Subdivision Authority is not required to refer a Subdivision Application to any
agency listed in the Matters Related to Subdivision and Development Regulation if the
subdivision falls within an approved Area Structure Plan or Conceptual Scheme
previously referred to those agencies.
12.5 Subdivision Decision Time Period
12.5.1.
If the Subdivision Authority fails to make a decision on a Subdivision Application
within sixty (60) days of acceptance, the applicant may, within fourteen (14) days
after the sixty (60) day period expires:
a. Enter into an agreement with the Subdivision Authority to extend the period
beyond sixty (60) days; or
b. Treat the application as "deemed refused" and file an appeal.
12.5.2.
If the Subdivision Application is refused, the Subdivision Authority shall not accept a
new application for the same lands for six (6) months following the decision.
137
12.6 Subdivision Application Decisions
12.6.1.
The Subdivision Authority shall receive, consider, and make decisions on all
Subdivision Applications for the Town.
12.6.2.
The Subdivision Authority shall assess Subdivision Applications in accordance with
the MGA and the regulations in this Bylaw.
12.6.3.
The Subdivision Authority must not approve a Subdivision Application unless:
a. The land proposed for subdivision is, in the opinion of the Subdivision Authority,
suitable for the intended purpose;
b. The proposed subdivision conforms to the provisions of this Bylaw, the Municipal
Development Plan, and any other applicable statutory plans;
c. The proposed subdivision complies with the MGA, and the regulations thereunder;
and
d. All outstanding property taxes on the land proposed for subdivision have been
paid or satisfactory arrangements for payment have been made with the Town.
12.6.4.
In its decision, the Subdivision Authority may:
a. Approve an application with or without conditions;
b. Refuse the application; or
c. Deem the application refused if the applicant fails to submit all outstanding
information and documents by the specified deadline.
12.6.5.
When making its decision, the Subdivision Authority must indicate whether an appeal
can be made to the Subdivision and Development Appeal Board (SDAB) or the Land
and Property Rights Tribunal. If the application is refused, the reasons for refusal must
be provided in writing.
12.6.6.
The Subdivision Authority may approve a Subdivision Application even if it does not
comply with the Land Use Bylaw if, in its opinion:
a. The proposed subdivision would not unduly interfere with the amenities of the
neighbourhood; or
b. Materially interfere with or affect the use, enjoyment, or value of neighbouring lots;
and
c. The proposed subdivision conforms with the prescribed use for that land in this
Bylaw.
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12.6.7.
The Subdivision Authority may impose conditions on a Subdivision Application
approval as deemed appropriate and as provided for under the MGA, the Matters
Related to Subdivision and Development Regulation, as amended from time to time,
or this Bylaw.
12.6.8.
As a condition of Subdivision Application approval, the Subdivision Authority may
require the applicant to enter into an agreement with the Town to do any or all of the
following:
a. Construct or pay for the construction of a road required to access the subdivision;
b. Construct or pay for the construction of a pedestrian walkway system to serve the
subdivision or connect it to an adjacent subdivision;
c. Install or pay for the installation of municipal infrastructure or public utilities
necessary to serve the development;
d. Pay for all or a portion of the cost of an improvement constructed or paid for by
the Town prior to the Subdivision Application approval;
e. Construct or pay for the construction of off-street or other parking and loading
facilities;
f. Pay an off-site levy or any other cost contribution fee or levy; or
g. Provide security to ensure the obligations in the agreement are carried out.
12.6.9.
A Subdivision Application that creates a new lot or boundary adjustment where an
existing dwelling or other activity requires on-site servicing shall not be approved
unless the Subdivision Authority is satisfied that adequate sanitary servicing can be
provided on-site.
12.6.10.
A Subdivision Application that creates a new lot or boundary adjustment where an
existing dwelling or other activity requires on-site water supplies must demonstrate
that sufficient quality and quantity of water are available to support the development,
which may include on-site water storage for fire suppression.
12.6.11.
A Subdivision Application shall not be approved unless the Subdivision Authority is
satisfied with the management of stormwater and that it meets the Town of Drayton
Valley's Minimum Design Standards for Development and Infrastructure Master Plans.
12.6.12.
New subdivisions shall not be permitted on land within regulated setback areas for
wastewater, sewage lagoon, or sour gas facilities unless a caveat is registered against
the title prohibiting the development of dwellings, schools, hospitals, or food
establishments.
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12.7 Securities for Subdivision Applications
12.7.1.
To ensure compliance with a subdivision agreement, the Town may require the
applicant to provide security in the form of an Irrevocable Letter of Credit or a bank
draft or certified cheque from a recognized Canadian Financial Institution, to
guarantee the performance of obligations imposed in the agreement.
12.7.2.
The required security amount shall be based on a value equal to one hundred percent
(100%) of the estimated cost of constructing on-site and off-site infrastructure unless
specified otherwise in the agreement. Cost estimates are subject to review and
verification by the Subdivision Authority, and quoted costs must be valid for the
required work.
12.7.3.
The Town may draw upon securities if the required works are not completed in
accordance with the agreement's conditions.
12.7.4.
The terms and conditions pertaining to security may be modified by a subdivision
agreement.
12.7.5.
The Town may register a caveat under the Land Titles Act in respect of an agreement
under this section against the certificate of title for the land that is the subject of the
subdivision agreement.
12.7.6.
Where the Town registers a caveat with respect to a subdivision agreement, the Town
will discharge the caveat when the agreement has been complied with.
12.8 Subdivision Application Approval Time Extensions
12.8.1.
Council delegates the power to the Subdivision Authority to extend time periods
related to Subdivision Application approvals as follows:
a. A Subdivision Application approval for a use that remains compatible with
adjacent land uses and continues to conform to this Bylaw may be extended in
one (1) year increments, up to a maximum of five (5) years from the original
approval date;
b. A Subdivision Application approval extension may be granted once without
reviewing conditions. No more than four additional extensions may be granted,
subject to the applicant showing substantial completion of the majority of the
conditions. After three extensions, the applicants are subject to any amended
policies;
c. A Subdivision Application approval where the use resulting from the subdivision
would conflict with adjacent land uses or no longer conforms to this Bylaw must
not be extended; and
140
d. A Subdivision Application approval granted five (5) years from the original
approval date may not be extended.
12.9 Approved Subdivision Endorsement Time Period
12.9.1.
The plan of subdivision or instrument must be submitted to the Subdivision Authority
for endorsement within one year of the Subdivision Application approval date or by
the time prescribed by the Subdivision Authority beyond one (1) year; otherwise, the
Subdivision Application approval is void.
12.9.2.
The plan of subdivision or instrument must be submitted to the Land Titles Office for
registration within one year from the time of endorsement or by the time prescribed
by Council beyond one year; otherwise, the Subdivision Application approval and
endorsement are void.
12.9.3.
The Subdivision Approval Authority may grant not more than one extension, to a
maximum of five (5) years, of the period referred to in subsection 12.9.2.
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13. Development and Subdivision Appeal
Process
13.1 Appeal Authority
13.1.1.
In this Bylaw, the Appeal Authority is the Subdivision and Development Appeal Board
as established by Bylaw No. 2018/03/D and amending Bylaw No. 2019, in accordance
with the MGA, or the Land and Property Rights Tribunal, as determined by the MGA,
all as amended or replaced from time to time.
13.2 Procedure for Development Permit, Subdivision, and
Stop Order Appeals
13.2.1.
Development Permit, Subdivision, and Stop Order Appeals shall be made to the
Appeal Authority in accordance with the MGA and consistent with the applicable
procedures of the Subdivision and Development Appeal Board or the Land and
Property Rights Tribunal.
13.2.2.
Fundamental Use Criteria are not subject to appeals.
D E V E L O P M E N T P E R M I T A P P E A L S
13.2.3.
If the Development Authority (i) fails or refuses to issue a Development Permit to a
person, or (ii) issues a Development Permit subject to Conditions, the decision of the
Development Authority may be appealed by the applicant. In addition to the
applicant, any person affected by an order, decision or Development Permit made or
issued by the Development Authority may appeal the decision.
13.2.4.
A Development Permit appeal shall be made by serving a written "Notice of Appeal",
containing reasons for the appeal, to the Appeal Authority as specified in the MGA:
a. In the case of an appeal made by the applicant, within twenty-one (21) calendar
days after:
i.
The date on which the decision of the Development Permit was made; or
ii. If no decision is made with respect to the application within the forty (40)
calendar day period or within any extension of this time limit, the date the
period or extension expires; or
b. In the case of an appeal made by any other person other than the applicant, within
twenty-one (21) calendar days after the date on which the notice of the approval
of the Development Permit was published on the Town's website.
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13.2.5.
No appeal may be made in respect of the issuance of a Development Permit for a
Permitted Use unless the provisions of this Bylaw were relaxed, varied, or
misinterpreted.
13.2.6.
No appeal may be made in respect of a decision of Council for a Development Permit
in a Direct Control District.
S U B D I V I S I O N A P P E A L
13.2.7.
An appeal with regard to a Subdivision Application may be made by the following:
a. The applicant of a Subdivision Application if the Subdivision Authority:
i.
issues a Subdivision Application approval subject to conditions;
ii. refuses a subdivision with reasons;
iii. fails to make a decision with respect to an application within sixty (60) days of
receipt of a complete application if the application was referred to external
agencies, or in twenty-one (21) days if it was not referred to external agencies,
or within such longer period as the applicant may have approved in writing; or
b. Any provincial department that required referral by the Matters Related to
Subdivision and Development Regulation or a local school board.
13.2.8.
A subdivision appeal shall be made by serving a written "Notice of Appeal",
containing reasons for the appeal, to the Appeal Authority as specified in the MGA:
a. Within fourteen (14) calendar days after:
i.
receipt of the Notice of Decision; or
ii. if no decision is made with respect to the application within the sixty (60)
calendar days or within any extension of this time limit referred to under
subsection 13.2.7.a.iii, the date the period or extension expires; or
iii. in accordance with the MGA, the date of receipt of the decision is deemed to
be seven (7) calendar days from the date the decision is mailed.
S T O P O R D E R A P P E A L
13.2.9.
An appeal with regard to a Stop Order made under the MGA and subsection 14.3
'Stop Orders and Enforcement' of this Bylaw may be made by the following:
a. The person(s) who received the Order; or
b. Any person affected by the Order.
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13.2.10.
A Stop Order appeal shall be made by serving a written "Notice of Appeal",
containing reasons for the appeal, to the Appeal Authority within twenty-one (21)
calendar days after the date on which the Order was made, in accordance with the
MGA.
13.3 Persons to be Heard at the Hearing
13.3.1.
At the hearing of a Development Permit appeal, the Appeal Authority must hear:
a. The appellant or any person acting on behalf of the appellant;
b. A municipality or any of those to whom the application was referred in accordance
with this Bylaw and the MGA;
c. The Development Authority from whose order, decision, or Development Permit
the appeal is made, or the person acting on their behalf; and
d. Any other person who claims to be affected and that the Subdivision and
Development Appeal Board agrees to hear or someone acting on that person's
behalf.
13.4 Appeal Decision
13.4.1.
In determining a Development Permit appeal, the Appeal Authority:
a. Shall comply with the provincial land use policies;
b. Must comply with applicable land use policies and statutory plans, in alignment
with the MGA; and
c. Must comply with any land use policies and Bylaw in effect in alignment with the
MGA.
d. Must comply with the applicable requirements of the regulations under the
Gaming, Liquor and Cannabis Act respecting the location of premises described in
a cannabis licence and distances between those premises and other premises;
e. May confirm, revoke, or vary the order, decision, or Development Permit or any
condition attached to it, or may make or substitute an order, decision, or
Development Permit of its own;
f. May make an order or decision or issue or confirm the issuance of a Development
Permit even though the proposed development does not comply with this Bylaw
if, in its opinion, the proposed development conforms with the prescribed use for
the land or building as defined in this Bylaw, and would not:
i.
unduly interfere with or affect the use, enjoyment, or value of neighbouring
properties; or
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ii. materially interfere with or affect the use, enjoyment, or value of neighbouring
properties.
13.4.2.
The Appeal Authority must give its decision in writing, together with reasons for the
decision, within fifteen (15) days of concluding the hearing.
13.5 Court of Appeal
13.5.1.
In accordance with the MGA, an appeal lies to the Court of Appeal on a question of
jurisdiction or law with respect to a decision of the Appeal Authority.
13.5.2.
An application for permission to appeal in accordance with subsection 13.5.1 must be
filed and served within thirty (30) days after the issuance of the decision sought to be
appealed, and notice of the application must be given to:
a. The Town;
b. The Subdivision and Development Appeal Board; and
c. Any other person(s) that the judge directs.
14. Enforcement and Penalties
14.1 Compliance or Complaint Inquiry
14.1.1.
When the Development Authority receives a complaint, an inquiry or has reason to
believe that a development, land use, or use of a building, is not in accordance with
this Bylaw, a Development Permit, or a subdivision approval, the Development
Authority may issue in writing a compliance inquiry letter to the owner, the person in
possession of the land or building, or the person responsible for the contravention, or
any or all of them, stating the nature of the contravention and requesting consent to
conduct an inspection to confirm compliance.
14.1.2.
Issuance of a compliance inquiry letter is not required before commencing any other
enforcement action under this Bylaw, the MGA, or at all.
14.2 Warning Notice
14.2.1.
When the Development Authority reasonably believes that a development, land use,
or use of a building, is not in accordance with this Bylaw, a Development Permit, or a
subdivision approval, the Development Authority may issue in writing a warning
notice to the owner, the person in possession of the land or building, or the person
responsible for the contravention, or any or all of them, stating:
a. The nature of the contravention;
b. The corrective measures required to remedy the contravention;
c. The time within which such corrective measures must be performed; and
d. The fine amount for the offence of failing to comply with a warning notice
established by this Bylaw.
14.2.2.
Issuance of a warning notice is not required before commencing any other
enforcement action under this Bylaw, the MGA, or at all.
14.3 Stop Order and Enforcement of Stop Order
14.3.1.
Despite an Enforcement Order to remedy contraventions under the MGA, the
Development Authority may pursue a Stop Order under the MGA.
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14.3.2.
Pursuant to the MGA, if the Development Authority finds that a development, land
use, or use of a building, is not in accordance with this Bylaw, a Development Permit,
or a subdivision approval, the Development Authority may, by written notice, order
the owner, the person in possession of the land or building, or the person responsible
for the contravention, or any or all of them, to do any of the following within the time
set out in the notice:
a. Stop the development or use of the land or building in whole or in part as directed
by the notice;
b. Demolish, remove, or replace the development; or
c. Carry out any other actions required by the notice for compliance.
14.3.3.
The written notice issued under subsection 14.3.2:
a. Must specify the date on which the Order was made;
b. Must contain any other information required by the MGA; and
c. Must be given or sent to the person or persons referred to in section 14.3.2 on the
same day the decision is made.
14.3.4.
Subject to the MGA, if the Development Authority issues an order under subsection
14.3.2, the person who is affected by the Order may appeal the Order in the notice
following subsections 13.2.9 and 13.2.10 of this Bylaw.
14.3.5.
Under the MGA, if a person fails or refuses to comply with the Order of the
Development Authority or an Order of the Subdivision and Development Appeal
Board or Land and Property Rights Tribunal, the Development Authority may enter
on the land or building and take any action necessary to carry out the Order.
14.3.6.
The Town may register a caveat under the Land Titles Act in respect of an Order
referred to in subsection 14.3.2 against the certificate of title for the land that is the
subject of the Order. If the Town registers a caveat, the Town shall discharge the
caveat when the Order has been complied with.
14.3.7.
Under the MGA, the Town may add to the tax roll of the land that is the subject of an
Order referred to in subsection 14.3.2 the Town's expenses and costs of carrying out
the Order.
14.4 Right of Entry and Authority to Enforce
14.4.1.
Under the MGA, the Development Authority or a designated Peace Officer may enter
into or upon any land or structure that is subject to the compliance inquiry, notice or
Order after giving reasonable notice to the owner or occupant of land or the
structure to be entered to carry out the inspection, remedy, enforcement or action,
where:
a. Reasonable notice is a minimum of forty-eight (48) hours to the owner or
occupant of the property;
b. The property is entered at reasonable hours, specifically between 8:00 AM to 6:00
PM for residential properties and between 8:00 AM to 10:00 PM for non-residential
properties; or
c. In an emergency, or extraordinary circumstances, the Development Authority or
designated Peace Officer need not give reasonable notice or enter at a reasonable
hour and may do things referred to above without the consent of the owner or
occupant of land or the structure.
14.5 Offences and Fines
14.5.1.
Any person who contravenes, or causes or allows a contravention of, any provision of
this Bylaw, a Development Permit, a condition of a Development Permit, a subdivision
approval, or a decision of the Subdivision and Development Appeal Board or Land
and Property Rights Tribunal (including as such decision is denied or upheld by the
Alberta Court of Appeal or the Supreme Court of Canada) is guilty of an offence.
14.5.2.
Any person who commences or carries on or causes or allows to be commenced or
carried on, a development or use unless a Development Permit has been issued for
such development or use is guilty of an offence.
14.5.3.
Any person who fails to comply with a warning notice or a Stop Order issued under
this Bylaw is guilty of an offence.
14.5.4.
Any person who obstructs or hinders any person in the exercise or performance of
that person's powers under this Bylaw is guilty of an offence.
14.5.5.
A person who is guilty of an offence under this bylaw is liable to a fine in the amount
specified below in Table 11.
T A B L E 1 1 . O F F E N C E S A N D F I N E S .
OFFENCE
FIRST
OFFENCE
SECOND
OFFENCE
Commencing development without a
Development Permit
Double Permit
Fee
Double Permit
Fee
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OFFENCE
FIRST
OFFENCE
SECOND
OFFENCE
Failure to obtain a Development Permit
$500
$750
Failure to comply with Development Permit
Conditions
$500
$750
Failure to comply with District Regulations
$500
$750
Failure to obtain a Signage Development
Permit
Double Permit
Fee
$250
14.5.6.
A person who is found guilty of an offence under this Bylaw and does not pay the
fine is liable to imprisonment for not more than one year, or to both fine and
imprisonment.
14.5.7.
A subsequent offence means an offence committed by a person after that person has
already been convicted of the same offence or has voluntarily paid a fine for the same
offence.
14.5.8.
In the case of an offence that is continuing, a contravention constitutes a separate
offence in respect of each day, or part of a day, on which it continues and a person
guilty of such offence is liable to a fine for each such day.
14.5.9.
Nothing in this Bylaw diminishes or in any way affects the:
a. Provisions of the MGA relating to offences and penalties; and
b. The rights of the Town according to the MGA or at common law to seek an entry
order, order for compliance, injunction or any other order to obtain compliance
with this Bylaw.
14.6 Issuance of a Violation Tag and Violation Ticket
14.6.1.
A violation tag may be issued for any offence under this Bylaw.
14.6.2.
A person who commits an offence may, if a violation tag is issued for the offence, pay
the fine amount established by this Bylaw for the offence and, if the full amount is
paid on or before the required date, the person will not be prosecuted for the
offence.
14.6.3.
A Peace Officer on behalf of the Development Authority may issue and serve a
violation tag on any person the Development Authority has reasonable and probable
grounds to believe has contravened a provision of this Bylaw by:
a. Personally serving the violation tag on the person; or
b. Sending the violation tag to the person by registered mail.
14.6.4.
A violation tag must be in the form approved by the Town and must state:
a. The name of the person to whom the violation tag is issued;
b. The particulars of the contravention of this Bylaw;
c. The fine amount for the offence established by this Bylaw;
d. That the fine must be paid within thirty (30) days of the issuance of the violation
tag in order to avoid prosecution;
e. The method by which the fine must be paid; and
f. Any other information as may be required by a designated Peace Officer on behalf
of the Development Authority.
14.6.5.
If a violation tag has been issued and the specified fine on the violation tag has not
been paid within the prescribed time, a Peace Officer may issue a violation ticket to
the person to whom the violation tag was issued.
14.6.6.
A Peace Officer may, in the Peace Officer's sole discretion, elect to issue and serve a
violation ticket without a violation tag first being issued.
14.6.7.
A Peace Officer may issue a violation ticket pursuant to the Provincial Offences
Procedure Act to any person the Peace Officer has reasonable and probable grounds
to believe has contravened a provision of this Bylaw.
14.7 Enforcement of Signs
14.7.1.
In addition to the enforcement provisions set out above in Section 14 'Enforcement
and Penalties', the below regulations apply to the enforcement of signs.
14.7.2.
When applicable to a sign, any references in Section 14 'Enforcement and Penalties'
of this Bylaw to 'owner' means the owner of the lot on which the sign is located.
14.7.3.
Where a sign is located on public property contrary to this Bylaw, the Development
Authority may:
a. Remove the sign without prior notice to any person; or
b. Request that the sign owner, at the sign owner's sole cost and expense, remove
the sign and restore any area disturbed or damaged because of the sign.
14.7.4.
A sign removed by the Development Authority under this Bylaw may be stored by
the Town for an impoundment period of thirty (30) days.
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14.7.5.
Despite subsection 14.7.4 above, a sign constructed of disposable materials, such as
foam core board, illustration board, poster board, or other similar material, that is
removed by the Development Authority under this Bylaw does not need to be stored
by the Town for the impoundment period and may be immediately destroyed or
disposed of by the Development Authority without prior notice to any person.
14.7.6.
During the impoundment period the sign owner may reclaim and retrieve the sign. To
reclaim and retrieve the sign the sign owner must pay the fee specified under
subsection 14.5.5.
14.7.7.
If the sign owner does not reclaim and retrieve the sign during the impoundment
period, then after the impoundment period the Development Authority will destroy or
dispose of the sign without prior notice to any person.
14.7.8.
The Town is not liable for and does not have any obligation to compensate a sign
owner or any other person for damage to a sign, loss of a sign, damages incurred due
to the removal of a sign when that sign was removed by the Development Authority
per this Bylaw.
15. Bylaw Amendment
15.1 Amendment Procedure
15.1.1.
All amendments to this Bylaw shall be made by Council by Bylaw, and following a
public hearing, in accordance with the MGA.
15.1.2.
Council may, at any time, initiate an amendment to this Bylaw affecting any lot of
land, in accordance with the MGA, without the landowner's consent.
15.1.3.
Any person may apply to amend this Bylaw by submitting an application to the
Development Authority in writing, with the required supporting documentation and
by paying the appropriate fee.
15.1.4.
If the proposed amendment to this Bylaw is contradictory to an adopted Statutory
Plan(s) or planning document, the Development Authority shall advise the applicant
that an amendment must be made to the Statutory Plan(s) or planning document
prior to, or concurrently with, the amendment to this Bylaw.
15.1.5.
Upon receipt of a complete application to amend this Bylaw, the Development
Authority shall determine when the application will be placed before Council and shall
issue at least fourteen (14) days' notice to the applicant advising that they may
appear before Council to speak to the application. An application to amend this
Bylaw shall be placed before Council on a date to be determined by the Development
Authority upon receiving the application and deeming it complete as outlined in
subsection 11.3 'Completeness of Applications'.
15.1.6.
The Development Authority shall assess a proposed redistricting by considering the
potential impact any of the uses of the District may have on the existing community
and prepare a recommendation to Council in accordance with its assessment. If there
is a potential for significant impacts arising from one of the uses and/or the
redistricting does not align with the MDP and/or other Statutory Plans, the
recommendation shall be to decline the application.
15.2 Amendment Application
15.2.1.
The Development Authority may refuse to accept an application to amend this Bylaw
if the required information has not been supplied or if the information is of inadequate
quality to properly evaluate the application.
F O R R E D I S T R I C T I N G
15.2.2.
All applications to amend Districting within this Bylaw shall use the appropriate
application form and shall include at least the following:
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a. The application fee. If the proposed amendment is adopted by Council, Council
may decide to return the application fee, in whole or in part, to the applicant;
b. A completed application form;
c. The name, physical and email address, and phone number of the applicant and the
landowner of the subject lot and a notice of who will act as the contact person for
the application;
d. A letter of authorization signed by all landowners, their agent, or other persons
having legal or equitable interest in the land, unless the application is initiated by
Council;
e. If applicable, the municipal address(es) of the subject lot(s);
f.
A copy of the Certificate of Title for the subject lot(s), issued within thirty (30)
days prior to the application date;
g. A copy of any restrictive covenant(s) or caveats registered on the Certificate of
Title;
h. A written statement from the applicant explaining the reasons for the proposed
amendment and how the amendment will not materially impact the existing
community and conforms with any relevant Statutory Plan(s) or planning
document(s);
i.
A properly dimensioned map of an appropriate scale indicating the lot(s)
proposed to have their District amended, an assessment of compatibility with
existing land uses within a 400.0 m (0.25 mi) radius of the boundaries of the lot(s)
and including any prominent geographic or natural features when required;
j.
Any other information as established by this Bylaw; and
k. Any other information or documents deemed necessary by the Development
Authority.
F O R T E X T A M E N D M E N T S
15.2.3.
An application for a text amendment to this Bylaw shall include the following:
a. A written statement from the applicant explaining the reasons for the proposed
Bylaw amendment and how the amendment conforms with relevant Statutory
Plan(s) or planning document(s), and what, if any, potential impacts on the
surrounding community;
b. The exact content of the proposed text amendment;
c. The appropriate fee as outlined in the Master Rates Bylaw, as amended from time
to time, or as otherwise determined by Council in accordance with subsection
16.1.1;
d. A description of how the proposed text amendment may affect properties or
developments of a similar nature; and
e. Any other information or documents deemed necessary by the Development
Authority.
15.3 Advertising Requirements
15.3.1.
Council may, at any time, initiate an amendment to this Bylaw. If Council wishes to
initiate an amendment to this Bylaw, then in accordance with the MGA, prior to
second reading of the amending Bylaw, the Development Authority shall:
a. Arrange for notice of the public hearing to be published in two (2) issues of a
newspaper circulating in the Town, the publication date of the second issue being
not less than five (5) days prior to the commencement of the public hearing, or by
other methods outlined in the Town's Public Consultation and Communication
Policy, containing:
i.
The purpose of the proposed amending Bylaw and the purpose of the public
hearing;
ii. The address where the proposed amending Bylaw may be inspected by the
public;
iii. An outline of the procedure to be followed by anyone wishing to file input or a
petition in respect of it, and the time, date, and place of the public hearing,
which date shall not be less than five (5) days following the second newspaper
publication date.
b. Provide notice to:
i.
The applicant (if applicable);
ii. The assessed owner(s) of the land if not the applicant;
iii. The registered owner(s) of adjacent land if the proposed Bylaw provides for a
change of District;
iv. Other landowners that may be affected by the amendment, at the discretion of
the Development Authority; and
v. Adjacent municipalities and other external agencies in accordance with
subsection 11.4 'Application Referrals and Public Notification'.
15.3.2.
The Development Authority may require that the applicant hold at least one (1) public
meeting prior to the public hearing.
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15.3.3.
Notwithstanding subsections 15.3.1 and 15.3.2, this Bylaw may be amended without
giving notice or holding a public hearing if the amendment constitutes a clerical
(which can include mapping), technical, grammatical, or typographical error or does
not materially affect this Bylaw in principle or substance, in accordance with the MGA.
15.4 Public Hearing
15.4.1.
At the Public Hearing, 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 Council; and
b. May hear any other person who wishes to make representations and whom
Council agrees to hear.
15.5 Amendment Decisions
15.5.1.
Council should assess amendments to this Bylaw based on the information contained
within any amendment application when determining if the redistricting is
appropriate. Specifically, Council should assess applications to amend this Bylaw
based on the following criteria:
a. The reasons for the amendment;
b. Alignment with the MDP and any other applicable Statutory Plan(s);
c. The potential impact on the community;
d. The potential impact on municipal infrastructure;
e. The potential impact on the environment; and
f. The potential impact on the municipality's capital, operating, and maintenance
budgets.
15.5.2.
After considering any related amendment application, and the criteria contained in
subsection 15.5.1, representations at the Public Hearing, applicable and relevant
Statutory Plans, recommendations from administration, and any other matter it
considers appropriate, Council may:
a. Approve the proposed Bylaw as it is;
b. Amend the proposed Bylaw and then approve it;
c. Refer the proposed Bylaw back to administration for further review and/or
changes, and reschedule the application for further consideration;
d. Amend the proposed Bylaw and then defeat it; or
e. Defeat the proposed Bylaw as it is.
15.5.3.
If Council defeats an amendment application for this Bylaw, another application for
the same, or substantially the same, amendment shall not be considered within six (6)
months of the date of defeat unless Council directs otherwise.
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16. Development Permit, Subdivision,
Redistricting, and Agreement Fees
16.1.1.
Council will, on an annual basis, establish by resolution, motion, or bylaw establish
permit and application fees required for this Bylaw.
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17. Definitions
17.1 Definitions
17.1.1.
Those terms and words in this Bylaw, which are defined in the MGA, have the same
meaning as expressed in the MGA.
17.1.2.
Words, phrases, and terms not defined in Part VI Glossary may be given their
definition in the MGA, the Alberta Safety Codes Act, or the Interpretation Act. Other
words shall be defined by their usual and customary meaning, or as outlined in
subsection 17.2 'General Definitions' or subsection 17.3 'Use Class Definitions'.
17.1.3.
Individual uses with common functional or physical impacts or characteristics have
been grouped into use class definitions. These use classes define the range of uses
that are either Permitted or Discretionary within the various Districts of this Bylaw.
The following guidelines shall be applied in interpreting use class definitions:
a. typical uses listed in a use class definition as examples are not intended to be
exclusive or restrictive; and
b. where a specific use does not conform to any use class definition or generally
conforms to the wording of two or more use class definitions, the Development
Authority will determine the most appropriate use class based on purpose and
character. In such a case, the use will be considered Discretionary if as a Permitted
or Discretionary Use in the appropriate District.
17.1.4.
The following words, terms, and phrases, wherever they occur in this Bylaw, shall have
the meaning assigned to them as follows:
17.2 General Definitions
TERM
DEFINITION
Abutting
means immediately contiguous to or physically touching, and when used in
respect of a lot, means that the two abutting lots share a lot lines.
Accessory Use
means a use customarily incidental and subordinate to the main use.
Addition
means adding onto an existing building, provided that there are no structural
changes to the existing building, no removal of the roof structure and no
removal of the exterior walls other than that required to provide an opening
for access from, and integration of, the existing building to the portion added
thereto and there is a common structural connection from the existing
building to the addition that includes a foundation, constructed to the
minimum standards outlined in the Alberta Building Code, and a roof.
Adjacent
means contiguous or would be contiguous if not for an easement, public
right-of-way, roadway or natural feature.
Amenity Space
means any designated outdoor or indoor space within a development that is
specifically intended for recreational, social, cultural, or environmental
enhancement for the use and enjoyment of the occupants or the public. This
area may include but is not limited to, parks, playgrounds, landscaped
gardens, courtyards, patios, rooftop gardens, community rooms, fitness
centers, swimming pools, and other similar facilities. The purpose of an
amenity space is to provide opportunities for leisure, relaxation, and
community interaction, thereby improving the quality of life and fostering a
sense of well-being among residents and visitors.
Applicant
means the registered owner of the land or the representative or agent
certified or authorized as such to act on their behalf.
Application Form
means a form provided to an applicant pursuant to the Bylaw, including Text
Amendment Application Forms, Land Use Redistricting Application Forms,
and Development Permit Application Forms, etc.
Attached Garage
means a building or portion of a building that can be used for motor vehicle
storage that is attached to the principal building by sharing a common wall
which usually has an interconnecting door. For the purpose of calculating
yard setbacks and lot coverage requirements, an attached garage is deemed
to be part of the principal building.
Awning
means a cloth like or lightweight shelter projecting from a building.
Balcony
means a projecting elevated platform on a building, which is enclosed by a
railing or parapet and is greater than 0.6 m above grade and width. Access is
from the building only.
Basement
means that portion of a building located below the uppermost floor level that
does not exceed 2.0 m above grade.
Bay
means a self-contained unit of part of a building or of the whole building
which can be sold or leased for individual occupancy.
Boulevard
means the portion of the public right-of-way that lies between the curb or
edge of the road surface and the adjacent lot lines.
Building
means any structure used or intended for supporting or sheltering any use or
occupancy.
Business
means:
a commercial, merchandising or industrial activity or undertaking, or
a profession, trade, occupation, calling or employment, or
an activity providing goods and services, whether or not for profit
and however organized or formed, including a co-operative or
association of persons.
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Canopy
means a non-retractable solid projection extending from the wall of the
building intended to be used as a protection against weather, other than
normal architectural features such as lintels, sills, moldings, architraves and
pediments, but includes the structure known as the theatre marquee.
Cantilever
means a long projecting beam or girder fixed at only one end.
Commercial Vehicle
means a vehicle used for the transportation of goods, materials, equipment,
or passengers in connection with a business, trade, or service. These vehicles
may include modifications specific to their commercial use, such as the
display of business identification, logos, or advertisements.
Compatible
means the characteristics of different uses or activities or designs which allow
them to be located near or adjacent to each other in harmony. Compatibility
does not mean "same as". Rather, compatibility refers to the sensitivity of
development proposals in maintaining the character of existing
developments.
Construct
means to build, rebuild, or relocate and without limiting the generality of the
word, also includes: any preliminary operation such as excavation, filling or
draining; altering an existing building or structure by addition, enlargement,
extension, or other structural change; and any work which requires a Building
Permit.
Corner Visibility
Triangle
means the triangular area formed on a corner lot by the two (2) curb lines
and a straight line, which intersects them 3.0 m from where they meet in
Residential Districts and 6.0 m from where they meet in all other Districts.
Council
means the Council of the Town of Drayton Valley.
Curb Cut
means a place where vehicles or pedestrians cross a curb, even if there is no
built curb.
Deck
means an open-sided roofless platform adjoining a building up to a height of
0.61 m from grade.
Demolition
means the pulling down or destruction or removal of a structure.
Density
means the number of dwelling units on a site expressed in units per hectare
(uph).
Designated Officer(s)
means those persons designated by bylaw under the MGA and for purposes
of the Bylaw are the Development Officer, Peace Officer, Bylaw Enforcement
Officer, and Town's CAO or their Designate.
Development
means, as defined in the Municipal Government Act:
An excavation or stockpile and the creation of either of them;
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;
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
A change in the intensity 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
Agreement
means an agreement which is a contract between an applicant and the Town
regarding the apportionment of costs arising from the construction or
servicing of a development.
Development
Authority
means a Development Authority established pursuant to the MGA to exercise
development powers and duties on behalf of the Town.
Development Permit
means a document or permit, which may include attachments, issued
pursuant to this Bylaw authorizing a development.
Direct Control District
means a District in the Land Use Bylaw which details guidelines established
by Council for control over the use and development of an area pursuant to
the provisions of the MGA.
District
means a land use district.
Driveway
means a hard-surfaced area used for parking vehicles on private property,
often connecting a house or garage with a public roadway. Driveways must
be constructed of asphalt, or concrete. Driveways that are not connected to a
garage or carport are limited to 5.0 m in width.
Easement
means a right to use land generally for access to other property or as a right-
of-way for a public utility.
Excavation
means any breaking of ground except for gardening and ground care.
Fence
means a vertical physical barrier constructed to prevent visual intrusions,
unauthorized access, or provide sound abatement.
Floor Area
means the area of all floors in a building, measured within the exterior walls of
a building, not including basements, decks, patios, driveways, sidewalks, or
porches.
Foundation
means the lower portion of a building, usually concrete or masonry, and
includes the footings, which transfers the weight of and loads on a building to
the ground.
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Fundamental Use
Criteria
are requisite qualifiers for specific or all Permitted and Discretionary Uses
within the District. The purpose and intent of Fundamental Use Criteria are to:
Limit or restrict the nature or scope of the Use;
Ensure that Uses achieve a particular planning objective that is
inherent of the Land Use District; and
Not be regulatory but to modify the scope of the use as it applies to
that particular District.
Grading
means the alteration of the grade of a site.
Green Space
means an area of grass, trees, or other vegetation set apart for aesthetic
purposes in an otherwise urban environment.
Gross Floor Area
(GFA)
means the total floor area of a building within the exterior and basement
walls, excluding areas used exclusively for parking, mechanical/electrical
equipment, common laundry and storage lockers, and common areas such as
stairways, halls and corridors.
Hard Surfaced
means a durable ground surface constructed of cast-in-place concrete, brick,
concrete unit pavers, turfstone, stone, asphalt, or similar materials. This does
not include gravel or clay.
Landscaping
means to change or modify the natural features of a site so as to make it
more attractive by adding lawns, trees, shrubs, ornamental plantings, fencing,
walks, drives, or other structures and materials.
Lane
means a public thoroughfare, which provides a secondary means of access to
a lot.
Lot
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. May also be referred to as a site.
Lot Area
means the total area of a lot.
Lot Coverage
means the combined area of all buildings or covered/roofed structures upon
the lot, measured at the approved grades, including all porches and verandas,
enclosed terraces, steps, cornices, eaves, and similar projections; such area
shall include air wells, and all other space within an enclosed building.
Lot Lines
means any boundary of a lot, and includes the rear, front and side lot lines.
Lot, Double Fronting
means a lot which abuts two (2) non-intersecting roadways (excluding lanes).
Lot, Interior
means a lot which is bounded by only one (1) roadway.
Maintenance
means the upkeep of a building or property that does not involve structural
change, the change of use, or the change of intensity of use.
Manufactured Home
Park
means a lot under one title, which provides spaces for the long-term parking
and occupancy of a Dwelling, Manufactured Home.
Mixed-Use Building
means a building used partly for residential use and partly for commercial
use.
Mixed-Use
Development
means a lot or a building or structures developed for two or more different
uses such as residential, office, manufacturing, retail, public, or entertainment.
Municipal Government
Act (MGA)
means the Municipal Government Act of Alberta, as amended.
Non-Conforming
Building
means a building:
That is lawfully constructed or lawfully under construction at the date
a Land Use Bylaw affecting the building or the land on which the
building is situated becomes effective, and
That on the date this Land Use Bylaw becomes effective does not, or
when constructed will not, comply with this Land Use Bylaw.
Non-Conforming Use
means a lawful specific use:
Being made of land or a building or intended to be made of a
building lawfully under construction at the date a Land Use Bylaw
affecting the land or building becomes effective, and
That on the date this Land Use Bylaw becomes effective does not, or
in the case of a building under construction will not, comply with this
Land Use Bylaw.
Nuisance
means anything that interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
Off Street Parking
means parking constructed entirely off any public right-of-way.
Parking Facility
means a designated area, structure, or lot, either publicly or privately owned,
that is used for the temporary parking of motor vehicles. This includes surface
parking lots, underground or above-ground parking structures, and any
associated access driveways, ramps, or circulation areas intended to
accommodate motor vehicles.
Patio
means an outdoor area, typically at ground level, that is attached to a
building or structure and is used for dining, recreation, or relaxation. It is
usually paved or constructed with materials such as concrete, stone, or wood
and may be open or partially enclosed.
Playground
means an outdoor play area, containing recreational equipment such as slides
and swings.
Porch
means a roofed structure having direct access to and projecting from the
principal building with walls that are unenclosed and open to the extent of at
least fifty percent (50%) and may be glazed or screened.
Principal Building
means a building which:
occupies the major or central portion of a lot,
is the main building on a lot, or
constitutes, by reasons of its use, the primary purpose of which the
lot is used.
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Principle Use
means the main purpose for which a lot is used.
Recreational Vehicle
means a vehicle, trailer, watercraft, or off-road vehicle that is utilized for
recreational or work purposes and includes but is not limited to: any
motorhome; travel trailer; tent trailer; watercraft and trailer; fifth wheel trailer;
a camper when it is not mounted on a truck, but placed on the ground; utility
trailer or any similar vehicles, or any other vehicles as determined by a the
Development Authority or Peace Officer to be considered for recreation or
work purposes.
Redistricting
means the conversion of land from one land use district to another.
Reserve,
Environmental (ER)
means the land designated as Environmental Reserve per the MGA.
Reserve, Municipal
(MR)
means the land designated as Municipal Reserve per the MGA.
Reserve, School (SR)
means the land designated as School Reserve per the MGA.
Retaining Wall
means a wall for holding in place, a mass of earth or the like, as at the edge of
a terrace or excavation.
Setback
means the perpendicular or radial distance from a lot lines to the nearest
portion of the foundation of the building including any columns supporting or
appearing to support a roof load. In the case of a cantilevered floor, the
setback shall be to the outer wall of the cantilevered section.
Sidewalk
means a pathway or right-of-way for pedestrian traffic.
Sign
means an object or device intended to advertise or call attention to a person,
matter, event or location.
Sign, Sandwich Board
means a non-illuminated sign having an "A" shape.
Statutory Plan
means an Inter-Municipal Development Plan, Municipal Development Plan,
Area Structure Plan or Area Redevelopment Plan adopted by a municipality
under the MGA, as amended.
Stockpile
means an accumulation materials or raw materials, including snow dumps,
stored outdoors in a pile.
Storey
means the habitable space between the upper face or one floor and the lower
face of the next higher floor. A basement shall be considered a storey if the
upper face of the floor above it is more than 1.8 m above ground level.
Street
means a public roadway or thoroughfare, often paved and referred to
interchangeably as a road.
Subdivision
as defined in the Municipal Government Act.
Subdivision &
Development Appeal
Board (SDAB)
means a subdivision and development appeal board pursuant to the 'SDAB
Bylaw No. 2018/03/D and SDAB Amending Bylaw No. 2019/05/D', as
amended or replaced.
Subdivision
Agreement
means an agreement which is a contract between an applicant and the Town
regarding the apportionment of costs arising from the construction or
servicing of a subdivision.
Temporary
means a use which is not permanent.
Temporary
Accommodations
means accommodations that do not meet the requirements of the Alberta
Building Code and/or CSA for a permanent dwelling, and instead is meant to
provide accommodation seasonally or for temporary purposes. This includes
recreational vehicles, park models, cabins, etc.
Town
means the Town of Drayton Valley.
Use
means the utilization of a lot for a particular development activity.
Use, Discretionary
means the use of land or a building provided for in this Bylaw for which a
decision on a Development Permit may be issued upon a Development
Permit application having been made and subject to the enabling conditions
for each proposed development being satisfied.
Use, Intensity Of
means the degree or scale of operation of use or activity in relation to the
amount of land and buildings associated with the use, vehicular traffic
generation resulting thereof, amount of parking facilities required for the
particular land use activity, etc.
Use, Permitted
means the use of land or a building provided for in this Bylaw for which a
Development Permit shall be approved and issued by the Development
Authority when the proposed development conforms to all applicable
requirements and rules of this Bylaw, with or without conditions, upon
application having been made to the Development Authority.
Use, Similar
means a use of a site or building in a District which, in the opinion of the
Development Authority, is so similar to a Permitted Use or Discretionary Use
in that District that it meets the intent of Council for the development of that
District as set out in the purpose and intent statement, but does not include a
use that is specifically defined as a Permitted or Discretionary Use in any
other District.
Yard
means a part of a lot upon or over which no building or structure other than
a boundary fence is erected, unless otherwise permitted.
Yard, Front
means that portion of a lot that lies between the front face of the principal
building and the front lot line. In the case of a corner lot, the front yard is on
the same side as the other lots in the row on the block regardless of the
orientation of the principal building.
Yard, Rear
means the portion of a lot that lies between the rear face of the principal
building and the rear lot lines.
Yard, Side
means that portion of a lot that lies between the side face of the principal
building and the side lot line.
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17.3 Use Class Definitions
TERM
DEFINITION
Accessory Building/
Structure and Use
means any building, structure, or use that is separate from the principal
building on the lot on which both are located and the use of which is
subordinate and incidental to that of the principal building, allowing
supplementary activities supporting and complementing its primary use and
built form.
Accessory Dwelling
means a self-contained dwelling unit, that is located within or on the same
titled lot, and accessory to a single-detached or semi-detached dwelling that
meets the Alberta Building Code or CSA A277. Secondary suites are clearly
secondary in size to the principal dwelling within the same building, which
may or may not share access to the outside and/or other facilities with the
main dwelling unit. Accessory dwellings include garden suites, garage suites,
and guest houses.
Agricultural Support
Services
means development providing products or services directly related to the
agricultural industry. Without restricting the generality of the foregoing, this
shall include such facilities as grain elevators, feed mills, farm implement
dealerships (not including Automotive, Equipment and Vehicle Services), or
crop spraying.
Agriculture
means a use where agricultural activities occur such as cultivating soil,
producing crops, raising livestock or poultry, and in varying degrees the
preparation and marketing of the resulting products. This does not include
Cannabis Processing and Distribution Facility.
Animal Services, Major
means a use for livestock outpatient care and treatment, boarding, training,
or grooming of large animals and includes retail sales of associated
products. This includes such uses as animal hospitals, boarding/breeding
kennels for both livestock and domestic pets, impounding and quarantining
facilities.
Animal Services, Minor
means a use for domestic pet outpatient care and treatment, pet training
not exceeding ten (10) animals on the premises at any one time, treatment
or grooming of animals and includes retail sales of associated products.
Temporary boarding of small animals is permitted when associated with a
veterinary clinic. Typical Uses include pet grooming salons, animal daycares
and domestic pet veterinary clinics. This use does not include Animal
Services, Major.
Artisan Shop
means a commercial establishment primarily engaged in the retail sale of
handmade or artistic goods, supplies, and materials related to various crafts
and hobbies. Such establishments may offer a variety of craft-related
products, including but not limited to art supplies, handmade items, do-it-
yourself kits, and tools.
Auction Market
means a use where goods and equipment are auctioned, including the
temporary storage of such goods and equipment.
Automotive,
Equipment and Vehicle
Sales
means a use where motor vehicles are sold and rented out including
automobiles, recreational vehicles, and farm equipment and parts.
Automotive,
Equipment and Vehicle
Service, Major
means a use primarily concerned with comprehensive maintenance, repair,
and servicing of automobiles, recreational vehicles (RVs), farm equipment,
and vehicles. Typical uses include engine overhauls, transmission repairs,
electrical system diagnostics, auto body repairs, and other complex
mechanical work. These facilities are often equipped with specialized tools,
diagnostic equipment, and service bays to accommodate a variety of vehicle
types and repair needs.
Automotive,
Equipment and Vehicle
Service, Minor
means a use for basic maintenance and repair services for automobiles,
recreational vehicles (RVs), farm equipment, and vehicles, including uses
such as oil changes, tire rotations, brake inspections, and other minor repairs.
Bed and Breakfast
means an accessory use where temporary sleeping accommodation is
provided within a dwelling unit.
Boarding or Lodging
Home
means a Building (other than a Hotel/Motel) containing not more than
fifteen (15) sleeping rooms where meals or lodging for four (4) or more
persons are provided for compensation pursuant to previous arrangements
or agreement but does not include group care facilities.
Breweries, Wineries
and Distilleries
means a use where beer, spirits and/or other alcoholic beverages are
manufactured that may include the retail sale of products. Typical
development includes breweries, wineries, distilleries, and meaderies. This
use may be combined with another use such as an Establishment, Eating &
Drinking.
Bulk Fuel Station
means a Development for handling petroleum products in bulk quantities
and includes supplementary tanker vehicle storage. Key-lock pumps and
retail fuel sales may be incorporated as an accessory use.
Business and
Professional Office
means a use that provides administrative, consulting, financial, information,
management, or professional services, and includes a bank, a call centre or
the office of an architect, engineer, insurance agent, lawyer, or travel agent
but does not include a Health and Medical Services.
Business Support
Services
means a use to provide support services to businesses, where all of the on-
site activity occurs indoors, and includes sign making, catering, janitorial
services, security services, information technology, and office equipment and
supplies sales and service.
Campground
means an area which has been planned and improved to be used and
maintained for a seasonal short-term period (where the maximum
occupancy shall not exceed 240 days in one (1) year), for campers locating
tents, recreational vehicles, or both, within a defined area.
Campsite
means the site where a tent, recreational vehicle, or other temporary
camping structure is located within a campground.
Cannabis Production
and Distribution
Facility, Major
means a use, as licensed by Health Canada, where cannabis is grown,
harvested, processed, tested, packaged, shipped, destroyed and/or stored
on site, but does not include Retail, Cannabis.
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Cannabis Production
and Distribution
Facility, Minor
means a use, as licenced by Health Canada where:
Cannabis is grown or harvested, and the surface of the plant canopy
does not exceed 200.0 m2, but does not include Retail, Cannabis or
A maximum of 600.0 kg of dried cannabis product per year is
processed, manufactured, packaged, and labelled or stored on-site,
but does not include Retail, Cannabis.
Car Wash
means a development where motor vehicles are washed on a commercial
basis.
Care Facility, Major
means a facility, which provides resident services to seven (7) or more
individuals. These individuals may be aged, physically challenged or
undergoing rehabilitation, and provided services to meet their needs. This
includes the following such Similar Uses as group homes, halfway houses,
resident schools, and psychiatric care facilities. The use class does not
include treatment facilities such as detoxification centres.
Care Facility, Minor
means a provincially licensed facility that provides resident service in a
private residence to six (6) or fewer individuals. These individuals may be
physically challenged, disabled, or in need of supervision, on a temporary or
long-term basis, in accordance with their individual needs. This use includes
the following, and such Similar Uses as foster or boarding homes for
children, group homes, and does not include Residential Care Facility nor
treatment facilities such as detoxification centres.
Cemetery
means the use of land for the burial of the deceased and may include
accessory developments such as columbarium's, mausoleums, memorial
parks and the like.
Communal Facilities
means a building used for the common benefit of a surrounding community.
Typical communal facilities include shower, laundry, indoor recreation
typically associated with a campground or manufactured home park.
Community Garden
means a site or part of a site that does not contain a dwelling, on which
vegetables or fruits (but not cereal grains or animals of any kind) are
cultivated for consumption or distribution on a not-for-profit basis.
Concrete/Asphalt
Plant
means the processing, manufacturing, recycling, and sales of concrete and
asphalt and the accessory manufacture and sales of products made from
concrete and asphalt.
Convention Services
means development which provides permanent facilities for meetings,
seminars, conventions, product and trade fairs and other exhibitions with or
without eating and drinking facilities.
Cottage Industry
means one or more low intensity activities of a gainful nature demanding a
skilled trade or craft or related to an agricultural and/or horticultural
operation on a lot. Cottage Industry shall maintain, and be compatible with,
the rural residential and/or agricultural character of the surrounding
landscape. Cottage Industry may be the principal use of the lot, or
secondary to existing principal uses such as residential dwelling. A Cottage
Industry use shall not be located within a multi-lot residential subdivision.
Typical Cottage Industry requiring skilled trade may include workshops or
storefronts selling custom made products or offering related services.
Typical agriculture and horticulture related Cottage Industry may include
growing, packing and sale of food products, small-scale wineries and
breweries, and minor food establishments including cafes and diners.
Crematorium
means a building fitted with the proper appliances for the purpose of the
cremation of human or animal remains and includes everything incidental or
ancillary thereto.
Cultural Facilities
means development for the collection of literary, artistic, musical and similar
reference materials, or, a building intended for live theatrical, musical, or
dance performances. Typical facilities would include libraries, museums, art
galleries, auditoriums, theatres and concert halls.
Day Home
means an accessory use to a dwelling unit used to provide a facility and/or
program for the care, maintenance and supervision of six (6) or fewer
children under the age of fifteen (15) years, by a person who resides in the
dwelling unit for periods of more than three (3) but less than twenty-four
(24) consecutive hours. Overnight care is permitted under a "family day
home agency license" as per Early Learning and Child Care Act.
Daycare Services
means development licensed by the province to provide daytime personal
care and education to children or elderly persons, but does not include
overnight accommodation. Typical facilities would include daycare or "elder
care" centres, day nurseries, family day home child care for seven (7) or
more children, kindergartens, nursery schools and play schools.
Detention and
Correction Services
means development for the purpose of holding or confining and treating or
rehabilitating persons. Typical facilities would include prisons, mental
institutions, jails, remand centres, asylums and correction centres.
Drive-Through
means a use where services are provided to patrons who are in a motor
vehicle. This use will always be approved with another use such as
Establishment, Eating or Drinking, or Financial Institution.
Dwelling, Duplex/
Semi-Detached
means a dwelling containing two (2) dwelling units having the dwelling area
of one located above the dwelling area of the other each with a private entry
(duplex) or a dwelling containing not more than two (2) side-by-side
dwelling units sharing a common wall, which may be subdivided along the
common wall (semi-detached).
Dwelling, Live-Work
Unit
means a dwelling unit that includes working space accessible from the living
area, reserved for and regularly used by one or more residents of the
dwelling unit, but is not classified as a Home-Based Business. Working space
may be used for retail sales, personal services, or studio space for artists/
dancers/ designers/ musicians/ photographers.
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Dwelling, Multiple Unit
means a dwelling with multiple dwelling units arranged within a single or
several buildings. Typical multiple unit dwellings include apartments and
seniors' manors.
Dwelling, Rowhouse/
Townhouse
means a dwelling with three (3) or more dwelling units that are attached
side by side, usually in a row sharing common sidewalls, which may be
subdivided along the common wall.
Dwelling, Single-
Detached
means a dwelling (constructed on site or modular construction) that is
supported on a permanent foundation or basement but does not include
Dwelling, Manufactured Home.
Dwelling, Stacked
Townhouse
means a dwelling with three (3) or more dwelling units where the
townhouses are stacked on top of each other, each with their own front door
and private outdoor space, and usually sharing common sidewalls, which
may be subdivided along the common wall.
Dwelling, Triplex
means a Development consisting of a residential Building containing three
(3) dwelling units located immediately adjacent to each other and sharing a
common wall and each having a separate entrance to grade, which may be
subdivided along the common wall.
Establishment, Adult
means a premise or parts thereof in which products or services are provided
which are of a sexual intent and shows or displays nudity with an erotic or
sexually explicit intent. Typical uses would include but are not limited to
adult mini-theatres, strip clubs or shows, sex shops, and adult video stores.
Establishment, Eating
& Drinking
means use where food is prepared, and alcoholic beverages may be offered
for sale to the public for consumption. Typical development includes
restaurants, diners, fast food restaurants, takeout-only restaurants, bars and
pubs.
Establishment,
Entertainment
means a use where live performances or motion pictures are shown. Typical
development includes auditoria, bingo halls, casinos, cinemas, and theatres
but does not include Establishment, Adult.
Farm Vacation Home
means a single detached dwelling located on land whose primary use is
agricultural where temporary lodging or sleeping accommodation, with no
more than three (3) guest rooms, is provided, with any or all meals prepared
in the residential kitchen, on a daily basis to registered guests for not longer
than fourteen (14) days by the occupant.
Farmers Market
means a use where individual vendors provide goods for sale directly to the
public. Vendors may change on a frequent or seasonal basis and goods may
be sold both inside and outside of the building. Goods being sold are
primarily fresh food products, finished consumer goods, produce,
handcrafted articles, antiques, or second-hand goods.
Financial Institution
means a use where banks, credit unions, trust companies, treasury branches,
pawn shops, or payday loan services are located.
Funeral Services
means a use where the deceased are prepared for burial or cremation,
and/or funeral services are held. Funeral services do not include
crematoriums.
Garden Centre
means a use where gardening products, plants, seeds, shrubbery, trees, and
other gardening-related products are sold to the public from a permanent
building and may include temporary structures and outdoor areas for the
planting, growing, storage, display and sale of plants and products but does
not include a Cannabis Production and Distribution Facility or Retail,
Cannabis.
Gas Station
means a use where gasoline and related fuels are sold, typically including a
small retail component. This use does not include a Bulk Fuel Facility.
General Contracting
means a development used for providing building construction, landscaping,
concrete, electrical, plumbing, heating, drain cleaning, woodworking, and
similar services of a construction nature. These developments typically
require on-site storage for materials, equipment and vehicles associated with
the service.
General Industrial
Manufacturing/
Processing
means development used principally for one or more of the following: the
processing of raw materials; the manufacturing or assembling of semi-
finished or finished goods, products or equipment, but not food products;
the storage, cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial, building or household use;
terminals for the storage or trans-shipping of materials, goods and
equipment; the distribution and sale of materials, bulk goods and equipment
to institutions, industrial or commercial businesses for their direct use or to
general retail stores or other use classes for resale to individual customers;
or the training of personnel in general industrial operations. This does not
include other uses that are defined separately.
This includes only those developments where activities and uses may be
carried on indoor and/or outdoors and where no significant nuisance factor
is created or apparent beyond the boundaries of the site.
Government Services
means a development providing municipal, provincial, or federal government
services directly to the public or the community at large. This includes, but is
not limited to municipal, provincial, or federal buildings; fire stations, police
stations; post offices and distributions centres; and social services offices.
Group Care Facility
means supervised residential dwelling unit, licensed or approved under
provincial legislation, for the accommodation of persons, excluding staff,
referred by hospitals, courts, government agencies or recognized social
service agencies or health professionals.
Health and Medical
Services
means a development where physical or mental health services are provided
on an out-patient basis. Such services may be of a preventative, diagnostic,
treatment, therapeutic, rehabilitative, or counseling nature. This includes but
is not limited to, medical, chiropractic, and dental offices, health clinics,
physiotherapy, x-ray and imaging services and counseling services. An
accessory use to this development includes drugs stores, medical supply
stores, and pharmacies.
Home Park
means a development for a variety of dwelling types or recreational vehicles
that do not have a registered plan for subdivision. This includes, but is not
limited to, dwellings that are used for rental purposes, long term leases, or
bareland condominiums.
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Home-Based Business,
Level 1
means a secondary use of a principal dwelling, its accessory building(s), or
combination thereof, by a least one (1) resident of the dwelling to conduct a
business or activity or occupation. The use has no external impact on
adjacent residential dwellings.
Home-Based Business,
Level 2
means an occupation, trade, or craft for gain or support and is a secondary
use of a principal dwelling, its accessory building(s), or combination thereof,
by a least one (1) resident of the dwelling to conduct a business or activity
or occupation. It includes client visits to the residence.
Home-Based Business,
Level 3
means an occupation, trade, or craft for gain or support and is a secondary
use of a principal dwelling, its accessory building(s), or combination thereof,
by a least one resident of the dwelling to conduct a business or activity or
occupation. Typical secondary uses may include contractor services, and
parking of commercial vehicles in excess of Home-Based Business Level 2.
This use class does not include more intensive industrial activities that
produce exterior impacts, such as noise, smoke, steam, odour, dust, fumes,
exhaust, vibration, heat, glare, refuse, or the storage of hazardous or
combustible materials. Such activities should be located in an Industrial
District. Any outdoor storage must be screened from adjacent properties
and from public view.
Home-Based Office
means an accessory development contained within one room in a dwelling,
for a business that involves office functions only and is operated by a
permanent resident of the dwelling, but does not include any warehousing,
direct sale of goods or clients/customers to the dwelling for business
purposes.
Horticultural Use
means the primary and basic production and processing (including, but not
limited to, cleaning, sorting, separating, grading or packing) of horticultural
products such as vegetables, herbs and fruits, for sale on or off-site. Typical
uses include berry farms, tree farms, sod farms, plant nurseries, and market
garden operations.
Hospital and
Treatment Services
means a public and private institutional development used to provide in-
patient and out-patient healthcare to the public. Typical developments may
include a community hospital, community health centre, surgical or other
medical treatment for the sick, injured, or infirm, treatment facilities such as
detoxification centres, or accommodation for long-term or overnight care of
patients, and may include accessory uses similar to eating establishments,
offices and any other uses which are ancillary to the principal use.
Hotel/Motel
means a use where sleeping accommodation and ancillary services are
provided in rooms or suites which may contain facilities for food preparation.
This use may be combined with another use such as an Establishment,
Eating & Drinking, Retail, Store and Convention Centre.
Industrial Storage and
Warehousing
means development used for either indoor or outdoor storage, warehousing,
distribution or trans-shipment of raw materials, partially processed or
finished goods, manufactured products, or equipment. Typical facilities
would include pipe yards, heavy equipment service and storage, lumber
yards, storage/warehousing compounds or distribution centres. Generally, no
additional processing would occur on site.
Industrial Support
Services
means a Development whose principal use is to provide sales or service to
agricultural, industrial, or business clients, and includes agricultural or
industrial supplies and services, building supply centres, bulk fuel sales,
contractor's offices, large equipment sales or servicing, Livestock auctions,
lumber yards, and wholesale centres. This use does not include Cannabis
Production and Distribution Facility or Retail, Cannabis.
Industrial, Heavy
means development used principally for one or more of the following: the
processing of raw materials; the manufacturing or assembling of semi-
finished or finished goods, products or equipment, including food products;
the storage, cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial, building or household use;
terminals for the storage or trans-shipping of materials, goods and
equipment; the distribution and sale of materials, bulk goods and equipment
to institutions, industrial or commercial businesses for their direct use or to
general retail stores or other use classes for resale to individual customers;
or the training of personnel in general industrial operations. This does not
include other uses that are defined separately.
This includes only those developments which may have a significant
detrimental effect on the safety, use, amenity, enjoyment of adjacent or
nearby sites due to appearance, noise, odour, emission of contaminants, fire
or explosive hazards, or dangerous goods.
Industrial, Light
means a use where activities are primarily carried on within an enclosed
building and no significant nuisance factor is created or apparent outside an
enclosed building. Typical development includes laboratories, general
contractors and landscaping services, equipment rentals, warehouses and
warehouse sales of furniture, floor coverings etc.
Industrial, Medium
means a development used principally for one or more of the following:
processing of raw materials; the manufacturing or assembling of semi-
finished or finished goods, products or equipment; the storage, cleaning,
servicing, repairing or testing of materials, goods and equipment normally
associated with industrial, business or household use; terminals for the
storage or transhipping of materials, goods and equipment; the distribution
and sale of material, bulk goods and equipment to industrial, institutional, or
commercial businesses. Any indoor display, office, technical, administrative
support, or retail sale operation shall be accessory to the general industrial
uses listed above. The use includes only those developments where no
significant nuisance factor is created or apparent beyond the boundaries of
the site.
Kennel
means development used for the breeding, boarding, caring or training of
dogs. Typical facilities include dog boarding and dog training
establishments, and animal rescue homes.
Manufactured Home,
Double-Wide
means a dwelling that is manufactured and consist of two parts put together
to comprise a complete dwelling or "Double-Wide" to be moved from one
point to another that is located on a permanent foundation, and which
provides completely self-contained, year-round residential accommodation
and meets the requirements for a permanent residence under the Canadian
Standards Association applicable in the Province of Alberta.
176
Manufactured Home,
Single-Wide
means a dwelling that is manufactured as a single structure or "Single-Wide"
to be moved from one point to another that is located on a permanent
foundation, and which provides completely self-contained, year-round
residential accommodation and meets the requirements for a permanent
residence under the Canadian Standards Association applicable in the
Province of Alberta.
Modular Home
means a prefabricated or factory-built frame or shell which comprises of the
walls or siding of a single dwelling unit. More specifically, a modular unit
represents only a section of the modular home. A modular home has no
chassis, running gear or wheels, but units may be stacked side by side or
vertically and complete to form a dwelling unit. The term "Ready to Move"
(RTM) home is deemed to be a modular home, but it excludes a
Manufactured Home, recreational vehicle or Recreational Vehicle-Park Model
Recreational Unit.
Natural Resource
Extraction/Processing,
General
means the extraction of natural resources, including, but not limited to,
minerals, sand, gravel, coal, peat, limestone, gypsum, granite and salt found
on or under the site, or accessible from the site. Processing may include
crushing, washing, screening and the preparation of asphalt. For the
purposes of sand and/or gravel Developments, the Total Mine Area must be
5.0 ha or greater.
Natural Resource
Extraction/Processing,
Minor
means the extraction of natural resources, including, but not limited to,
minerals, sand, gravel, coal, peat, limestone, gypsum, granite and salt found
on or under the site, or accessible from the site. Processing may include
crushing, washing, screening and the preparation of asphalt. The Total Mine
Area must be smaller than 5.0 ha.
Outdoor Shooting
Range
means a development consisting of a facility that is outdoors and designed
for the safe discharge of firearms for the purposes of sport shooting, target
practice, training, or shooting competitions.
Personal Services
means a use that accommodates businesses or establishments that provide
personal care, grooming, or well-being services to individuals. This category
may include services such as hair salons, beauty spas, fitness centres,
massage therapy studios, or similar enterprises.
Recreation Equipment
Storage
means a building or compound for the seasonal storage of recreational
equipment, such as boats, seadoos, trailers, and All Terrain Vehicles (ATV).
Recreation, Indoor
Facility
means an indoor sport or activity building, structure, or facility that
accommodates diverse recreational activities. This category includes indoor
ice arenas, curling rinks, sports fields, swimming pools, bowling alleys,
racquet courts, gymnasiums, fitness centers, rock climbing structures, and
stadiums. The facility may incorporate compatible uses like cafeterias,
concession sales, retail outlets, pro-shops, conference rooms, licensed
lounge areas, and exclusive electronic entertainment rooms for facility users.
Recreation, Outdoor
means a development on large or small tracts of land providing outdoor
facilities for diverse recreational activities. These activities encompass skiing,
hiking, trail riding, golf courses, combat games, picnic grounds, fishing
lodges, beach areas, sports fields, golf courses, arenas, swimming pools,
exhibition and rodeo grounds, tennis courts, amusement parks, mini-golf,
outdoor skating rinks, lawn bowling greens, water spray parks, go-cart
tracks, and other similar activities. Accessory uses may include
campgrounds, operations renting equipment for recreational activities, and a
clubhouse.
Recreation, Outdoor
Facility
means an outdoor sport or activity building, structure, or facility that
accommodates diverse recreational activities. This category includes
outdoor sports fields, swimming pools, running tracks, tennis courts,
basketball courts, skate parks, and similar facilities. The facility may
incorporate compatible uses such as outdoor seating areas, concession
stands, retail kiosks, and picnic areas for users.
Recreation, Park
means land developed for recreational activities that invite the public and
includes picnic areas, playgrounds, pedestrian and bicycle paths, and
associated public washrooms. This category may include tourist information
centres, libraries, museums, or other cultural facilities in mixed use scenarios.
Recycling Depot,
Major
means a building used for the enclosed/interior receiving, sorting, and
storage of materials for recycling, prior to their removal for processing on a
different lot. The materials may include dimensional lumber, drywall, asphalt
shingles, asphalt and concrete, scrap metal, plastics, wire, and cardboard,
but must not include adhesives or sealants, aerosols, motor vehicles or
motor vehicle parts, tires or petroleum and petroleum-based products. This
use class is not a landfill, waste disposal facility or recycling plant for any
materials or components of these materials. This use class does not include
composting.
Recycling Depot,
Minor
means a building used for the buying and temporary storage of bottles,
cans, tetra-packs, newspapers and similar household goods for reuse, where
all storage is contained within an enclosed building.
Religious Assembly
means a development used for religious related uses, philanthropic or social
activities. This includes, but is not limited to churches, chapels, mosques,
temples, synagogues, parish halls, convents, and monasteries. These
developments may include accessory uses such as meeting rooms, food
preparation facilities, and classrooms.
Residential Care
Facility
means housing within a single detached housing form that allows for
congregate living for residents who require some need for support services
to maintain their social and functional independence.
Retail, Cannabis
means a use, that is licensed by the Province of Alberta, where cannabis and
cannabis accessories are sold for consumption off the premises.
Retail, Convenience
Store
means a development used for the retail sale of goods and services. This
includes, but is not limited to small grocery stores, drug stores, and
convenience stores.
178
Retail,
Horticulture/Greenhou
se
means a development where vegetables, flowers and other plants are grown
for sale as plants or seeds. This includes but is not limited to plant nurseries;
garden centres; and market gardens.
Retail, Liquor
means development used for the provincially licensed retail sale of any and
all types of alcoholic beverages to the public for consumption off the
premises.
Retail, Shopping
Centre
means a use where commercial establishments are grouped on a site
planned, developed, and managed as a single unit with on-site parking
provided. Typical development includes a strip mall, power centre or
shopping mall.
Retail, Store
means a building where goods, wares, merchandise, substances, articles, or
services are made available to consumers. Typical uses include but is not
limited to equipment rentals; fleet services; household repair services; and
retail outlets where goods are stored, offered, or kept for sale at retail prices.
Such developments may include on-site storage facilities for inventory
management. This does not include Automotive, Equipment and Vehicle,
Sales, Automotive, Equipment and Vehicle Service, Major and Minor.
Riding Arena
means a building or an area of land used for the purposes of training,
exercising, handling, and care of horses.
Salvage and
Demolition Facility
means land or building used for the collection, demolition, dismantling,
storage, salvage, recycling or sale of waste materials, including scrap metal,
vehicles, machinery, and other discarded materials.
School, Commercial
means development used for training and instruction in a specific trade, skill,
or service for the financial gain of the individual or company owning the
school. Typical uses include secretarial, business, hairdressing, beauty
culture, dancing, or music schools.
School, Post-
Secondary
means development of institutions providing education beyond the
secondary level, typically offering undergraduate and/or graduate programs
leading to diplomas, certificates, or degrees. These institutions may include
colleges, universities, technical institutes, and professional schools, offering a
wide range of academic and professional programs in various fields of study.
This use class includes dormitory and accessory buildings.
School, Primary and
Secondary
means development of educational institutions providing primary and
secondary education from kindergarten through to grade 12. These
institutions typically offer a comprehensive curriculum covering various
subjects and may include elementary, middle, and high school levels.
Sea-Can Container
means an intermodal cargo container for marine, rail and truck transport.
Self Storage
means a development whose principal use is to lease portions of a lot for
storage of goods, and includes mini-storage and recreational vehicle or boat
storage.
Show Home
means the use of an unoccupied dwelling as a sales office and/or to
demonstrate a housing product.
Sign, Awning/Canopy
means a sign that is painted on, printed on, or attached to an awning or
canopy that is affixed to a building. This type of sign is often used to display
business names or logos.
Sign, Billboard
means a large, outdoor advertising sign which is typically located on a
structure or freestanding post. Billboards are generally used for off-premises
advertising and are visible from roadways or other high-traffic areas.
Sign, Digital/Electronic
means a sign that uses digital displays, such as LED or LCD screens, to
present dynamic content, including text, images, or videos. Digital signs can
be programmed to change messages frequently and are commonly used for
advertising, information dissemination, or public announcements.
Sign, Fascia/Wall
means a sign mounted directly onto the surface of a building or structure,
such as a wall or fascia, without any projection beyond the surface. It
typically displays the name, logo, or other information related to the
business or occupant of the building.
Sign, Freestanding
means a sign supported independently of a building or structure, often
mounted on poles, pylons, or other supports that are anchored in the
ground. Freestanding signs are typically used to identify businesses,
services, or locations from a distance.
Sign, Illuminated
means a sign that is internally or externally lit, allowing the sign's message to
be visible during both day and night. Illumination can be achieved through
various methods such as LED lights, fluorescent lights, or neon tubes.
Sign, Portable
means a sign that is not permanently affixed to the ground, a building, or
other structure and can be easily moved from one location to another.
Portable signs are often used for temporary promotions, events, or
directional information.
Sign, Projecting
means a sign that is mounted on a building or structure and extends
outwards, perpendicular to the building's surface. Projecting signs are often
used in areas with pedestrian traffic, allowing the sign to be visible from
various angles.
Sign, Roof
means a sign that is erected, constructed, or maintained on the roof of a
building or structure. Roof signs are generally large and visible from a
distance, often used for advertising or identification purposes.
Sign, Temporary
means a sign that is intended to be used for a limited period of time and is
not permanently affixed to a structure or the ground. Temporary signs
include banners, event signs, real estate signs, and promotional signs for
sales or special events.
Sign, Window
means a sign that is placed inside or affixed to the window of a building,
typically used for advertising or promotional purposes. Window signs are
designed to be viewed from outside the building and can include vinyl
decals, posters, or illuminated signs.
Solar Energy,
Commercial
means solar energy collection system that is designed exclusively to provide
for the commercial distribution of electricity.
180
Surveillance Suite
means a dwelling unit used solely to accommodate a person or persons, or
employee, whose official function is to provide surveillance, maintenance
and/or security for a development.
Utilities, Major
means a development for public or private utility infrastructure purposes
that are crucial to the development of a municipality but may have
significant impact on the environment or adjacent land uses due to their
emissions, effect, or appearance. Typical facilities include power generating
stations, incinerators, large-scale sewage and/or water treatment plants,
public roadways, and major electrical transmission and distribution facilities.
This category also includes buildings and structures associated with the
public utility or use, with an emphasis on larger-scale and potentially more
impactful infrastructure.
Utilities, Minor
means development for public or private utility infrastructure purposes
which support the development of a municipality and has relatively minor
impact on the environment or adjacent land uses by virtue of their
emissions, effect, or appearance. Typical facilities would include natural gas
lines and regulating stations, telephone exchanges and lines, water and
sewer lines, public roadways, local electrical transmission, and distribution
facilities, and television cable lines. This includes buildings and structures
associated with the public utility or use.
Waste Management
Facility
means a waste management facility where waste is disposed of by placing it
on or in the land, but does not include a land treatment facility, a surface
impoundment, a salt cavern, or a disposal well.
Work Camp
means a building or group of buildings used to provide temporary
accommodation for construction workers or natural resource extraction
employees.
182
A.
DC - 1 Direct Control District
A.1
GENERAL PURPOSE
A.1.1
The general purpose of the DC - 1 District is to achieve Council's strategic vision to
facilitate mixed use development on the former Deby Lands. The future development
may include a range of affordable and seniors-oriented housing in a range of housing
forms to reflect a variety of community needs, and a mix of commercial and office
uses to serve the residents in the DC and surrounding areas. Future development
concepts should include open space and park areas to serve the development and
provide connectivity to the larger Deby Park areas and connecting the development
to the surrounding neighbourhood and downtown.
A.2
AREA OF APPLICATION
A.2.1
This District shall apply to or a portion of NE 1/4 8-49-7-West of the 5 Meridian and
Districted as DC --1 Direct Control.
A.3
DEVELOPMENT PERMITS
A.3.1
The Council shall be the Development Authority and will consider and decide upon all
Development Permit applications within this District.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Business and Professional Office
Community Garden
Care Facility
Dwelling, Duplex/Semi-Detached
Dwelling, Accessory
Dwelling Unit, Multiple -Unit
Dwelling, Tiny Home
Dwelling, Rowhouse/Townhouse
Establishment, Eating &
Drinking/Entertainment
Dwelling, Stacked Townhouse
Financial Institution
Dwelling, Triplex
Government Services
Recreation, Indoor Facility
Personal Services
Recreation, Outdoor
Retail
Recreation, Outdoor Facility
Public Utility, Minor
A.3.2
Development in the Direct Control - 1 (DC-1) District must comply with the following
regulations:
REGULATION
PROVISION
Minimum Lot Size
There is no minimum lot size
Maximum Lot Coverage
90% if the off-street parking is provided below
grade, and loading, storage, and waste disposal
can be provided within the building envelope.
The maximum lot coverage when the off-street
parking, loading, storage, and waste disposal are
provided at grade will be to the satisfaction of
Council.
PRINCIPAL BUILDING
Maximum Building Height
30.0 m
Minimum Front Yard
1.2 m to a public roadway
Minimum Side Yard
1.2m, 6.0 m or one-half the height of the
building, whichever is greater when immediately
adjacent to a Residential District.
Minimum Rear Yard Setback
1.2 m
184
REGULATION
PROVISION
ACCESSORY BUILDING
Minimum Front Yard Setback
No Accessory Buildings are permitted in the
principal building front yard
Minimum Side Yard Setback
1.0 m
No Accessory Building permitted on the
principal building flanking side yard
Minimum Rear Yard Setback
1.0 m
A.3.3
The Council may grant a Variance for a Development Permit in accordance with
subsection 11.5 'Development Permit and Decisions' of the Land Use Bylaw.
A.4 MINIMIUM LOT DIMENSIONS
A.4.1
Lot Size -- There is no minimum lot size.
A.5
MASSING AND LOT COVERAGE
A.5.1
Height -- The maximum height is 40.5 m.
A.5.2
Maximum Lot Coverage -- Ninety percent (90%) if the off-street parking is provided
below grade, and loading, storage, and waste disposal can be provided within the
building envelope. The maximum lot coverage when the off-street parking, loading,
storage, and waste disposal are provided at grade will be to the satisfaction of
Council.
A.6 SITE PLAN REQUIREMENTS
A.6.1
An approved site plan shall be required prior to the subdivision and/or development
of land in this District, and all development shall conform to the site plan;
A.6.2
The site plan shall include the all the requirements identified under subsection 11.2
'Development Permit Application Contents' and as following:
a. Dimensions for the planning area and individual units;
b. Minimum setback dimensions; and
c. Number of dwelling units and commercial units proposed within the planning
area.
A.8
LANDSCAPE REQUIREMENTS
A.8.1
The landscaping of new development requirements shall comply with Section 8
'Landscaping, Fencing and Screening' inclusively.
A.9 PARKING AND LOADING REQUIREMENTS
A.9.1
The general parking and loading requirements shall comply with Section 10 'Parking
and Loading Regulations'.
A.10 ADDITIONAL REQUIREMENTS
A.10.1
Council may at its discretion impose further regulations and requirements to minimize
potential impacts to adjacent existing development.
186
B.
DC - 2 Direct Control District
B.1
GENERAL PURPOSE
B.1.1
The general purpose of the DC - 2 District is to allow for residential and limited mixed
use development compatible with the surrounding residential uses.
B.2
AREA OF APPLICATION
B.2.1
This District shall apply to or a portion of Plan 6261KS, Block 27, Lot 1, DC -- 2 Direct
Control.
B.3
DEVELOPMENT PERMITS
B.3.1
The Council shall be the Development Authority and will consider and decide upon all
Development Permit applications within this District.
B.3.2
The Council may grant a Variance for a Development Permit in accordance with
subsection 11.5 'Development Permit and Decisions' of the Land Use Bylaw.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building /Structure
Establishment, Eating and Drinking
Artisan Shop
Recreation, Indoor
Business & Professional Office
Retail, Cannabis
Day Care
Retail, Liquor
Dwelling, Live-Work Unit
Dwelling, Single Detached
Government Services
Health and Medical Services
Personal Services
Retail, Convenience Store
Utilities, Minor
B.3.3
Development in the Direct Control - 2 (DC-2) District must comply with the following
regulations:
REGULATION
PROVISION
PRINCIPAL BUILDING
Maximum Density
One (1) principal dwelling/building and one (1)
Secondary Suite per lot
Maximum Building Height
12.0 m
Minimum Front Yard Setback
5.5 m
Minimum Side Yard Setback
1.2 m
Dwelling, Duplex/Semi - None on common lot line
3.0 m corner lot, for the lots line adjacent to the
public right-of-way
3.0 m one side if no rear access and no front
garage
Minimum Rear Yard Setback
5.5 m with lane
7.5 without lane
ACCESSORY BUILDING
Minimum Front Yard Setback
No Accessory Buildings are allowed to be placed
in the principal building front yard
Minimum Side Yard Setback
1.0 m
188
3.0 m corner lot on a lot line adjacent to a public
right-of-way
No Accessory Building permitted on the principal
building flanking side yard
Minimum Rear Yard Setback
1.0 m
B.4
SITE PLAN REQUIREMENTS
B.4.1
An approved site plan shall be required prior to the subdivision and/or development
of land in this District, and all development shall conform to the site plan.
B.4.2
The site plan shall include all the requirements identified under subsection 11.2
'Development Permit Application Contents' and as follows:
a. Dimensions for the planning area and individual units,
b. Minimum setback dimensions, and
c. Commercial units are proposed within the planning area.
B.5
LANDSCAPE REQUIREMENTS
B.5.1
The landscaping of new development requirements shall comply with Section 8
'Landscaping, Fencing and Screening'.
B.6
PARKING AND LOADING REQUIREMENTS
B.6.1
The general parking and loading requirements shall comply with Section 10 'Parking
and Loading Regulations'.
B.7
ADDITIONAL REQUIREMENTS
B.7.1
Council may at its discretion impose further regulations and requirements to minimize
potential impacts to adjacent existing development.
B.8
OTHER REGULATIONS
B.8.1
In addition to the regulations listed above, Permitted and Discretionary Uses are
subject to the applicable regulations, provisions, and requirements contained within
the other sections of this Bylaw.
190
C.
DC - 3 Direct Control District
C.1.1
The general purpose of the DC-3 District is to allow for Direct Control lots to be
located along the drainage channel and in the northwest corner of the Southview Park
Area Structure Plan area. All development proposals within these areas will be
reviewed and decided upon by Council acting as the Development Authority.
C.2
AREA OF APPLICATION
C.2.1
This District shall apply to Plan 782 3385, Block 117, Lots 3, 4 & 6, Block 118, Lots 1, 2, &
3, and Block 119, Lot 1 DC -- 3 Direct Control.
C.3
DEVELOPMENT PERMITS
C.3.1
The Council shall be the Development Authority and will consider and decide upon all
Development Permit applications within this District.
C.3.2
The Council may grant a Variance for a Development Permit in accordance with
subsection 11.5 'Development Permit and Decisions' of the Land Use Bylaw.
PERMITTED USES:
DISCRETIONARY USES:
Accessory Building/Structure and Use
Animal Services, Major
Animal Services, Minor
Crematorium
Artisan Shop
Funeral Services
Automotive, Equipment and Vehicle
Service, Minor and Major
General Industrial
Manufacturing/Processing
Breweries, Wineries and Distilleries
Industrial Storage and Warehousing
Business and Professional Offices
Recreation, Outdoor
Business Support Services
Sea-Can Container
Drive-Through
Establishment, Eating and Drinking
Financial Institution
Garden Centre
General Contracting
Light Industrial
Personal Services
Recreation Equipment Storage
Recreation, Indoor Facility
Recreation, Park
Retail, Horticulture/Greenhouses
C.3.3
Development in the Direct Control - 1 (DC-1) District must comply with the following
regulations:
REGULATION
PROVISION
Minimum Lot Size 4,000.0 m2
Maximum Lot Coverage
60%
PRINCIPAL AND ACCESSORY BUILDING
Maximum Building Height
20.0 m
Minimum Front Yard Setback
6.0 m
Minimum Side Yard Setback
3.0 m, Flanking Side Yard abutting the public
roadway 6.0 m
Minimum Rear Yard Setback
7.5 m from the rear lot line or the 1:100-year
flood level, whichever is greater. Where the
setback is measured from a flood level the plans
for the building shall be reviewed and sealed by
a Professional Engineer, in good standing with
the Association of Professional Engineers and
Geoscientists of Alberta (APEGA).
192
C.4
SITE PLAN REQUIREMENTS
C.4.1
An approved site plan shall be required prior to the subdivision and/or development
of land in this District, and all development shall conform to the site plan.
C.4.2
The site plan shall include all the requirements identified under subsection 11.2
'Development Permit Application Contents' and as follows:
a. Dimensions for the planning area and individual units,
b. Minimum setback dimensions, and
c. Commercial units are proposed within the planning area.
C.5
LANDSCAPE REQUIREMENTS
C.5.1
The landscaping of new development requirements shall comply with Section 8
'Landscaping, Fencing and Screening'.
C.6
PARKING AND LOADING REQUIREMENTS
C.6.1
The general parking and loading requirements shall comply with Section 10 'Parking
and Loading Regulations'.
C.7
ADDITIONAL REQUIREMENTS
C.7.1
Council may, at its discretion, impose further regulations and requirements to
minimize potential impacts to adjacent existing development.
C.8
OTHER REGULATIONS
C.8.1
In addition to the regulations listed above, Permitted and Discretionary Uses are
subject to the applicable regulations, provisions, and requirements contained within
the other sections of this Bylaw.
.
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620 Highwa
y
22 Highway
620
Range Road 73
Township Road 493
TR494
RR72
N
o
r
t
h
S
a
s
katchew
a
n R
iver
Range Road 73
TR491
TR492
RR73
43 AVE
22
N
o
r
th
Sa
s
k
a
t
c
he
w
a
n
Ri
ve
r
Range Road 73
TR484A
R
R
72A
RR73
22
H
ighway
22
0
1
2
0.5
km
Schedule B: Land Use District Map
Town of Drayton Valley Boundary
LAND USE DISTRICTS
Commercial, Business (C-BUS)
Commercial, Neighbourhood (C-NHD)
Commercial, Downtown (C-DWT)
Industrial, Heavy (I-HVY)
Industrial, Medium (I-MED)
Water Body
Direct Control (DC)
Public, Conservation And Natural Open Space (P-C)
Public, Recreation (P-R)
Public, Service (P-S)
Public, Recreation Major (P-RM)
Public, Utility (P-U)
Residential, Acreage (R-ACG)
Residential, High - Density (R-HID)
Residential, Low - Density (R-LOW)
Residential, Manufactured Home (R-MAN)
Residential, Medium - Density (R-MED)
Urban Reserve (UR)
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
C-BUS
P-S
P-S
I-MED
R-MED
R-MED
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
UR
R-ACG
R-ACG
UR
UR
R-ACG
P-U
R-ACG
I-MED
P-U
P-U
P-U
UR
UR
P-U
UR
UR
R-MAN
R-MAN
R-LOW
R-LOW
I-MED
R-LOW
R-LOW
P-R
R-MAN
R-LOW
R-LOW
R-LOW
R-LOW
P-R
P-R
P-R
DC-3
DC-3
DC-3
DC-3
R-LOW
C-DWT
C-DWT
R-LOW
R-LOW
R-LOW
UR
R-LOW
P-S
I-HVY
I-HVY
C-DWT
R-LOW
P-R
P-R
P-S
R-LOW
P-R
P-R
P-S
P-R
R-LOW
R-ACG
P-S
P-S
P-C
P-C
P-S
P-R
P-R
P-S
P-S
P-C
I-MED
R-MED
P-S
R-LOW
R-LOW
R-LOW
P-R
R-LOW
R-HID
P-S
P-S
P-S
P-C
P-R
R-MED
R-HID
R-LOW
P-R
P-R
P-S
R-MED
P-S
R-LOW
R-LOW
C-DWT
P-R
R-LOW
I-HVY
UR
P-C
P-C
P-C
P-C
P-R
P-RM
P-RM
P-R
R-HID
P-R
P-S
UR
P-S
P-S
P-R
C-DWT
P-S
UR
UR
UR
R-ACG
UR
P-C
R-ACG
R-ACG
R-ACG
R-ACG
R-ACG
R-HID
R-LOW
R-LOW
R-MED
C-NHD
P-R
P-R
P-C
P-R
P-C
R-HID
R-LOW
P-S
P-S
UR
R-ACG
UR
UR
R-ACG
UR
UR
UR
P-S
R-HID
I-HVY
P-S
P-S
R-ACG
UR
UR
R-LOW
R-LOW
UR
UR
I-MED
I-MED
I-MED
UR
UR
P-S
P-RM
I-HVY
UR
P-U
P-R
DC-1
R-MED
UR
I-MED
I-MED
I-MED
I-MED
I-MED
I-MED
I-MED
I-MED
P-S
UR
R-ACG
UR
R-MED
R-MED
UR
UR
UR
UR
UR
R-ACG
P-R
I-MED
I-MED
R-HID
DC-2
P-R
UR
I-HVY
I-MED
P-R
I-MED
I-MED
I-MED
R-ACG
UR
P-S
I-MED
I-MED
I-MED
I-MED
I-MED
I-MED
I-MED
R-LOW
R-HID
R-LOW
P-R
UR
P-R
R-LOW
UR
R-HID
UR
R-LOW
I-MED
R-MAN
UR
UR
UR
R-HID
UR
R-ACG
UR
UR
UR
I-MED
I-MED
P-C
P-S
UR
UR
UR
I-MED
UR
UR
UR
Town of Drayton Valley
Land Use Bylaw