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Town of Drumheller
Land Use Bylaw
Bylaw: 16.20 | December 7, 2020
Consolidated to include amendments June 03, 2024
this page intentionally left blank
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Amendments to Land Use Bylaw 16.20
Bylaw No.
Date
Description
14.21
July 28, 2021
Amends Land Use District Map for a portion of lands
described as Lot 2, Block C, Plan 891 1337, Lot 1 Plan 761
0349 and SE 'ASec.29, TWP 28, RGE 19, W4M, in the Town
of Drumheller, from Badlands District (BD), Rural
Development District (RDD), and Neighborhood District (ND)
to Employment District (ED).
18.21
September 13, 2021
Textual Amendments package - September 2021
Includes; addition to general requirements for Flood Hazard
Overlay, additional categories for Signs requirements,
additional uses and descriptions, and alterations to clerical
errors.
16.22
March 6, 2023
Textual Amendments package Includes additional
regulations for:
-
Dwelling Unit types
-
Murals
-
Industrial Uses within the Employment District
-
Manufactured Home Parks
-
Discretionary Uses
Removal of mapping within Bylaw
Complete rewriting of Flood Hazard Overlay to Flood Hazard
Areas and make terminology consistent with Alberta
Government
Reclassification for all Dwelling Units to provide more clarity.
12.24
June 3, 2024
Amendments include the following changes:
-
General Clerical Changes
-
Multiple changes to the Flood Overlay section
-
Addition of "High Hazard Flood Fringe" provisions
-
Simplification of the Slope Stability Section
-
Removal of Tourist Dwelling
-
Changes to Solar Systems
-
Removal of Communications Structures
-
Changes to Variance Powers
-
Changed Secondary Suites to a Permitted Use in all
Land Use Districts
-
Addition of Mixed-Use Development as a use
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Table of Contents
1.
Purpose and Authority
1.1 GENERAL PURPOSE .................................................................................................... 6
1.2 AUTHORITY................................................................................................................... 6
1.3 APPLICABILITY ............................................................................................................. 6
1.4 TRANSITION .................................................................................................................. 6
2.
Maps and Overlays
2.1 LAND USE MAPS .......................................................................................................... 7
2.2 OVERLAYS OVERVIEW ...............................................................................................14
2.3 DEVELOPMENT OPPORTUNITY OVERLAY ................................................................14
2.4 WAYNE VALLEY NEIGHBOURHOOD OVERLAY .........................................................14
2.5 FLOOD HAZARD AREAS .............................................................................................15
2.6 MANUFACTURED HOME PARK STANDARDS [BYLAW #16.22] ................................19
3.
Land Use Districts
3.5 RULES THAT APPLY TO ALL LAND USE DISTRICTS ................................................27
3.6 BADLANDS DISTRICT ..................................................................................................41
3.7 RURAL DEVELOPMENT DISTRICT .............................................................................42
3.8 COUNTRYSIDE DISTRICT ...........................................................................................47
3.9 NEIGHBOURHOOD DISTRICT .....................................................................................53
3.10 NEIGHBOURHOOD CENTRE DISTRICT .....................................................................60
3.11 DOWNTOWN DISTRICT ...............................................................................................68
3.12 TOURISM CORRIDOR DISTRICT ................................................................................74
3.13 EMPLOYMENT DISTRICT ............................................................................................80
4.
Signs
4.1 GENERAL REQUIREMENTS FOR SIGNS ...................................................................89
4.2 FREESTANDING SIGNS ..............................................................................................90
4.3 FASCIA SIGNS .............................................................................................................91
4.4 PROJECTING SIGNS ...................................................................................................91
4.5 ROOFTOP SIGNS.........................................................................................................91
4.6 PORTABLE SIGNS .......................................................................................................91
4.7 A-BOARD SIGNS ..........................................................................................................92
4.8 BILLBOARD SIGNS ......................................................................................................92
4.9 BENCH SIGNS [BYLAW #18.21] ...................................................................................93
4.10 MURALS [BYLAW #16.22] ............................................................................................93
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
4.11 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT ................................................94
5.
Administration
5.1 DEVELOPMENT AUTHORITY ......................................................................................96
5.2 DEVELOPMENT OFFICER ...........................................................................................96
5.3 SUBDIVISION AUTHORITY ..........................................................................................97
5.4 MUNICIPAL PLANNING COMMISION ..........................................................................97
5.5 VARIANCE POWERS ...................................................................................................98
5.6 SUBDIVISION AND DEVELOPMENT APPEAL BOARD ...............................................98
5.7 AMENDMENTS TO THIS BYLAW .................................................................................98
5.8 SUBDIVISION APPLICATIONS................................................................................... 100
5.9 SUBDIVISION AGREEMENTS.................................................................................... 101
5.10 WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED............................................ 101
5.11 DEVELOPMENT PERMIT APPLICATIONS ................................................................ 103
5.12 DISCRETIONARY USES ............................................................................................ 106
5.13 APPLICATION NOTIFICATION REQUIREMENTS ..................................................... 106
5.14 DEVELOPMENT AGREEMENT FOR DEVELOPMENT PERMITS ............................. 107
5.15 CONDITIONS OF DEVELOPMENT PERMIT .............................................................. 107
5.16 NOTICE OF DECISION ............................................................................................... 108
5.17 PERMIT VALIDITY ...................................................................................................... 108
5.18 APPEALS .................................................................................................................... 109
5.19 FORMS, NOTICES, OR ACKNOWLEDGMENTS........................................................ 109
5.20 NON-CONFORMING USES AND BUILDINGS ........................................................... 109
5.21 CONTRAVENTION ..................................................................................................... 110
5.22 RIGHT OF ENTRY ...................................................................................................... 110
5.23 VIOLATION TAGS....................................................................................................... 111
5.24 FINES .......................................................................................................111
5.25 STOP ORDERS .......................................................................................................... 111
5.26 VACANCY ................................................................................................................... 112
6.
Interpretation and Definitions
6.1 RULES OF INTERPRETATION ................................................................................... 113
6.2 DEFINITIONS .............................................................................................................. 114
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 6 of 136
1.
Purpose and Authority
1.1
GENERAL PURPOSE
1.1.1
The purpose of this Bylaw, entitled the "Town of Drumheller Land Use Bylaw," is to regulate
the use and sustainable development of land and buildings in the Town of Drumheller,
pursuant to Part 17 of the Act. All planning applications pursuant to this Bylaw, including
land use, subdivision, and development permit applications will be evaluated using the
principles of the Municipal Development Plan.
1.2
AUTHORITY
1.2.1
The authority of the Town, in the adoption of this Bylaw, is authorized under the Act.
1.2.2
No person shall commence any development within the Town except in compliance with this
Bylaw.
1.2.3
This Bylaw is implemented to advance the vision, principles, and policies established in the
Municipal Development Plan and any other Statutory Plan or non-Statutory Plan.
1.3
APPLICABILITY
1.3.1
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the
Town, pursuant to Part 17 of the Act.
1.3.2
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any Statutory Plan.
1.3.3
Nothing in this Bylaw exempts a person from obtaining a development permit as required by
this or any other bylaw.
1.3.4
In addition to the requirements of this Bylaw, a person is required to comply with all federal,
provincial, and other municipal legislation.
1.3.5
The provisions for this Bylaw, when in conflict, shall take precedence over those of other
municipal bylaws.
1.4
TRANSITION
1.4.1
This Bylaw shall come into force and take effect on March 1, 2021. Land Use Bylaw 10-08,
as amended, is hereby repealed.
1.4.2
Applications for subdivision or development which were submitted prior to adoption of this
Bylaw shall be evaluated under the provisions of Land Use Bylaw 10-08, as amended.
1.4.3
Where a use designation in a previously approved Area Structure Plan or other Statutory
Plan does not align with the Land Use Districts of this Bylaw, an application for subdivision
or development shall be considered by the Development Authority and the most similar
Land Use District considered.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 7 of 136
2.
Maps and Overlays
2.1
LAND USE MAPS
2.1.1
The Town is hereby divided into the following eight (8) Land Use Districts:
Badlands District;
Rural Development District;
Countryside District;
Neighbourhood District;
Neighbourhood Centre District;
Downtown District;
Tourism Corridor District; and,
Employment District.
2.1.2
The Land Use Districts listed in Section 2.1.1 are delineated on the Palliser Web GIS Portal,
which shall be known as the "Land Use Map." For the most current interactive view of the
Land Use Districts scan the QR code below or enter the web address
https://gis.palliserwebmap.ca/ [Bylaw #16.22].
2.1.3
The Land Use Map may be amended or replaced by bylaw from time to time.
2.1.4
Where the location of a district boundary on the Land Use Map is not clearly understood, the
following rules shall apply:
A Land Use District boundary shown as running through the centre of a parcel, shall
be deemed to be following the nearest parcel boundary;
A Land Use District boundary shown as following a road, lane, railway, stream, or
canal shall be deemed to follow the centre line thereof; and,
[Removed by Bylaw #12.24].
A Land Use District boundary location which cannot be resolved shall be referred to
the Development Authority to decide on the boundary location.
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2.2
OVERLAYS OVERVIEW
2.2.1
Purpose:
The purpose of an overlay is to facilitate the implementation of specific goals and
objectives contained in the Municipal Development Plan, including protecting
development from environmental hazards and identifying opportunities for growth
and development.
The regulations established within an overlay apply in addition to the regulations of
the underlying Land Use District.
Only those regulations explicitly addressed in an overlay are impacted by the
overlay. All remaining regulations from the underlying Land Use District remain in
effect.
If there is a conflict between the regulations of an overlay and the underlying Land
Use District, the overlay shall take precedence.
Lands subject to an overlay are delineated on the Land Use Map, in accordance with
Section 2.1.2 of this Bylaw.
2.3
DEVELOPMENT OPPORTUNITY OVERLAY
2.3.1
General Intent:
To identify lands within the Town that are suitable for growth and development.
2.3.2
Uses and Regulations:
Uses lawfully existing at the date of adoption of this Bylaw are permitted to continue.
No subdivision or development is allowed without an approved Area Structure
Plan.
Following the approval of an Area Structure Plan by the Development Authority,
the uses and regulations of the underlying Land Use District shall apply.
2.4
WAYNE VALLEY NEIGHBOURHOOD OVERLAY
2.4.1
General Intent:
The following alternate regulations shall apply to all parcels located within the Wayne
Valley Neighbourhood Overlay. The purpose of the Wayne Valley Neighbourhood
Overlay is to retain the unique characteristics of the Wayne Valley.
2.4.2
Parcel Width Standards:
(1)
Parcel Width
No minimum.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 15 of 136
2.4.3
Setbacks for Principal Buildings:
(1)
Front Setback
Minimum 6.0 metres.
(2)
Secondary Front Setback
Minimum 4.5 metres.
(3)
Side Setback
Minimum 1.5 metres.
(4)
Rear Setback
Minimum 7.5 metres.
2.4.4
Setbacks for Accessory Buildings:
(1)
Front Setback
Minimum 6.0 metres.
(2)
Secondary Front Setback
Minimum 4.5 metres.
(3)
Side Setback
Minimum 1.0 metres.
(4)
Rear Setback
Minimum 7.0 metres.
2.4.5
Parcel Coverage Standards:
(1)
Parcel Coverage
No maximum.
2.4.6
Building Height Standards:
(1)
Parcel Coverage
Maximum 11 metres.
(2)
Accessory Building
Maximum 7.5 metres.
2.5
FLOOD HAZARD AREAS
2.5.1
[Removed by Bylaw 12.24]
2.5.2
General Intent:
To identify flood hazard areas within the Town and to regulate the use and
development of land within these areas.
For the purposes of this overlay, the flood hazard areas are:
(a)
Floodway;
(b)
Flood fringe;
(c)
Protected flood fringe; and
(d)
High hazard flood fringe.
2.5.3
General Regulation:
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 16 of 136
For parcels located in the flood hazard areas, the requirements of Section 2.5 apply
and prevail when there is any conflict between the requirements of this Section and
any other requirements of this Bylaw.
Each development and subdivision application shall be reviewed against the
Government of Alberta Flood Hazard Maps for a Design Flood that results in a
river flow rate of 1,850 m3/s, and against existing protection to confirm the suitability
of the site for development.
The elevation of the flood construction level is variable along the length of the
Valley and is determined by the Development Officer from the Government of
Alberta Flood Hazard Map as the highest elevation on the subject parcel, typically
found at the upstream boundary.
No new cemeteries shall be constructed within the flood hazard areas.
All electrical, heating, air conditioning, and other mechanical equipment shall be
located at or above the specified elevation of the flood construction level.
Storage of chemicals, explosives, flammable liquids, and/or toxic or waste materials
that cannot be readily removed in the event of a flood is prohibited.
All new buildings and structures within the flood hazard areas shall be setback by
a minimum of 7.5 metres from the toe or base of a flood mitigation structure.
No subdivision of any parcel greater than 1.2 hectares shall be approved unless
undertaken in conformity with an approved Area Structure Plan, or if the
development is considered infill.
No habitable area within a building or structure shall be constructed,
reconstructed, altered, moved, or extended below the specified elevation of the flood
construction level.
The minimum freeboard height that will be added to a flood mitigation structure
during a flood event will be 0.5 metres [Bylaw #12.24].
2.5.3.(1) Floodway Use and Regulations [Bylaw #16.22]:
For parcels located in the floodway on which a building exists and where the use of
that parcel has been previously approved, the use may continue as a permitted or
discretionary use provided that the use is listed in the Land Use District in which
the parcel is located.
The following uses shall be allowed in the floodway, when listed as a permitted use
or discretionary use in the underlying Land Use District:
(a)
Agriculture - general;
(b)
Recreation - non-intensive;
(c)
Natural areas;
(d)
Parks; and,
(e)
Public utilities.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 17 of 136
No development shall be allowed within the floodway that has the potential to
increase the obstruction of floodwaters or potential for a detrimental effect on the
hydrological system, water quality, or on existing development.
New development and structural alterations to existing development is not allowed
except to:
(a)
Accommodate public utilities, including flood mitigation structures and
erosion control measures;
(b)
Replace an existing building or structure on the same location and
footprint, and for the same use, provided that the flood hazard can be
overcome, as demonstrated by a member in good standing of the
Association of Professional Engineers and Geoscientists of Alberta
(APEGA), and in a manner that is acceptable to the Town, including meeting
flood construction level requirements; and
(c)
Renovate an existing building or structure, provided that:
i.
there is no increase to the floor area below the flood construction
level;
ii.
the renovation does not create a new dwelling unit; and,
iii.
the renovation may not construct decks, docks, fences, patios, walls,
riprap or other obstructions unless being constructed by or on behalf of
the Town for the purpose or erosion control where the primary
purpose it to protect public infrastructure.
2.5.4
Flood Fringe Use and Regulations [Bylaw # 12.24]
For lands within the flood fringe, the permitted uses and discretionary uses listed
in the underlying Land Use District shall apply.
All buildings in the flood fringe must be designed in the following manner:
(a)
The first floor of all buildings must be constructed at or above the flood
construction level;
(b)
All electrical and mechanical equipment within a building shall be located at
or above the flood construction level; and
(c)
A sewer back-up valve must be installed in every building.
The rules regarding building design referenced in subsection (2) do not apply to:
(a)
An addition that does not increase the gross floor area of the building by
more than 20% of the gross floor area legally existing as of March 1, 2021;
and,
(b)
A fence, gate, deck, landing, patio, ramp, air conditioning unit, satellite dish,
hot tub, and/or above or in-ground private swimming pool.
No habitable area within a building or structure shall be constructed, reconstructed,
altered, moved, or extended below the specified elevation of the flood construction
level.
Building height shall be measured from the specified elevation of the flood
construction level.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 18 of 136
An application for a development permit for a parcel located within the flood fringe
must be accompanied by a report prepared by a member in good standing of the
Association of Professional Engineers and Geoscientists of Alberta (APEGA),
demonstrating how the regulations of the Flood Hazard and the flood construction
level are met.
All buildings must be set back 6.0 metres from the edge of the floodway.
Only those goods that are easily moveable may be stored on a parcel in the flood
fringe.
2.5.5
[Removed by Bylaw #12.24]
2.5.6
Protected Flood Fringe Use and Regulations [Bylaw #16.22]
For lands within the protected flood fringe, the permitted uses and discretionary
uses listed in the underlying Land Use Districts shall apply.
[Removed by #Bylaw 12.24]
The first floor of all buildings shall be constructed with first floor to the 1:20 year
flood, as determined by the Government of Alberta Flood Hazard Maps.
Notwithstanding Section 2.5.3(7), a new building constructed on the foundation of
an original building must maintain the original setback to the flood mitigation
structure.
2.5.7
High Hazard Flood Fringe Use and Regulations [Bylaw #12.24]
For parcels located within the high hazard flood fringe on which a building exists
and where the use of that parcel has been previously approved, the use may
continue as a permitted or discretionary use provided that the use is listed in the
Land Use District in which the parcel is located.
The following uses shall be allowed in the high hazard flood fringe, when listed as
a permitted use or discretionary use in the underlying Land Use District:
(a)
Agriculture - general;
(b)
Recreation - non-intensive;
(c)
Natural areas;
(d)
Parks; and,
(e)
Public utilities.
No development shall be allowed within the high hazard flood fringe that has the
potential to increase the obstruction of floodwaters or potential for a detrimental effect
on the hydrological system, water quality, or on existing development.
New development and structural alterations to existing development is not allowed
except to:
(a)
Accommodate public utilities, including flood mitigation structures and
erosion control measures;
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 19 of 136
(b)
Replace an existing building or structure on the same location and
footprint, and for the same use, provided that the flood hazard can be
overcome, as demonstrated by a member in good standing of the
Association of Professional Engineers and Geoscientists of Alberta, and in a
manner that is acceptable to the Town, including meeting flood
construction level requirements; and,
(c)
Renovate an existing building or structure, provided that:
i.
there is no increase to the floor area below the flood construction
level;
ii.
the renovation does not create a new dwelling unit; and,
iii.
the renovation may not construct decks, docks, fences, patios, walls,
riprap or other obstructions unless being constructed by or on behalf
of the Town for the purpose or erosion control where the primary
purpose it to protect public infrastructure.
Notwithstanding Sections and 2.5.7(3) and 2.5.7(4), the Development Authority
may approve a proposed development if it is determined by a member in good
standing of the Association of Professional Engineers and Geoscientists of Alberta
(APEGA) that the flood hazard can be overcome in a manner that is acceptable to
the Town.
2.6
MANUFACTURED HOME PARK STANDARDS [BYLAW #16.22]
2.6.1
General Intent:
Establish specific regulations for the placement of dwelling units - manufactured
within an approved manufactured home park.
2.6.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Residential
Dwelling Unit -
Manufactured
(2)
Commercial
Home Occupation - Basic
Home Occupation - Urban
Retail and Service -
General
(3)
Institutional
Recreation - Non-Intensive
(4)
Other Uses
Accessory Building or
Structure
Accessory Building -
Portable
2.6.3
Parcel Standards:
(1)
Site Area
Maximum site area of 5.0 acres.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 20 of 136
(2)
Density
Maximum of ten (10) units per acre.
(3)
Lot Area
325 square metres for single wide dwelling
units - manufactured.
370 square metres for double wide dwelling
units - manufactured.
(4)
Building Height Standards
5.0 metres for dwelling units -
manufactured.
5.0 metres for accessory buildings.
Other uses at the discretion of the
Development Authority.
2.6.4
Setbacks for Manufactured Homes:
(1)
Front Setback
Minimum 3.0 metres from any internal road or common
parking area.
(2)
Secondary Front Setback
Minimum 3.0 metres from any internal road or common
parking area.
(3)
Side Setback
Minimum 1.2 metres.
(4)
Rear Setback
Minimum 1.2 metres.
(5)
Other Setbacks
Minimum 4.5 metres between each dwelling
unit - manufactured including any porch or
addition.
Minimum 10.5 metres from a boundary of a
manufactured home park abutting a public
street or highway and 3.0 metres from other
manufactured home park boundaries.
Setbacks shall be landscaped and or
screened and protected from any further
development.
2.6.5
Parking, Roads and Walkways:
(1)
Vehicle Parking
No on-street parking shall be permitted.
A minimum of one (1) parking stall shall be
provided on each lot.
Visitor parking shall consist of one (1) off-
street parking stall for every four (4) lots.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 21 of 136
Visitor parking shall be dispersed throughout
the park and shall be clearly identified.
(2)
Roads and Walkways
All roads in the manufactured home park
shall be paved and constructed to the
specifications of the Town.
Internal pedestrian walkways shall be hard-
surfaced and have a minimum width of 1.5
metres.
Each lot shall abut a park roadway and have
an access way with a minimum width of 4.3
metres.
The removal of snow from all internal
pedestrian walkways, roads and communal
parking stalls, shall be the responsibility of
the manufactured home park owner.
2.6.6
Landscaping Standards:
(1)
General Landscaping
Standards
Each application for a manufactured home park
shall be accompanied by a landscaping and site
development plan.
2.6.7
Additional Standards:
(1)
General Additional
Standards
No accessory building or use shall be
located in the front yard of a lot.
A screened storage compound shall be
provided for trucks, campers, travel trailers,
snowmobiles, boats, and other large vehicles
at a location and in a manner satisfactory to
the Development Authority.
All public utility lines shall be placed
underground.
A minimum of 10% of the total area of the
manufactured home park shall be set aside
for recreational uses.
Identification and directional signs shall be of
a size, height and type satisfactory to the
Development Authority.
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Page 22 of 136
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3.
Land Use Districts
3.5
RULES THAT APPLY TO ALL LAND USE DISTRICTS
3.5.1
Specific Use Standards:
(1)
Accessory Buildings
No accessory building shall be used as a
dwelling unit unless the building meets the
requirements of this Bylaw.
A structure which is attached to the
principal building by a roof, floor, or a
foundation is not an accessory building, it
is considered part of the principal building
and shall comply with all requirements
applicable to the principal building.
No accessory buildings or uses shall be
located in the front yard of a residential
use; the Development Authority may
permit the development of an accessory
building and/or use in the front yard under
special circumstances dictated by site
conditions [Bylaw #16.22].
An accessory building shall be located at
least 2.0 metres from any principal building
[Bylaw #16.22].
In a Residential Land Use District, an
existing principal building must be present
on a parcel before an accessory building
can be developed [Bylaw #12.24].
(2)
Accessory Buildings -
Portable [Bylaw #18.21]
Shall meet the setback requirements for an
accessory building in the appropriate Land
Use District.
May only be erected between October and
April unless otherwise approved by the
Development Authority.
Floor area shall not exceed 18 square metres
[Bylaw #16.22].
(3)
Adult Entertainment
The maximum use area shall be 550 square
metres.
Shall not include any exterior display related
to the use.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 28 of 136
(4)
Bed & Breakfast
Shall only be developed in a dwelling unit.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
Bed & Breakfast establishments shall
conform to the following, or the Alberta
Building Code, whichever is greater [Bylaw
#16.22]:
i.
no cooking facilities in guest rooms;
ii.
minimum room size of 7.0 square
metres per single occupant and 4.0
square metres per person for multiple
occupants;
iii.
window compulsory for guest room;
iv.
sanitation and potable water, as
required by Health Unit;
v.
smoke alarms required for each level
of the building; and,
vi.
portable fire extinguisher required for
each level of the building.
(5)
Campground
Where possible, existing topography and
natural features such as tree stands shall be
integrated in the site design.
The whole site perimeter shall be
landscaped sufficiently at the discretion of
the Development Authority.
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Page 29 of 136
(6)
Drive Through Facility
May have outdoor speakers provided they
are:
i.
not located within 20 metres of a parcel
boundary of any parcel designated
Neighbourhood District, Neighbourhood
Centre District, or Countryside District; or
ii.
separated from a parcel boundary of
any parcel designated Neighbourhood
District, Neighbourhood Centre District, or
Countryside District by a building; and,
iii. appropriately screened and/or designed
so that the noise from the speaker does
not adversely affect adjacent parcels
with residential uses at the discretion of
the Development Authority [Bylaw #16.22].
Drive through aisles shall be appropriately
screened from adjacent residential uses
[Bylaw #16.22].
Shall not have any drive through aisles in a
setback area.
Shall not have pedestrian access that
crosses a drive through aisle.
Shall provide queuing space for five (5)
vehicles on site per order board or order
window at the discretion of the Development
Authority [Bylaw #16.22].
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Page 30 of 136
(7)
Fences [Bylaw #16.22]
No fence, wall, tree, hedge or other
structure, object, or plant exceeding 1.2
metres in height shall be permitted within the
corner visibility triangle.
Materials used to construct fences can be
wood, brick, stone, concrete, metal, vinyl, or
other professionally finished materials at the
discretion of the Development Authority.
Barbed wire and/or electric fences are
prohibited in all Residential Land Use
Districts; all other Land Use Districts shall
be considered at the discretion of the
Development Authority.
Fences shall not alter or disrupt the drainage
pattern as established in an approved
stormwater management plan.
(8)
Home Occupation - Basic
Shall not employ any person not residing in
the dwelling unit.
No client or customer visits are permitted.
Shall be contained within the principal
building.
Outdoor storage of materials, commodities,
or finished products related to the use is
prohibited.
No signs are permitted.
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Page 31 of 136
(9)
Home Occupation - Rural
Shall not employ more than ten (10) people
not residing in the dwelling unit.
May include a day home.
Outdoor storage of materials, commodities,
or finished products related to the use is
permitted.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
A development permit for a home
occupation - rural may be revoked at any
time if, in the opinion of the Development
Authority, the operator of the home
occupation - rural has violated any
provisions of the Bylaw and/or the conditions
of the development permit.
If the holder of any home occupation - rural
development permit relocates within the
Town, a new development permit is
required for the new location [Bylaw #18.21].
(10)
Home Occupation - Urban
Shall not employ more than four (4) people
not residing in the dwelling unit.
May include a day home.
Outdoor storage of materials, commodities,
or finished products related to the use is
prohibited.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
A development permit for a home
occupation - urban may be revoked at any
time if, in the opinion of the Development
Authority, the operator of the home
occupation - urban has violated any
provisions of the Bylaw and/or the conditions
of the development permit.
If the holder of any home occupation -
urban development permit relocates within
the Town, a new development permit is
required for the new location [Bylaw #18.21].
(11)
Industrial Uses
Industrial uses on parcels that do not have
lane access must provide a minimum 4.5
metres side setback on one (1) side of the
parcel.
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(12)
Kennel
Must be a minimum of 150 metres from an
approved dwelling unit at the time of
approval of the kennel use unless the
dwelling unit is located on the same parcel
as the kennel [Bylaw #16.22].
A development permit for a kennel shall
only be approved for a term not exceeding
three (3) years.
Upon expiration of a development permit, a
new application shall be evaluated with
consideration of any prior complaints and/or
nearby intensification of Residential Land
Use Districts.
All animals shall be kept indoors during quiet
hours in accordance with the Town of
Drumheller Community Standards Bylaw
06.19 as amended from time to time, and its
successor legislation [Bylaw #16.22].
(13)
Recreation Vehicle Resort
Where possible, existing topography and
natural features such as tree stands shall be
integrated in the site design.
The whole site perimeter shall be
landscaped sufficiently at the discretion of
the Development Authority.
No recreation vehicle shall be located
elsewhere than on a designated recreation
vehicle parcel.
Only one (1) recreation vehicle is permitted
to be located on a designated recreation
vehicle parcel.
A designated recreation vehicle parcel shall
be a minimum 140 square metres in size.
A maximum of sixty-two (62) designated
recreation vehicle parcels shall be
permitted per gross developable hectare.
(14)
Restricted Substance
Retail [Bylaw #18.21]
[Removed by Bylaw #12.24]
Restricted substance retail for the sale of
liquor shall not be located closer than 150
metres to any school at the time of the
development permit application as
measured from the closest point of the
subject parcel boundary to the closest point
of proposed parcel boundary.
Restricted substance retail for the sale of
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Consolidated to include amendments June 03, 2024
Page 33 of 136
liquor shall not be located within 300 metres
of any other liquor store, when measured
from the closest point of an existing liquor
store to the closest point of the proposed
liquor store.
(15)
Storage Structure [Bylaw
#18.21]
A storage structure shall meet the setback
requirements for an accessory building in
the appropriate Land Use District.
A storage structure shall not be permitted
on parcels that contain a residential use.
A storage structure shall be screened from
view and may require exterior finishing to be
in general conformance with the principal
building or surrounding development.
Shall not be used as a sign.
A storage structure may be approved on a
temporary basis at the discretion of the
Development Authority.
A storage structure shall be for cold
storage only and shall not connect to public
utilities [Bylaw #16.22].
(16)
[Removed by Bylaw #12.24]
(17)
[Removed by Bylaw #12.24]
(18)
[Removed by Bylaw #12.24]
(19)
Wind Energy System
Wind energy systems shall not exceed 25
metres in height unless otherwise approved
by the Development Authority.
(20)
Solar Energy System -
Freestanding [Bylaw
#12.24]
Is considered an accessory building and
must abide by the standards of Section 3.1.1
(1).
Shall not be located in the front yard,
secondary front yard, or side yard of the
parcel.
Shall not exceed a maximum height of 1.8
metres from the grade.
Shall be screened from adjacent parcels
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Page 34 of 136
with a fence or landscaping.
Shall be positioned in a manner to not direct
glare onto an adjacent parcel or right-of-
way.
(21)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.0 metres above
the roof line in Residential Land Use
Districts.
Shall not project more than 1.8 metres above
the roof line in all other Land Use Districts.
The attachment of a solar energy device to a
principal or accessory building shall not
exceed the maximum building height of the
applicable Land Use District.
Solar energy devices attached to a principal
or accessory building should be integrated
with the roof of the structure.
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Page 35 of 136
3.5.1.(1)
Specific Design Standards - Dwelling Units:
(1)
Dwelling Unit - Garden
[Bylaw #16.22]
Only one shall be permitted per parcel and
must be detached from the principal
building as a standalone structure, or as a
dwelling unit (loft) above an accessory
building. Dwelling units attached to an
existing principal building in any manner
shall be considered a dwelling unit -
secondary suite.
[Removed by Bylaw #12.24].
The subdivision of the property to create
two (2) parcels, one for the principal
building and one (1) for the dwelling unit -
garden is prohibited.
Shall be restricted to a single-storey
dwelling unit with a maximum height of five
(5) metres).
(d.1) Notwithstanding subsection e), a dwelling
unit - garden may be located in the loft of
an accessory building, which may include
an attached single car garage.
With all applications, Development
Authority will take into consideration the
potential effect of the development on the
privacy of adjacent parcels in regard to
such potential issues as window placement,
landings for entrances, outdoor amenity
space, and building height.
Shall be designed to complement the
existing principal building on the site. The
appearance and quality of the finishing
materials of the dwelling unit - garden must
reflect the fact that it is a dwelling unit.
Shall be separated from the principal
building by a minimum of 4.0 metres and a
minimum of 1.2 metres from all other
accessory buildings.
Rear setbacks and side setbacks must
meet requirements for accessory buildings.
Only one (1) servicing connection per public
utility will be permitted (water, sewer) per
parcel. The public utilities must be first
connected to the principal building, and then
fed to the dwelling unit - garden.
Installation of all services and public utilities
are at the cost of the developer.
Shall not be constructed within the front yard
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Page 36 of 136
of the principal building.
All parcels with a dwelling unit - garden
shall have a driveway that provides access
to the dwelling unit - garden from the side
yard or rear yard.
Shall only be permitted to have one (1) civic
address.
May take the form of a dwelling unit -
manufactured, but must be designed to
complement the existing principal building.
(2)
Dwelling Unit -
Manufactured [Bylaw
#16.22]
Will be a discretionary use unless
established within a manufactured home
park defined under this Bylaw.
[Removed by Bylaw #12.24]
In determining the suitability of a dwelling
unit - manufactured for placement on a
parcel, consideration shall be given to its
condition and appearance in context with the
adjacent parcels.
The undercarriage of a dwelling unit -
manufactured shall be screened from view
by the foundation or by skirting within thirty
(30) days of placement of the dwelling unit
- manufactured.
All accessory structures such as stairways
and landings, patios, decks, and skirting
shall be of complementary quality and design
to the dwelling unit - manufactured.
All dwelling unit - manufactured shall be
provided with stairways and landings to all
entrances within forty-five (45) days of their
placement.
(3)
Dwelling Unit --
Secondary Suite
[Bylaw #16.22]
A maximum of one (1) dwelling unit -
secondary suite may be permitted per
parcel where a dwelling unit - single
detached exists.
A separate entrance door to a dwelling unit
- secondary suite shall not be located on
any front façade of a building facing a public
street. Notwithstanding this, a single-entry
door providing access to an enclosed,
shared landing area from which both the
principal dwelling unit and the dwelling
unit - secondary suite gain access, may be
located on any front of a building facing a
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Consolidated to include amendments June 03, 2024
Page 37 of 136
public street.
A principal building containing a dwelling
unit - secondary suite may not be
converted into condominiums.
[Removed by Bylaw #12.24]
A dwelling unit - secondary suite shall
have a maximum of two (2) bedrooms.
A dwelling unit - secondary suite shall not
be permitted on the same parcel as a bed
and breakfast establishment or home
occupation.
(4)
Relocation of Buildings
A development permit shall be required for
the relocation of any building to any parcel
in the Town, except when exempted in
accordance with Section 5.10.
A development permit for the relocation of a
building may include the following
conditions of approval:
i.
the building and the proposed
location of the building meets the
requirements of the Land Use District
in which the building is to be
relocated to;
ii.
the building is compatible with the
character of the neighbourhood in
which the building is to be relocated
to; and,
iii.
the building be renovated to a
satisfactory condition within a
specified time.
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Consolidated to include amendments June 03, 2024
Page 38 of 136
3.5.2
Development Near Steep Slopes:
(1)
General Provisions [Bylaw
#12.24]
A geotechnical slope assessment report
prepared by a qualified Geotechnical
Engineer is required for all proposed
development adjacent to river valley, bench
and coulee slopes; unless otherwise
determined by the Development Authority.
The Development Authority may increase
the setbacks established in the section
3.5.2(2) and 3.5.2(3) at their discretion based
on the evidence submitted in a geotechnical
slope assessment.
(2)
Toe of Slope Setback
[Bylaw #12.24]
Unless otherwise determined by the
Development Authority, the minimum
setback from the toe of slopes shall be as
follows:
i.
9.1 metres, when the height of the
slope is greater than 3.2 metre; or,
ii.
one-third (1/3) the height of the slope,
from the point where the slope begins
to rise steeper than 33%, when a
slope is steeper than 33% and higher
than 27.4 metres.
(3)
Top of Slope Setback
[Bylaw #12.24]
Unless otherwise determined by the
Development Authority, the minimum
setback from the front edge top of slopes,
shall be as follows:
i.
22.8 metres, when the average height of
the slope is between 0.0 and 15.4 metres;
ii.
45.7 metres, when the average depth of
the valley is between 15.5 metres and
30.5 metres; and,
iii.
61 metres, or the height of the slope,
whichever is greater, when the average
depth of the valley is more than 30.5
metres.
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3.5.3
Development on Land Subject to Undermining or Subsidence Conditions:
Prior to issuing a development permit, approving an application to amend this
Bylaw, approving an application for subdivision, or approving an application to
amend a Statutory Plan for land which has potential undermining or subsidence
conditions, the Development Authority may require a geotechnical study prepared
by a member in good standing of the Association of Professional Engineers and
Geoscientists of Alberta (APEGA).
3.5.4
Development on Land Containing or Potentially Containing Historic and/or Palaeontological
Resources:
Prior to issuing a development permit, approving an application to amend this
Bylaw, approving an application for subdivision, or approving an application to
amend a Statutory Plan for land that contains or may contain historic resources,
including palaeontological resources, the Development Authority shall ensure that
appropriate provincial approval has been obtained as per the Historical Resources
Act.
If a historic resource, such a palaeontological resource, is found during the course
of development activities, all development activities must cease and the resource
must be reported immediately to the Province as per the Historical Resources Act,
even if the Historical Resource Act approval was already issued for the
development.
3.5.5
Design, Character, and Appearance of Buildings and Landscaping:
The design, siting, external finish, architectural appearance, and landscaping of any
building or structure requiring a development permit shall be to the satisfaction of
the Development Authority having due regard to:
(a)
The policies and objectives contained within the Town's Statutory Plans;
(b)
The character of existing development in this Land Use District;
(c)
The effect on adjacent Land Use District(s) and parcels;
(d)
The effect on natural site features, views, streetscapes, mobility, and
historic resources; and,
(e)
Other factors such as sunlight and privacy.
The quality and extent of landscaping established on a site, as per an approved
development permit, shall be the minimum standard to be maintained on the site for
the life of the development. Soft landscaping shall be maintained in a healthy living
condition, and any tree or shrub, required to meet the minimum standards of this
Bylaw, that does not survive, or becomes diseased, shall be replaced in the next
growing season.
3.5.6
Objects Prohibited or Restricted in Yards [Bylaw #16.22]:
No persons shall allow a vehicle for stock car races, a vehicle which has all or part of
its superstructure removed, or a vehicle which is in a dilapidated or unsightly
condition to remain or be parked on a parcel unless it is suitably housed or
screened to the satisfaction of the Development Authority.
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Page 40 of 136
Not more than two (2) recreational vehicles shall be stored or parked on a parcel
unless associated with an approved retail and service - heavy development.
Where possible all recreational vehicle shall be stored to the rear of a parcel.
[Removed by Bylaw #12.24]
[Removed by Bylaw #12.24]
[Removed by Bylaw #12.24]
Industrial and commercial equipment including vehicles shall not be stored on within
50 metres of a parcel with a residential use unless screened to the satisfaction of
the Development Authority.
No person shall keep or permit in any part of a yard in any Residential Land Use
District:
(a) Any dilapidated vehicle for more than fourteen (14) days;
(b) No more than one (1) unregistered/uninsured vehicle shall be kept on a parcel
that contains a residential use and it shall not be located within the front
yard;
(c) Any object or chattel which, in the opinion of the Development Authority, is
unsightly or tends to adversely affect the amenities of the Land Use District;
and,
(d) Any excavation, storage or piling up of material required during the
construction stage unless all safety measures are undertaken; the owner of
such materials or excavations assumes full responsibility to ensure the
situation does not prevail any longer than reasonably necessary to complete a
particular stage of construction work.
3.5.7
Special Requirements [Bylaw #16.22]:
All private sewage systems shall comply with setback provisions of the Alberta
Private Sewage Systems Standard Practice.
The Development Authority may prescribe screening and landscaping
requirements for any development.
Garbage and waste material must be stored in weather and animal proof containers
and screened from adjacent sites and public thoroughfares.
[Removed by Bylaw #12.24]
3.5.8
Architectural Controls and Guidelines [Bylaw #16.22]:
In addition to the rules for permitted and discretionary uses in the respective Land
Use District, the Town may impose conditions on a development permit, as
provided for in Architectural Guidelines, attached to the Certificate of Title by caveat.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 41 of 136
3.6
BADLANDS DISTRICT
3.6.1
General Intent:
To protect, conserve, and enhance natural areas and their scenic or aesthetic values,
and retain a healthy ecological function throughout the Valley. The Badlands District
consists of lands that remain in or are reverting to a wilderness condition, including
lands unsuitable for development due topography, hydrology, or vegetation.
3.6.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Agricultural
Agriculture - Pasturage
(2)
Institutional
Recreation - Non-intensive
3.6.3
[Removed by Bylaw #12.24]
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Page 42 of 136
3.7
RURAL DEVELOPMENT DISTRICT
3.7.1
General Intent:
To support agricultural activities throughout the Valley while also enabling low
density residential and supportive commercial and institutional uses.
3.7.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Residential
[Bylaw #16.22]
Dwelling Unit - Single
Detached
Dwelling Unit -
Secondary Suite
Dwelling Unit -
Manufactured
Dwelling Unit - Garden
Manufactured Home Park
(2)
Lodging
Bed & Breakfast
Campground
Recreation Vehicle Resort
(3)
Commercial
Artist Studio
Home Occupation - Rural
Home Occupation - Basic
Restaurant/Café
Kennel
(4)
Institutional
Recreation - Non-Intensive
After Life Care
Cemetery
Culture
Government
Human Services
Recreation - Intensive
(5)
Agricultural
Agriculture - General
Agriculture - Intensive
(6)
Other Uses
Accessory Building
Accessory Building -
Portable
Solar Energy System -
Freestanding
Solar Energy System -
Rooftop
Storage Structure
Billboard Sign
Freestanding Sign
Projecting Sign
Wind Energy System
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Consolidated to include amendments June 03, 2024
Page 43 of 136
Fascia Signs are considered
a permitted use when
associated with an approved
Lodging, Commercial, or
Institutional development on
the same parcel. [Bylaw
#16.22]
3.7.3
Specific Use Standards:
(1)
Accessory Buildings
An accessory building shall be located a
minimum of 4.5 metres from any principal
building.
(2)
[Removed by Bylaw #12.24]
(3)
Dwelling Unit -
Manufactured
[Bylaw #16.22]
The minimum width of a dwelling unit -
manufactured shall be 7.3 metres.
Dwelling unit - manufactured constructed
greater than ten (10) years from the time of
development permit application may only
be approved at the discretion of the
Development Authority.
The massing, design and appearance of a
dwelling unit - manufactured shall be
consistent with adjacent development to
the satisfaction of the Development
Authority, and may be required to include
enhanced design elements that add visual
interest such as:
i.
a porch or veranda on the front
façade;
ii.
horizontal wall articulation on the front
façade;
iii.
the use of thick columns or brackets
on roof overhangs;
iv.
dormers, gables, cross gables or
varied pitches for articulated roof
lines;
v.
large or bay windows on the front
façade, with strong window trim;
vi.
architectural features or other detailing
over entrances;
vii.
changes in exterior siding materials,
textures and colors to break up long
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Page 44 of 136
wall expanses; and,
viii. the use of trim and moldings that
contrast the exterior siding.
(3.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.8 metres above the
roof line of any principal or accessory building.
(4)
Additional Standards
No use shall cause or create any nuisance, by
way of noise, vibration, smoke, dust, fumes,
odors, heat, light, or traffic generation, at the
discretion of the Development Authority.
3.7.4
Parcel Width Standards:
(1)
Parcel Area
Minimum 2.0 acres.
(2)
Additional Parcel Width
Standards
There is no minimum parcel width for a recreation
vehicle resort.
3.7.5
Residential Density:
(1)
Residential Density
Maximum two (2) dwelling units per parcel.
3.7.6
Setbacks for Principal Buildings:
(1)
Front Setback
Minimum 7.5 metres from a Municipal road.
Minimum 40 metres from a Provincial road.
(2)
Secondary Front Setback
Minimum 7.5 metres from a Municipal road.
Minimum 40 metres from a Provincial road.
(3)
Side Setback
Minimum 5.0 metres.
(4)
Rear Setback
Minimum 15 metres.
(5)
Projections into Setbacks
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps;
ii.
signs;
iii.
fences;
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Page 45 of 136
iv.
eaves, chimneys, cantilevers, bay
windows, or other similar architectural
features may project up to 0.6 metres
into a front setback or side setback
and up to 1.5 metres into a rear
setback;
v.
balconies may project up to 1.5
metres into a front setback or rear
setback and may project into a side
setback, but must maintain a
minimum of 1.2 metres from the side
parcel boundary;
vi.
an unenclosed deck, porch or other
similar structure, below 0.6 metres in
height may project up to 75% into a
front setback or rear setback [Bylaw
#12.24]; and,
vii. an unenclosed deck, porch or other
similar structure, above 0.6 metres in
height may project up to 50% into a
front setback or rear setback [Bylaw
#12.24].
3.7.7
Setbacks for Accessory Buildings:
(1)
Front Setback
Minimum 7.5 metres from a Municipal road.
Minimum 40 metres from a Provincial road.
(2)
Secondary Front Setback
Minimum 7.5 metres from a Municipal road.
Minimum 40 metres from a Provincial road.
(3)
Side Setback
Minimum 4.5 metres.
(4)
Rear Setback
Minimum 7.5 metres.
3.7.8
Building Height Standards:
(1)
Principal Building
Maximum 14 metres.
(2)
Accessory Building
Maximum 11 metres.
(3)
Additional Building
Height Standards
There is no maximum building height for uses listed
in subsection 3.7.2(4).
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Page 46 of 136
Additional Standards
(1)
Subdivision
A development requiring subdivision shall
not be issued a development permit until
approval of the subdivision application by
the Subdivision Authority or, upon appeal,
the Subdivision and Development Appeal
Board.
A subdivision may require an approved Area
Structure Plan and/or concept plan at the
discretion of the Subdivision/Development
Authority [Bylaw #18.21].
(2)
Stormwater Management
Unless otherwise determined by the
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear lane, the street, and/or a
stormwater management system.
A stormwater management plan shall be
required for all subdivision and
development applications for uses listed in
subsection 3.7.2(3) and 3.7.2(4).
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3.8
COUNTRYSIDE DISTRICT
3.8.1
General Intent:
To provide opportunities for low density residential development and support
commercial uses in locations that enable a transition from rural to urban.
Development shall be rural in nature, with low density development on large
parcels. Dwelling unit - single detached uses and accessory buildings are the
predominant building form.
3.8.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Residential
[Bylaw #16.22]
Dwelling Unit -
Single Detached
Dwelling Unit -
Manufactured
Dwelling Unit -
Secondary Suite
Dwelling Unit - Garden
Manufactured Home Park
(2)
Lodging
Bed & Breakfast
Campground
Recreation Vehicle Resort
(3)
Commercial
Artist Studio
Home Occupation - Rural
Home Occupation - Basic
Kennel
Restricted Substance
Retail
Restaurant/Café
Retail & Service - General
(4)
Institutional
Culture
Education
Government
Health Services
Human Services
Recreation - Intensive
Recreation - Non-Intensive
Cemetery
(5)
Agricultural
Agriculture - General
(6)
Other Uses
Accessory Building
Accessory Building -
Freestanding Sign
Projecting Sign
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Page 48 of 136
Portable
Solar Energy System -
Freestanding
Solar Energy System -
Rooftop
Storage Structure
Fascia Signs are
considered a permitted use
associated with an approved
Lodging, Commercial, or
Institutional development
on the same parcel [Bylaw
#16.22].
3.8.3
Specific Use Standards:
(1)
[Removed by Bylaw #12.24]
(2)
Restaurant/Café
The maximum use area for a restaurant/café
is 300 square metres.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
(3)
Retail & Service
The maximum use area for retail & service is
300 square metres.
Permanent outdoor display, service, and/or
storage is not permitted.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
(4)
Dwelling Unit -
Manufactured
[Bylaw #16.22]
The minimum width of a dwelling unit -
manufactured shall be 7.3 metres.
A dwelling unit - manufactured
constructed greater than ten (10) years from
the time of development permit application
may only be approved at the discretion of the
Development Authority.
The massing, design and appearance of a
dwelling unit - manufactured shall be
consistent with adjacent development to
the satisfaction of the Development
Authority, and may be required to include
enhanced design elements that add visual
interest such as:
i.
a porch or veranda on the front
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 49 of 136
façade;
ii.
horizontal wall articulation on the front
façade;
iii.
the use of thick columns or brackets
on roof overhangs;
iv.
dormers, gables, cross gables or
varied pitches for articulated roof lines;
v.
large or bay windows on the front
façade, with strong window trim;
vi.
architectural features or other detailing
over entrances;
vii. changes in exterior siding materials,
textures and colors to break up long
wall expanses; and,
viii. the use of trim and moldings that
contrast the exterior siding.
(4.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.0 metres above the
roof line of any principal or accessory building.
(5)
Additional Standards
No use shall cause or create any nuisance, by
way of noise, vibration, smoke, dust, fumes,
odors, heat, light, or traffic generation, at the
discretion of the Development Authority.
3.8.4
Parcel Width Standards:
(1)
Parcel Area
Minimum 0.5 acres.
(2)
Additional Parcel Width
Standards
There is no minimum parcel width for a recreation
vehicle resort.
3.8.5
Residential Density:
(1)
Residential Density
Maximum two (2) dwelling units per parcel.
3.8.6
Setbacks for Principal Buildings:
(1)
Front Setback
Minimum 10 metres.
(2)
Secondary Front Setback
Minimum 7.5 metres.
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Consolidated to include amendments June 03, 2024
Page 50 of 136
(3)
Side Setback
Minimum 3.0 metres.
(4)
Rear Setback
Minimum 10 metres.
(5)
Projections into Setbacks
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps;
ii.
signs;
iii.
fences;
iv.
an unenclosed deck, porch or other
similar structure, below 0.6 metres in
height may project up to 75% into a
front setback or rear setback;
v.
an unenclosed deck, porch or other
similar structure, above 0.6 metres in
height may project up to 50% into a
front setback or rear setback;
vi.
eaves, chimneys, cantilevers, bay
windows, or other similar architectural
features may project up to 0.6 metres
into a minimum front setback or side
setback and up to 1.5 metres into a
minimum rear setback; and,
vii. balconies may project up to 1.5
metres in a front setback or rear
setback and may project into a side
setback, but must maintain a
minimum of 1.2 metres from the side
parcel boundary.
3.8.7
Setbacks for Accessory Buildings:
(1)
Front Setback
Minimum 10 metres.
(2)
Secondary Front Setback
Minimum 7.5 metres.
(3)
Side Setback
Minimum 3.0 metres.
(4)
Rear Setback
Minimum 10 metres.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 51 of 136
3.8.8
Parcel Coverage Standards:
(1)
Maximum Parcel Coverage
25%
3.8.9
Building Height Standards:
(1)
Principal Building
Maximum 14 metres.
(2)
Accessory Building
Maximum 7.5 metres.
(3)
Additional Building
Height Standards
There is no maximum building height for uses listed
in subsection 3.8.2(4).
3.8.10
Parking, Loading and Access Standards:
(1)
Bicycle Parking
Where bicycle parking is provided for uses listed
in subsection 3.8.2(3), bicycle parking shall be
located close to the entrance of the principal
building, but shall not impede pedestrian
circulation or access to the building.
(2)
Vehicle Parking
There is no minimum required number of
parking stalls for any development in the
Countryside District.
Surface parking areas shall not be allowed
unless associated with a development.
Any parking area having four (4) or more
parking stalls that are visible from an
adjacent parcel or road shall provide and
maintain landscaping along the perimeter of
the parking area.
3.8.11
Landscaping Standards:
(1)
General Landscaping
Standards
The front yard shall be landscaped with grass,
trees, shrubs, and/or flower beds. Areas of shale,
rock, or other hard landscaping may be
acceptable but shall not exceed 25% of the
landscaped area.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 52 of 136
3.8.12
Screening and Fences:
(1)
Screening
Garbage and waste material must be stored
in closed containers, and visually screened
from public roads, excluding lanes.
Outside storage of commercial materials and
equipment shall be visually screened from
adjacent parcels and public roads.
(2)
Fences [Bylaw #16.22]
A fence located in a front yard shall be a
maximum height of 1.2 metres.
All other fences shall be a maximum height of
1.8 metres.
No fence, wall, tree, hedge or other
structure, object, or plant exceeding 1.2
metres in height shall be permitted within the
corner visibility triangle.
3.8.13
Additional Standards:
(1)
Subdivision
A development requiring subdivision shall not
be issued a development permit until approval
of the subdivision application by the
Subdivision Authority or, upon appeal, the
Subdivision and Development Appeal Board.
(2)
Stormwater Management
Unless otherwise determined by the
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear lane, the street, and/or a
stormwater management system.
A stormwater management plan shall be
required for all subdivision and
development applications for uses listed in
3.8.2(3) and 3.8.2(4).
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 53 of 136
3.9
NEIGHBOURHOOD DISTRICT
3.9.1
General Intent:
To enable primarily ground-oriented residential development with an emphasis on
diverse, walkable neighbourhoods with varying built forms and housing typologies.
To achieve complete communities, as envisioned in the Municipal Development
Plan, select non-residential uses such as small-scale restaurants/cafés, offices,
home occupations, education, and personal services are allowed.
Development shall be predominantly residential and may have a wide range of
building types including single detached, duplex, rowhouses, and dwelling unit -
secondary suites. All development, regardless of use, shall have a built form that is
consistent with surrounding residential properties, with the exception of uses listed in
subsection 3.9.2(4).
3.9.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Residential
[Bylaw #16.22]
Dwelling Unit - Duplex
Dwelling Unit - Multi Unit
(Apartment)
Dwelling Unit - Multi Unit
(Attached)
Dwelling Unit -
Single Detached
Dwelling Unit -
Secondary Suite
Dwelling Unit -
Manufactured
Dwelling Unit - Garden
Manufactured Home Park
(2)
Lodging
Bed & Breakfast
Campground
(3)
Commercial
Artist Studio
Home Occupation - Urban
Home Occupation - Basic
Restricted Substance
Retail
Restaurant/Café
Retail & Service -
General Office
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 54 of 136
(4)
Institutional
Culture
Education
Government
Health Services
Human Services
Recreation - Non-Intensive
Recreation - Intensive
[Bylaw #16.22]
(5)
Other Uses
Accessory Building
Solar Energy System -
Freestanding
Solar Energy System -
Rooftop
Accessory Building -
Portable
Bench Sign [Bylaw #16.22]
Fascia Sign
Freestanding Sign
Projecting Sign
3.9.3
Specific Use Standards:
(1)
Restaurant/Café
The maximum use area for a
Restaurant/Cafés 300 square metres.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
(2)
Retail & Service
The maximum use area for retail & service is
300 square metres.
Permanent outdoor display, service, and/or
outdoor storage is not permitted.
One (1) sign is permitted, in accordance with
Part 4 of this Bylaw.
(3)
Dwelling Unit -
Manufactured
[Bylaw #16.22]
The minimum width of a dwelling unit -
manufactured shall be 7.3 metres.
Dwelling unit - manufactured constructed
greater than ten (10) years from the time of
development permit application may only be
approved at the discretion of the
Development Authority.
The massing, design and appearance of a
dwelling unit - manufactured shall be
consistent with adjacent development to the
satisfaction of the Development Authority,
and may be required to include enhanced
design elements that add visual interest such
as:
i.
a porch or veranda on the front
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 55 of 136
façade;
ii.
horizontal wall articulation on the front
façade;
iii.
the use of thick columns or brackets
on roof overhangs;
iv.
dormers, gables, cross gables or
varied pitches for articulated roof lines;
v.
large or bay windows on the front
façade, with strong window trim;
vi.
architectural features or other detailing
over entrances;
vii. changes in exterior siding materials,
textures and colors to break up long
wall expanses; and,
viii. the use of trim and moldings that
contrast the exterior siding.
(3.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.0 metres above the
roof line of any principal or accessory building.
(4)
Additional Standards
No use shall cause or create any nuisance, by
way of noise, vibration, smoke, dust, fumes,
odors, heat, light, or traffic generation, at the
discretion of the Development Authority.
3.9.4
Setbacks for Principal Building:
(1)
Front Setback
Minimum 3.0 metres.
Maximum 6.0 metres.
(2)
Secondary Front Setback
Minimum 3.0 metres
Maximum 6.0 metres.
(3)
Side Setback
Minimum 1.2 metres.
(4)
Rear Setback
Minimum 6.0 metres.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 56 of 136
(5)
Projections into Setbacks
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps;
ii.
signs;
iii.
fences;
iv.
an unenclosed deck, porch or other
similar structure, below 0.6 metres in
height may project up to 75% into a
front setback or rear setback;
v.
an unenclosed deck, porch or other
similar structure, above 0.6 metres in
height may project up to 50% into a
front setback or rear setback;
vi.
eaves, chimneys, cantilevers, bay
windows, or other similar architectural
features may project up to 0.6 metres
into a front setback or side setback
and up to 1.5 metres into a rear
setback; and,
vii. balconies may project up to 1.5
metres in a front setback or rear
setback and may project into a side
setback, but must maintain a
minimum of 1.2 metres from the side
parcel boundary.
3.9.5
Setbacks for Accessory Buildings:
(1)
Front Setback
Principal building front setback plus 1.0 metre.
(2)
Secondary Front Setback
Minimum 3.0 metres.
(3)
Side Setback
Minimum 1.2 metres.
(4)
Rear Setback
Minimum 1.2 metres.
3.9.6
Parcel Coverage Standards:
(1)
Maximum Parcel Coverage
70%
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 57 of 136
(2)
Accessory Building
Floor area of an accessory building must not
exceed 80% floor area coverage of the principal
building [Bylaw #16.22].
3.9.7
Building Height Standards:
(1)
Principal Building
Maximum 11 metres.
(2)
Accessory Building [Bylaw
#16.22]
Must not exceed height of principal
building.
Maximum of 7.5 metres, if associated with a
dwelling unit -garden.
Maximum 5.0 metres if not associated with a
dwelling unit - garden.
Must not have overhead doors greater that
3.0 metres in height.
(3)
Additional Building Height
Standards
There is no maximum building height for uses listed
in subsection 3.9.2(4).
3.9.8
Parking, Loading, and Access Standards:
(1)
Bicycle Parking
Where bicycle parking is provided for uses
listed in subsection 3.9.2(3), bicycle parking
shall be located close to the entrance of the
principal building, but shall not impede
pedestrian circulation or access to the
building.
Where bicycle parking is provided for uses
listed in subsection 3.9.2(1), bicycle parking
shall be located and secured within a
principal building or accessory building.
(2)
Vehicle Parking
There is no minimum required number of
parking stalls for any development in the
Neighbourhood District.
Parking areas and/or structures shall be
located to the side or rear of a building, or
underground, wherever possible.
Surface parking areas and/or parking
structures shall not be allowed unless
located on the same parcel as a
development.
Any parking area having four (4) or more
parking stalls that are visible from an
adjacent parcel or road shall provide and
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 58 of 136
maintain landscaping along the perimeter of
the parking area.
Any parking area containing ten (10) or more
parking stalls shall provide and maintain
landscaping in the internal parking area and
along the perimeter of the parking area.
(3)
Vehicle Access
Where a parcel shares a parcel boundary
with a lane, all access to the parcel must be
from the lane.
Where a corner parcel shares a parcel
boundary with a lane, access may be either
from the lane or the street.
In the absence of a lane, access should be
from the secondary front yard. Where
access from a secondary front yard is not
possible, access may be located on the
front yard.
Parcels shall have two (2) or more access
points in order to provide adequate egress in
the event of an emergency.
3.9.9
Landscaping Standards:
(1)
General Landscaping
Standards
The front yard shall be landscaped with grass, trees,
shrubs, and/or flower beds. Areas of shale, rock, or
other hard landscaping may be acceptable but shall
not exceed 25% of the landscaped area.
(2)
Landscaped Area
All portions of a parcel not covered by structures,
parking, or vehicular circulation areas shall be
landscaped.
(3)
Number of Trees
The minimum number of trees required for a
residential development shall be one (1) tree
per 45 square metres of landscaped area,
or a minimum of two (2) trees per parcel,
whichever is greater.
The minimum number of trees required for a
mixed-use or commercial development shall
be one (1) tree per 35 square metres of
landscaped area.
(4)
Tree Size
Minimum height of 2.0 metres or 40 millimetres in
caliper.
(5)
Number of Shrubs
The minimum number of shrubs required for a
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 59 of 136
development shall be one (1) shrub per 15 square
metres of landscaped area.
3.9.10
Screening, Fences, and Hedges:
(1)
Screening
Garbage and waste material must be stored
in closed containers, and visually screened
from public roads, excluding lanes.
Outdoor storage of commercial materials
and equipment shall be visually screened
from adjacent parcels and public roads.
(2)
Fences and Hedges
[Bylaw #16.22]
A fence or hedge located in a front yard or a
secondary front yard shall be a maximum
height of 1.2 metres.
All other fences or hedges shall be a
maximum height of 1.8 metres.
[Removed by Bylaw #12.24]
[Removed by Bylaw #12.24]
No fence, wall, tree, hedge or other
structure, object, or plant exceeding 1.2
metres in height shall be permitted within the
corner visibility triangle.
3.9.11
Additional Standards:
(1)
Subdivision
A development requiring subdivision shall not be
issued a development permit until approval of the
subdivision application by the Subdivision
Authority or, upon appeal, the Subdivision and
Development Appeal Board.
(2)
Stormwater Management
Unless otherwise determined by the
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear, the street, and/or a
stormwater management system.
A stormwater management plan shall be
required for all subdivision and
development applications for uses listed in
the subsection 3.9.2(3) and 3.9.2(4).
3.9.12
[Removed by Bylaw #12.24]
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 60 of 136
3.10
NEIGHBOURHOOD CENTRE DISTRICT
3.10.1
General Intent:
To provide opportunities for focused community activity that functions as the social
and economic heart of a neighbourhood. Development supports a high-quality
pedestrian experience and thriving small business environment. Buildings should be
oriented towards the street, with the possibility of having residential uses located on
upper floors and commercial uses at grade.
3.10.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Residential
[Bylaw #16.22]
Dwelling Unit - Duplex
Dwelling Unit - Multi Unit
(Apartment)
Dwelling Unit - Multi Unit
(Attached)
Dwelling Unit -
Single Detached
Dwelling Unit - Secondary
Suite
Dwelling Unit -
Manufactured
Dwelling Unit - Garden
Residential Mixed-Use
Development
(2)
Lodging
Bed & Breakfast
Hotel/Motel
(3)
Commercial
Artist Studio
Entertainment Facility
Home Occupation - Urban
Home Occupation - Basic
Restaurant/Café
Retail & Service - General
Office
Car Wash
Gas Station
Restricted Substance
Retail
Drinking Establishment
(4)
Institutional
Culture
Education
Government
Health Services
Human Services
Recreation - Non-Intensive
Recreation - Intensive
[Bylaw #16.22]
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 61 of 136
(5)
Other Uses
Accessory Building
Solar Energy System -
Freestanding
Solar Energy System -
Rooftop
The following signs are
considered a permitted use
when associated with an
approved Lodging,
Commercial, or Institutional
development on the same
parcel [Bylaw #16.22].
A-Board Sign
Fascia Sign
Freestanding Sign
Projecting Sign
Accessory Building -
Portable
Portable Sign
Storage Structure
3.10.2.(1)
Specific Use Standards:
(1)
Car Wash
Minimum site area shall be 550 square
metres and shall accommodate queuing
space for two (2) vehicles prior to entering
the washing area and queuing space for one
(1) vehicle upon leaving the washing area.
Shall be limited to the washing of vehicles
with a gross vehicle weight of 4,000
kilograms or less.
(2)
Gas Station
Shall only be located at the intersection of
two (2) or more streets or highways, or within
the parking lot of a Commercial Use, as listed in
3.10.2(3).
Pumps should be located to the side or rear
of the parcel and provide additional front
setback area and/or landscaping to better
integrate the gas station with the public
realm.
The pumps shall be located a minimum of 4.5
metres from the building.
(3)
Dwelling Unit -
Manufactured
[Bylaw #16.22]
The minimum width of a dwelling unit -
manufactured shall be 7.3 metres.
(b) Dwelling unit - manufactured constructed
greater than ten (10) years from the time of
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 62 of 136
development permit application may only be
approved at the discretion of the Development
Authority.
(c) The massing, design and appearance of a
dwelling unit - manufactured shall be
consistent with adjacent development to the
satisfaction of the Development Authority, and
may be required to include enhanced design
elements that add visual interest such as:
i.
a porch or veranda on the
front façade;
ii.
horizontal wall articulation on the front
façade;
iii.
the use of thick columns or brackets
on roof overhangs;
iv.
dormers, gables, cross gables or
varied pitches for articulated roof
lines;
v.
large or bay windows on the front
façade, with strong window trim;
vi.
architectural features or other
detailing over entrances;
vii.
changes in exterior siding materials,
textures and colors to break up long
wall expanses; and,
viii.
the use of trim and moldings that
contrast the exterior siding.
(3.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.0 metres above the
roof line of any principal or accessory building.
(4)
Additional Standards
No use shall cause or create any nuisance, by
way of noise, vibration, smoke, dust, fumes,
odors, heat, light, or traffic generation, at the
discretion of the Development Authority.
3.10.3
Setbacks for Principal Buildings:
(1)
Front Setback
Maximum 3.0 metres.
(2)
Secondary Front Setback
Maximum 3.0 metres.
(3)
Side Setback
Minimum 1.2 metres.
(4)
Rear Setback
Minimum 3.0 metres.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 63 of 136
(5)
Additional Setback
Standards [Bylaw #16.22]
There is no maximum front setback,
secondary front setback, side setback, or
rear setback for car washes and gas
stations.
The minimum front setback, secondary
front setback, side setback, or rear
setback is 3.0 metres for car washes and
gas stations.
(6)
Projections into Setbacks
[Bylaw #16.22]
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps;
ii.
signs;
iii.
fences;
iv.
an unenclosed deck, porch or other
similar structure, may project up to
50% into a front setback or rear
setback;
v.
eaves, chimneys, cantilevers, bay
windows, or other similar architectural
features may project up to 0.6 metres
into a front setback or side setback
and up to 1.5 metres into a rear
setback; and,
vi.
balconies may project up to 1.5
metres into a front setback or rear
setback and may project into a side
setback, but must maintain a
minimum of 1.2 metres from the side
parcel boundary.
3.10.4
Setbacks for Accessory Buildings:
(1)
Front Setback
Principal building front setback plus 1.0 metre.
(2)
Secondary Front Setback
Minimum 3.0 metres.
(3)
Side Setback
Minimum 1.2 metres.
(4)
Rear Setback
Minimum 1.2 metres.
3.10.5
Parcel Coverage Standards:
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 64 of 136
(1)
Maximum Parcel Coverage
80%
(2)
Accessory Building
Floor area of accessory building must not exceed
80% coverage of the principal building [Bylaw
#16.22].
3.10.6
Building Height Standards:
(1)
Principal Building
Maximum 14 metres.
(2)
Accessory Building [Bylaw
#16.22]
Must not exceed height of the principal
building.
Maximum height of 7.5 metres, if associated
with a dwelling unit - garden.
Maximum height of 5.0 metres, if not
associated with a dwelling unit - garden.
Must not have overhead doors greater that
3.0 metres in height.
(3)
Additional Building Height
Standards
There is no maximum building height for
uses listed in subsection 3.10.2(4).
3.10.7
Parking, Loading, and Access Standards:
(1)
Bicycle Parking
Where bicycle parking is provided for uses
listed in subsection 3.10.2(3), bicycle parking
shall be located close to the entrance of the
principal building, but shall not impede
pedestrian circulation or access to the
building.
Where bicycle parking is provided for uses
listed in subsection 3.10.2(1), bicycle parking
shall be located and secured within the
principal building or accessory building.
(2)
Vehicle Parking
There is no minimum required number of
parking stalls for any development in the
Neighbourhood Centre District.
Parking areas and/or structures shall be
located to the side or rear of a building, or
underground, wherever possible.
Surface parking areas and/or parking
structures shall not be allowed unless
associated with a development.
Any parking area having four (4) or more
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 65 of 136
parking stalls that are visible from an
adjacent parcel or road shall provide and
maintain landscaping along the perimeter of
the parking area.
Any parking area containing ten (10) or more
parking stalls shall provide and maintain
landscaping in the internal parking area and
along the perimeter of the parking area.
(3)
Vehicle Access
The following regulations apply only to the
uses listed in subsection 3.10.2(1):
i.
where a parcel shares a parcel
boundary with a lane, all access to
the parcel must be from the lane;
ii.
where a corner parcel shares a
parcel boundary with a lane, access
may be either from the lane or the
street;
iii.
in the absence of a lane, access
should be from the secondary front
yard. Where access from a
secondary front yard is not possible,
access may be located on the primary
front yard;
iv.
access to parking areas and/or
structures shall be no wider than 6.0
metres adjacent to the front parcel
boundary; and,
v.
parcels shall have two (2) or more
access points in order to provide
adequate egress in the event of an
emergency.
3.10.8
Landscaping Standards:
(1)
General Landscaping
Standards
For uses listed in subsection 3.10.2(1) the front yard
shall be landscaped with grass, trees, shrubs, and/or
flower beds. Areas of shale, rock, or other hard
landscaping may be acceptable but shall not exceed
25% of the landscaped area.
(2)
Landscaped Area
All portions of a site not covered by structures,
parking, or vehicular circulation areas shall be
landscaped.
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Consolidated to include amendments June 03, 2024
Page 66 of 136
(3)
Number of Trees
The minimum number of trees required for a
residential use shall be one (1) tree per 45
square metres of landscaped area, or a
minimum of two (2) trees per parcel,
whichever is greater.
The minimum number of trees required for a
mixed-use or commercial development shall
be one (1) tree per 35 square metres of
landscaped area.
(4)
Tree Size
Minimum height of 2.0 metres or 40 millimetres in
caliper.
(5)
Number of Shrubs
The minimum number of shrubs required for a
residential, mixed-use, or commercial development
shall be one (1) shrub per 15 square metres of
landscaped area.
3.10.9
Screening, Fences, and Hedges:
(1)
Screening
Garbage and waste material must be stored
in closed containers, and visually screened
from public roads, excluding lanes.
Outside storage of commercial materials and
equipment shall be visually screened from
adjacent parcels and public roads.
(2)
Fences and Hedges
[Bylaw #16.22]
A fence or hedge located in a front yard
shall be a maximum height of 1.2 metres.
All other fences or hedges shall be a
maximum height of 1.8 metres.
No fence, wall, tree, hedge or other
structure, object, or plant exceeding 1.2
metres in height shall be permitted within the
corner visibility triangle at the discretion of
the Development Authority.
3.10.10
Additional Standards:
(1)
Subdivision
A development requiring subdivision shall
not be issued a development permit until
approval of the subdivision application by
the Subdivision Authority or, upon appeal,
the Subdivision and Development Appeal
Board.
(2)
Stormwater Management
Unless otherwise determined by the
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Consolidated to include amendments June 03, 2024
Page 67 of 136
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear lane, the street, and/or a
stormwater management system.
A stormwater management plan shall be
required for all subdivision and
development applications for the uses listed
in subsection 3.10.2(3) and 3.10.2(4).
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 68 of 136
3.11
DOWNTOWN DISTRICT
3.11.1
General Intent:
To support an active, thriving, mixed-use downtown with high quality public spaces,
successful businesses, pedestrian connectivity, and street-level activity.
Development is characterized by a larger scale of mixed-use buildings than is
possible elsewhere in the Valley. New development enables a diverse streetscape
with a strong relationship between buildings and the street. Residential
development consists primarily of buildings with multiple dwelling units, and in
many cases, ground floor commercial uses.
3.11.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Residential
[Bylaw #16.22]
Dwelling Unit - Duplex
Dwelling Unit - Multi Unit
(Apartment)
Dwelling Unit - Multi Unit
(Attached)
Dwelling Unit -
Secondary Suite
Residential Mixed-Use
Development
Dwelling Unit -
Single Detached
(2)
Lodging
Bed & Breakfast
Hotel/Motel
(3)
Commercial
Artist Studio
Drinking Establishment
Entertainment Facility
Home Occupation - Urban
Home Occupation - Basic
Restaurant/Café
Retail & Service -
General Office
Adult Entertainment
Restricted Substance
Retail
Brewery/Distillery
(4)
Institutional
Culture
Education
Government
Health Services
Human Services
After Life Care
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Consolidated to include amendments June 03, 2024
Page 69 of 136
Recreation - Intensive
Recreation - Non-Intensive
(5)
Other Uses
Accessory Building
Solar Energy System --
Freestanding
Solar Energy System --
Rooftop
The following signs are
considered a permitted use
when associated with an
approved Lodging,
Commercial, Industrial
development on the same
parcel [Bylaw #16.22].
A-Board Sign
Fascia Sign
Freestanding Sign
Projecting Sign
Portable Sign
Mural [Bylaw #16.22]
Storage Structure
3.11.3
Specific Use Standards:
(1)
[Removed by Bylaw #12.24]
(2)
Hotel/Motel
Vehicle access and parking areas, including any
structures, shall not be located between a street
and a façade of the building.
(2.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.0 metres above the
roof line of any principal or accessory building.
(3)
Additional Standards
No use shall cause or create any nuisance, by way
of noise, vibration, smoke, dust, fumes, odors, heat,
light, or traffic generation, at the discretion of the
Development Authority.
3.11.4
Setbacks for Principal Buildings:
(1)
Front Setback
Maximum 3.0 metres.
(2)
Secondary Front Setback
Maximum 3.0 metres.
(3)
Side Setback
0.0 metres where a fire wall is provided otherwise a
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 70 of 136
minimum of 1.2 metres.
(4)
Rear Setback
0.0 metres where a fire wall is provided otherwise a
minimum of 1.2 metres.
(5)
Projections into Setbacks
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps;
ii.
signs;
iii.
fences;
iv.
an unenclosed deck, porch or other
similar structure may project up to
50% into a front setback or rear
setback [Bylaw #16.22];
v.
[Removed by Bylaw #12.24]
vi.
eaves, chimneys, cantilevers, bay
windows, or other similar architectural
features may project up to 0.6 metres
into a front setback or side setback
and up to 1.5 metres into a rear
setback; and,
vii. balconies may project up to 1.5
metres in a front setback or rear
setback and may project into a side
setback, but must maintain a
minimum of 1.2 metres from the side
parcel boundary.
3.11.5
Setbacks for Accessory Buildings:
(1)
Front Setback
Principal building front setback plus 1.0 metre.
(2)
Secondary Front Setback
Principal building secondary front setback plus 1.0
metre.
(3)
Side Setback
0.0 metres.
(4)
Rear Setback
0.0 metres.
3.11.6
Building Height Standards:
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Consolidated to include amendments June 03, 2024
Page 71 of 136
(1)
Principal Building
Minimum 6.0 metres.
Maximum 20 metres.
(2)
Accessory Building
Maximum 7.5 metres.
3.11.7
Parking, Loading, and Access Standards:
(1)
Bicycle Parking
Where bicycle parking is provided for uses
listed in subsection 3.11.2(3) and 3.11.2(4),
bicycle parking shall be located close to the
entrance of the principal building, but shall
not impede pedestrian circulation or access
to the building.
Where bicycle parking is provided for uses
listed in subsection 3.11.2(1), bicycle parking
shall be located and secured within a
principal building or accessory building.
(2)
Vehicle Parking
There is no minimum required number of
parking stalls for any development in the
Downtown District.
Off-site vehicle parking (i.e. street parking)
may be considered as a portion of the
parking strategy for a development, at the
discretion of the Development Authority.
Parking areas and/or structures shall be
located to the side or rear of a building, or
underground, wherever possible.
Surface parking areas and/or parking
structures shall not be allowed unless
associated with a development.
Any parking area having four (4) or more
parking stalls that are visible from an
adjacent parcel or road shall provide and
maintain landscaping along the perimeter of
the parking area.
Any parking area containing ten (10) or more
parking stalls shall provide and maintain
landscaping in the internal parking area and
along the perimeter of the parking area.
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Consolidated to include amendments June 03, 2024
Page 72 of 136
(3)
Vehicle Access
Where a parcel shares a parcel boundary
with a lane, all access to the parcel must be
from the lane.
Where a corner parcel shares a parcel
boundary with a lane, access may be either
from the lane or the street.
In the absence of a lane, access should be
from the secondary front yard. Where
access from a secondary front yard is not
possible, access may be located on the
primary front yard.
Access to parking areas and/or structures
shall be no wider than 6.0 metres adjacent to
the front parcel boundary.
Parcels shall have two (2) or more access
points in order to provide adequate egress in
the event of an emergency.
3.11.8
Landscaping Standards:
(1)
General Landscaping
Standards
The front yard shall be landscaped with grass, trees,
shrubs, and/or flower beds. Areas of shale, rock, or
other hard landscaping may be acceptable but shall
not exceed 25% of the landscaped area.
(2)
Landscaped Area
All portions of a site not covered by structures,
parking, or vehicular circulation areas shall be
landscaped.
(3)
Number of Trees
The minimum number of trees required for a
residential use shall be one (1) tree per 45
square metres of landscaped area, or a
minimum of two (2) trees per parcel,
whichever is greater.
The minimum number of trees required for a
mixed-use or commercial development shall
be one (1) tree per 35 square metres of
landscaped area.
(4)
Tree Size
Minimum height of 2.0 metres or 40 millimetres in
caliper.
(5)
Number of Shrubs
The minimum number of shrubs required for a
residential, mixed-use, or commercial development
shall be one (1) shrub per 15 square metres of
landscaped area.
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Consolidated to include amendments June 03, 2024
Page 73 of 136
3.11.9
Screening, Fences, and Hedges:
(1)
Screening
Garbage and waste material must be stored
in closed containers, and visually screened
from public roads, excluding lanes.
Outside storage of commercial materials and
equipment shall be visually screened from
adjacent parcels and public roads.
(2)
Fences and Hedges
Notwithstanding subsection (b), a fence or
hedge located in a front yard shall be a
maximum height of 1.2 metres.
With the exception of home occupation -
urban and home occupation - basic, uses
listed in subsection 3.11.2(3) shall not have
fences or hedges in a front yard.
All other fences or hedges shall be a
maximum height of 1.8 metres.
3.11.10
Additional Standards:
(1)
Subdivision
A development requiring subdivision shall not be
issued a development permit until approval of the
subdivision application by the Subdivision
Authority or, upon appeal, the Subdivision and
Development Appeal Board.
(2)
Stormwater Management
Unless otherwise determined by the
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear lane, the street, and/or a
stormwater management system.
A stormwater management plan shall be
required for all subdivision and
development applications for the uses listed
in subsection 3.11.2(3) and 3.11.2(4).
(3)
Character, Design and
Appearance of Buildings
[Bylaw #16.22]
Exterior finish shall be wood, metal or similar
siding, brick or stucco and shall be to the
satisfaction of the Development Authority.
The finish of buildings should complement
other structures in the vicinity and natural
site features.
Roller shutters must be located on the inside
of windows and screened from the outside if
provided.
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Consolidated to include amendments June 03, 2024
Page 74 of 136
3.12
TOURISM CORRIDOR DISTRICT
3.12.1
General Intent:
To support large scale commercial development with a regional draw. Development
will be primarily low-density commercial uses on a variety of parcel sizes and
configurations to accommodate a diverse range of economic development
opportunities.
3.12.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Lodging
Hotel/Motel
(2)
Commercial
Artist Studio
Drinking Establishment
Entertainment Facility
Restaurant/Café
Retail & Service - General
Retail & Service - Heavy
Office
Adult Entertainment
Car Wash
Drive Through Facility
Gas Station
Restricted Substance
Retail
(3)
Institutional
After Life Care
Culture
Education
Government
Health Services
Recreation - Intensive
Recreation - Non-Intensive
(4)
Other Uses
Accessory Building
Solar Energy System --
Freestanding
Solar Energy System --
Rooftop
The following signs are
considered permitted when
associated with an approved
Lodging, Commercial,
Industrial development on
the same
parcel [Bylaw #16.22].
Billboard Sign
Freestanding Sign
Portable Sign
Projecting Sign
Rooftop Sign
Storage Structure
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 75 of 136
A-Board Sign
Fascia Sign
3.12.3
Specific Use Standards:
(1)
[Removed by Bylaw #12.24]
(2)
Car Wash
Minimum site area shall be 550 square
metres and shall accommodate queuing
space for two (2) vehicles prior to entering the
washing area and queuing space for one (1)
vehicle upon leaving the washing area.
Shall be limited to the washing of vehicles
with a gross vehicle weight of 4,000
kilograms or less.
(3)
Gas Station
Pumps should be located to the side or rear
of the parcel and provide additional front
setback area and/or landscaping to better
integrate the gas station with the public
realm.
The pumps shall be located a minimum of 4.5
metres from the building.
(3.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.8 metres above the
roof line of any principal or accessory building.
(4)
Additional Standards
All uses shall mitigate any potential nuisance,
such as noise, vibration, smoke, dust, fumes,
odors, heat, light, or traffic generation, to the
satisfaction of the Development Authority.
3.12.4
Setbacks for Principal Buildings:
(1)
Front Setback
Minimum 3.0 metres.
(2)
Secondary Front Setback
Minimum 3.0 metres.
(3)
Side Setback
Minimum 3.0 metres.
Minimum 6.0 metres where the parcel is
adjacent to a residential use.
(4)
Rear Setback
Minimum 6.0 metres.
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Consolidated to include amendments June 03, 2024
Page 76 of 136
(5)
Projections into Setbacks
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps; and,
ii.
signs.
3.12.5
Setbacks for Accessory Buildings:
(1)
Front Setback
Minimum 3.0 metres.
(2)
Secondary Front Setback
Minimum 3.0 metres.
(3)
Side Setback
Minimum 3.0 metres.
Minimum 6.0 metres where the parcel is
adjacent to a residential use.
(4)
Rear Setback
Minimum 6.0 metres.
3.12.6
Building Height Standards:
(1)
Principal Building
Maximum 14 metres.
(2)
Accessory Building
Maximum 7.5 metres.
(3)
Additional Building Height
Standards
There is no maximum building height for uses listed
in subsection 3.12.2(4).
3.12.7
Parking, Loading, and Access Standards:
(1)
Bicycle Parking
Where bicycle parking is provided, bicycle parking
shall be located close to the entrance of the principal
building, but shall not impede pedestrian circulation
or access to the building.
(2)
Vehicle Parking
There is no minimum required number of
parking stalls for any development in the
Tourism Corridor District.
Off-site vehicle parking (i.e. street parking)
may be considered as a portion of the
parking strategy for a development, at the
discretion of the Development Authority.
Parking areas and/or structures shall be
located to the side or rear of a building, or
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Consolidated to include amendments June 03, 2024
Page 77 of 136
underground, wherever possible.
Surface parking areas and/or parking
structures shall not be allowed unless
associated with a development.
Any parking area having four (4) or more
parking stalls that are visible from an
adjacent parcel or road shall provide and
maintain landscaping along the perimeter of
the parking area.
Any parking area containing ten (10) or more
parking stalls shall provide and maintain
landscaping in the internal parking area and
along the perimeter of the parking area.
(3)
Vehicle Access
In the absence of a lane, access should be
from the secondary front yard. Where
access from a secondary front yard is not
possible, access may be located on the
front yard.
Vehicle access to parking areas and/or
structures shall be no wider than 6.0 metres
adjacent to the front parcel boundary.
Parcels shall have two (2) or more access
points if required for emergency access.
(4)
Additional Parking, Loading,
and Access Standards
All the uses listed in subsection 3.12.2(3)
and 3.12.2(4) shall provide sufficient space
and access for loading vehicles to the
satisfaction of the Development Authority.
All loading areas shall be a minimum of 2.5
metres wide.
All loading areas shall provide no less than
3.6 metres overhead clearance.
All loading areas shall be hard surfaced if
the access is from a street or land which is
hard surfaced.
Access to all loading areas shall be from a
public road, a lane, or a clearly defined traffic
aisle, and shall not interfere with traffic on the
adjoining or abutting streets or lanes.
3.12.8
Landscaping Standards:
(1)
Landscaped Area
All portions of a site not covered by structures,
parking, or vehicular circulation areas shall be
landscaped.
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Consolidated to include amendments June 03, 2024
Page 78 of 136
(2)
Number of Trees
The minimum number of trees required for a mixed-
use or commercial development shall be one (1)
tree per 35 square metres of landscaped area.
(3)
Tree Size
Minimum height of 2.0 metres or 40 millimetres in
caliper.
(4)
Number of Shrubs
The minimum number of shrubs required for a mixed-
use or commercial development shall be one (1)
shrub per 15 square metres of landscaped area.
3.12.9
Screening, Fences, and Hedges:
(1)
Screening
Garbage and waste material must be stored
in closed containers, and visually screened
from public roads, excluding lanes.
Outside storage of commercial materials and
equipment shall be visually screened from
adjacent parcels and public roads.
(2)
Fences and Hedges [Bylaw
#16.22]
A fence located in a front yard shall be a
maximum height of 1.2 metres. Fences
within front yards with a height of over 1.2
metres shall be setback from the road at a
distance at the discretion of the
Development Authority.
All other fences or hedges shall be a
maximum height of 1.8 metres.
All sites which abut a residential use shall
provide visual screening of at least 1.5
metres.
3.12.10
Additional Standards:
(1)
Subdivision
A development requiring subdivision shall not be
issued a development permit until approval of the
subdivision application by the Subdivision
Authority or, upon appeal, the Subdivision and
Development Appeal Board.
(2)
Stormwater Management
Unless otherwise determined by the
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear lane, the street, and/or a
stormwater management system.
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Consolidated to include amendments June 03, 2024
Page 79 of 136
A stormwater management plan shall be
required for all subdivision and
development applications for the uses listed
in subsection 3.12.2(2) and 3.12.2(3).
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 80 of 136
3.13
EMPLOYMENT DISTRICT
3.13.1
General Intent:
To support a wide range of employment opportunities in areas that integrate
industrial, institutional, commercial, and recreational uses that require larger parcels.
3.13.2
Uses:
Use Category
Permitted Uses
Discretionary Uses
(1)
Lodging
Hotel/Motel
Work Camp [Bylaw #16.22]
(2)
Commercial
Artist Studio
Drinking Establishment
Entertainment Facility
Kennel
Restaurant/Café
Retail & Service - General
Retail & Service - Heavy
Office
Adult Entertainment
Car Wash
[Bylaw #16.22]
Drive Through Facility
Gas Station
Restricted Substance
Retail
Brewery/Distillery
(3)
Industrial
Industrial - Light
Industrial - Heavy
Industrial - Cannabis
Production [Bylaw #16.22]
(4)
Institutional
Culture
Education
Government
Health Services
Recreation - Intensive
Recreation - Non-Intensive
After Life Care
(5)
Agricultural
Agriculture - Intensive
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Page 81 of 136
(6)
Other Uses
Accessory Building
Solar Energy System -
Freestanding
Solar Energy System -
Rooftop
The following signs are
considered a permitted use
when associated with an
approved Lodging,
Commercial, Industrial
development on the same
parcel [Bylaw #16.22].
Fascia Sign
Freestanding Sign
Portable Sign
Projecting Sign
3.13.3
Specific Use Standards:
(1)
Car Wash
Minimum site area shall be 550 square metres and
shall accommodate queuing space for two (2) vehicles
prior to entering the washing area and queuing space
for one (1) vehicle upon leaving the washing area.
(2)
Gas Station
Pumps should be located to the side or rear
of the parcel and provide additional front
setback area and/or landscaping to better
integrate the gas station with the public
realm.
The pumps shall be located a minimum of 4.5
metres from the building.
(3)
Industrial Uses
Industrial uses on parcels that do not have lane
access must provide a minimum 4.5 metre side
setback on one (1) side of the parcel.
(4)
Work Camp [Bylaw #16.22]
An application for a development permit for
a work camp must provide the following
information:
i.
the location, type, and purpose of the
work camp;
ii.
the method of supplying water,
sewage and waste disposal to the
camp. If a private sewage system is
proposed, the proposed method of
sewage disposal must comply with the
current Alberta Private Sewage
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Page 82 of 136
Systems Standard Practice and be
to the satisfaction of the health
authority; the number of persons
proposed to reside in the work camp;
iii.
demonstrated approval from Alberta
Environment if the work camp is
located on Crown land;
iv.
the start date of the development,
date of occupancy, and removal date
of the work camp; and
v.
reclamation measures once the work
camp is no longer needed.
A development permit for a work camp
shall not be approved unless:
i.
it is directly associated with a
development or business situated
within the area;
ii.
it is deemed compatible with
surrounding development and uses
by the Development Authority;
iii.
sufficient screening is provided from
surrounding uses as determined by
the Development Authority;
iv.
it shall be for a temporary period of
time in accordance with the timelines
of a work project as specified by the
Development Authority;
v.
all required access provisions are
provided to the satisfaction of the
Development Authority at the sole
cost of the developer; and,
vi.
the developer provides undertakings
and guarantees acceptable to the
Development Authority, that the
work camp will be removed, and the
subject site returned to its original
condition upon completion as it was
before the work camp was
developed.
(5)
Industrial - Cannabis
Production Facility [Bylaw
#16.22]
[Removed by bylaw #12.24]
As a condition of development and prior to
the operation of the facility, the owner must
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 83 of 136
provide a copy of the current license for all
activities associated with cannabis
production as issued by Health Canada.
The owner or applicant must obtain any
other approval, permit, authorization,
consent or license that may be required to
ensure compliance with applicable Federal,
Provincial or other Municipal legislation.
The development must be done in such a
manner where all of the processes and
functions are fully enclosed within a stand-
alone building including all loading stalls
and docks, garbage containers and waste
material.
The development shall not include an
outdoor area for the storage of goods,
materials or supplies.
The development shall not operate in
conjunction with another approved use.
The development must include equipment
designed and intended to remove odors from
the air where it is discharged from the
building as part of a ventilation system.
The development Authority may require as
a condition of a development permit, a
waste management plan completed by a
qualified professional, which includes but is
not limited to, details on:
i.
the quantity and characteristics of
liquid and waste material discharged
by the facility; and,
ii.
the method and location of collection
and disposal of liquid and waste
material discharged by the facility;
and,
iii.
the disposal of waste products and
mitigation of airborne emissions,
including smell.
(6)
Natural Resource Extraction
[Bylaw #16.22]
Any application must include plans of the
proposed site showing:
i.
the area to be excavated;
ii.
the roads and access points to the
site;
iii.
the phasing of the development and
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Page 84 of 136
estimated operation time frame;
iv.
reclamation proposals; and,
v.
any other information considered
necessary by the Development
Authority.
Must be a minimum of 300 metres from an
approved dwelling unit at the time of
approval.
In a commercial soil stripping operation, the
area stripped shall be seeded to a grass or
legume mixture at the discretion of the
Development Authority.
Applications within the flood hazard overlay
may be referred to the Ministry of
Environment and Protected Areas, in order
to assist in determining whether river channel
integrity or fisheries will be jeopardized by
the proposal.
The Development Authority may require a
letter of credit from a financial institution to
guarantee that these requirements are
carried out.
(6.1)
Solar Energy System -
Rooftop [Bylaw #12.24]
Shall not project more than 1.8 metres above the
roof line of any principal or accessory building.
(7)
Additional Standards
[Bylaw #16.22]
No use shall cause or create any nuisance,
by way of noise, vibration, smoke, dust,
fumes, odors, heat, light, or traffic
generation, at the discretion of the
Development Authority.
Storage piles of natural resources less than
4.0 metres in height must be at least 6.0
metres from any right-of-way.
Storage piles of natural resources over 4
metres in height must be at least 30 metres
from any right-of-way.
3.13.4
Setbacks for Principal Buildings
(1)
Front Setback
Minimum 6.0 metres.
(2)
Secondary Front Setback
Minimum 6.0 metres.
(3)
Side Setback
No requirement unless the parcel shares a side
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Consolidated to include amendments June 03, 2024
Page 85 of 136
parcel boundary with the Neighbourhood District or
the Countryside District, where the side setback shall
be a minimum of 6.0 metres.
(4)
Rear Setback
No requirement unless the parcel shares a rear
parcel boundary with the Neighbourhood District or
the Countryside District, where the rear setback shall
be a minimum of 6.0 metres.
(5)
Projections into Setbacks
The following features may project into a
setback:
i.
unenclosed steps and wheelchair
ramps; and,
ii.
signs.
3.13.5
Setbacks for Accessory Buildings
(1)
Front Setback
Minimum 6.0 metres.
(2)
Secondary Front Setback
Minimum 6.0 metres.
(3)
Side Setback
No requirement unless the parcel shares a side
parcel boundary with a residential use, in which
case the side setback shall be a minimum of 6.0
metres.
(4)
Rear Setback
No requirement unless the parcel shares a rear
parcel boundary with a residential use, in which
case the rear setback shall be a minimum of 6.0
metres.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 86 of 136
3.13.6
Building Height Standards
(1)
Principal Building
Maximum 14 metres.
(2)
Accessory Building
Maximum 11 metres.
(3)
Additional Building Height
Standards
There is no maximum building height for uses listed
in subsection 3.13.2(4).
3.13.7
Parking, Loading, and Access Standards
(1)
Bicycle Parking
Where bicycle parking is provided, bicycle parking
shall be located close to the entrance of the
principal building, but shall not impede
pedestrian circulation or access to the building.
(2)
Vehicle Parking
There is no minimum required number of
parking stalls for any development in the
Employment District.
Off-site vehicle parking (i.e. street parking)
may be considered as a portion of the
parking strategy for a development, at the
discretion of the Development Authority.
Parking areas and/or structures shall be
located to the side or rear of a building, or
underground, wherever possible.
Surface parking areas and/or parking
structures shall not be allowed unless
associated with a development.
Any parking area having four (4) or more
parking stalls that are visible from an
adjacent parcel or road shall provide and
maintain landscaping along the perimeter of
the parking area.
Any parking area containing ten (10) or more
parking stalls shall provide and maintain
landscaping in the internal parking area and
along the perimeter of the parking area.
(3)
Vehicle Access
Where a corner parcel shares a parcel
boundary with a lane, access may be either
from the lane or the street.
Parcels shall have two (2) or more access
points in order to provide adequate egress in
the event of an emergency, or shall be at the
discretion of the Development Authority.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 87 of 136
(4)
Additional Parking, Loading,
and Access Standards
All the uses listed in subsection 3.13.2(3)
and 3.13.2(4) shall provide sufficient space
and access for loading vehicles to the
satisfaction of the Development Authority.
All loading areas shall be a minimum of 2.5
metres wide.
All loading areas shall provide no less than
3.6 metres overhead clearance.
All loading areas shall be hard surfaced if
the access is from a street or land which is
hard surfaced.
Access to all loading areas shall be from a
public road, a lane, or a clearly defined traffic
aisle, and shall not interfere with traffic on the
adjoining or abutting streets or lanes.
3.13.8
Landscaping Standards
(1)
Landscaped Area
All portions of a site not covered by structures,
parking, or vehicular circulation areas shall be
landscaped.
(2)
Number of Trees
The minimum number of trees required for an
industrial or commercial development shall be one
(1) tree per 35 square metres of landscaped area.
(3)
Tree Size
Minimum height of 2.0 metres or 40 millimetres in
caliper.
(4)
Number of Shrubs
The minimum number of shrubs required for a
residential, mixed-use, or commercial development
shall be one (1) shrub per 15 square metres of
landscaped area.
3.13.9
Screening, Fences, and Hedges
(1)
Screening
Garbage and waste material must be stored
in closed containers, and visually screened
from public roads, excluding lanes.
Outside storage of commercial materials and
equipment shall be visually screened from
adjacent parcels and public roads.
(2)
Fences and Hedges [Bylaw
#16.22]
A fence or hedge located in a front yard
shall be a maximum height of 1.2 metres.
Fences within front yards with a height of
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 88 of 136
over 1.2 metres may be required to be
setback from the road at a distance at the
discretion of the Development Authority
[Bylaw #16.22].
All other fences or hedges shall be a
maximum height of 1.8 metres.
3.13.10
Additional Standards
(1)
Subdivision
A development requiring subdivision shall not be
issued a development permit until approval of the
subdivision application by the Subdivision
Authority or, upon appeal, the Subdivision and
Development Appeal Board.
(2)
Stormwater Management
Unless otherwise determined by the
Development Authority, the applicant shall
be required to grade a parcel in such a way
that all surface water will drain from the
parcel to the rear lane, the street, and/or a
stormwater management system.
A stormwater management plan shall be
required for all subdivision and
development applications for the uses listed
in subsection 3.13.2(2), 3.13.2(3) and
3.13.2(4).
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 89 of 136
4.
Signs
4.1
GENERAL REQUIREMENTS FOR SIGNS
4.1.1
A sign shall not conflict with or dominate, or detract from the general character of the
surrounding streetscape or the architecture of any building on the parcel on which it is
located or in the vicinity of or be liable to create a cluttered appearance to the streetscape.
4.1.2
The exterior finish and construction of all signs shall be of professional quality and
appearance. Consideration should be made for orientation, climate, and environmental
factors that may affect the appearance, condition, or degradation of the sign over time.
4.1.3
The Development Authority may revoke a development permit for a sign at any time if the
sign has become detrimental to the public realm.
4.1.4
The Development Authority may require that any sign not in conformance with this Bylaw
shall be renovated, repaired, or removed.
4.1.5
The Development Authority may approve a sign on a temporary basis, whether or not it
conforms to the rules established in this Bylaw, if the sign is used to advertise a special
event held at a public facility.
4.1.6
No sign shall be erected on or affixed to municipal property or a municipal road right-of-way
without the approval of the Town.
4.1.7
No sign shall be erected on or affixed to provincial property or a provincial road right-of-way
without the approval of Alberta Transportation and Economic Corridors.
4.1.8
The development of a sign on municipal property or a municipal road right-of-way shall
require an agreement with the Town registered on title or kept on record at the Town office.
4.1.9
A permitted sign installed on municipal property shall be at the applicant or developer's risk
and the town may, at any time, require the applicant or developer to remove the sign and
incur all costs associated with the removal of the sign.
4.1.10
Where a sign projects over a public sidewalk or other municipal property, the owner of the
sign shall:
indemnify and hold harmless the Town for any claim related to the construction and
maintenance of the sign; and,
furnish a public liability insurance policy of such an amount satisfactory to the
Development Authority naming the Town as co-insured.
4.1.11
A sign shall not obstruct the view of, or be liable to be confused with, an official traffic sign,
signal, or device, or otherwise pose a potential hazard to traffic.
4.1.12
All signs must be erected on or directly in front of the site to which they relate, except for
billboard signs and bench signs [Bylaw #18.21].
4.1.13
The All signs shall be removed within thirty (30) days of the use to which they relate ceasing
to operate. The Development Authority may order the removal of the sign and the lawful
owner of the sign or where applicable, the registered property owner, shall upon order:
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 90 of 136
[Removed by Bylaw #12.24]
[Removed by Bylaw #12.24]
[Removed by Bylaw #12.24]
remove the sign copy, while leaving the related structural components, within thirty
(30) days from the date of receipt of such notice;
replace the sign copy with a blank, white, non-illuminated face; and,
bear all the costs related to such removal and restoration.
4.1.14 A sign shall comply with the requirements set out in the Canadian Code of Advertising
Standards and shall not be offensive or promote intolerance, hatred, or ridicule of any race,
religion, or other segment of society.
4.1.15 No signs shall be permitted within the Town's boundaries that are attached to or mounted on
permanently fixed or stationary transport trailers, vehicles, or shipping containers, unless the
unit is occupied by an active business [Bylaw #18.21].
4.1.16 Signs may be illuminated by a constant source of dimmable light, but shall not be lit by
flashing, electronic, animated, intermittent or rotating lights. The design and installation of the
lighting shall ensure no element of the light connection is visible to a pedestrian [Bylaw
#18.21].
4.1.17 No digital sign shall be permitted in any location within 30 metres of any parcel boundary
that contains a residential use. Notification shall be sent of any illuminated or digital sign
application to residential properties within a 100-metre radius of the proposed location of the
sign placement [Bylaw #16.22].
4.2
FREESTANDING SIGNS
4.2.1
No freestanding sign shall extend beyond 6.0 metres above grade or be larger than 3.0
square metres, except in the:
(1)
Tourism Corridor District and the Employment District where the maximum height
shall be 9.0 metres and the maximum area shall be 23 square metres.
4.2.2
Only one (1) freestanding sign may be erected along each of a site's parcel boundaries
shared with a street.
4.2.3
No freestanding sign shall be erected in such proximity to the Badlands District that it would
detract from the natural aesthetics and intent of the Badlands District
4.2.4
Freestanding signs shall be separated from each other by a minimum distance of 15 metres.
4.2.5
Freestanding signs shall only be erected on or adjacent to sites to which they relate, except
in the case of:
(1)
Advance directional and informational signs which may be approved by the
Development Authority in locations where it considers that the free and safe flow of
traffic may be enhanced; or,
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 91 of 136
(2)
Signs used solely by community organizations.
4.3
FASCIA SIGNS
4.3.1
No fascia sign shall project more than 0.4 metres over a street or public property.
4.3.2
No fascia sign shall project more than 1.0 metre above the roof of the building to which the
fascia sign is attached.
4.3.3
No fascia sign shall be lower than 2.5 metres above grade, except in the case of signs
intended solely for the information of pedestrians, where the height shall be determined by
the Development Authority having regard, amongst other things, to clarity and safety.
4.3.4
No fascia sign shall exceed 25% of the façade to which the fascia sign is attached.
4.4
PROJECTING SIGNS
4.4.1
No projecting sign shall exceed 2.0 square metres in size.
4.4.2
No projecting sign shall project more than 1.0 metre above the roof of the building to which
the projecting sign is attached.
4.4.3
No projecting sign shall be lower than 2.5 metres above grade.
4.4.4
The maximum space between the projecting sign and its supporting structure shall be 0.6
metres.
4.4.5
No projecting sign shall project within 0.6 metres from the curb.
4.4.6
Only one (1) projecting sign may be erected on each street facing façade of the use to which
the sign relates.
4.5
ROOFTOP SIGNS
4.5.1
No rooftop sign shall exceed 9.0 square metres in size.
4.5.2
No rooftop sign shall project more than 3.0 metres vertically above the roof line.
4.5.3
No rooftop sign shall project horizontally beyond the roof line.
4.5.4
Structural support elements shall be designed or concealed such that they are not visible.
4.6
PORTABLE SIGNS
4.6.1
Only one (1) portable sign may be on a parcel.
4.6.2
No portable sign shall be located within 2.0 metres of any parcel boundary.
4.6.3
No portable sign shall be higher than 2.0 metres above grade.
4.6.4
No portable sign shall exceed 3.0 square metres in size.
4.6.5
No portable sign shall be located on a residential use parcel.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 92 of 136
4.6.6
No portable sign shall be located within 100 metres of another portable sign [Bylaw #16.22].
4.6.7
Portable signs shall have a maximum display period of sixty (60) days per development
permit and only permitted twice (2) per calendar year per parcel [Bylaw #16.22].
4.6.8
[Removed by Bylaw #16.22]
4.6.9
Portable signs shall only be erected on sites to which it relates unless otherwise approved
by the Development Authority.
4.6.10
Portable signs shall be properly secured so that they will not move or pose a hazard.
4.7
A-BOARD SIGNS
4.7.1
No a-board sign shall disrupt pedestrian traffic on the sidewalk.
4.7.2
No a-board sign shall exceed 0.6 metres in width or 0.9 metres in height.
4.7.3
A-board signs shall only be allowed on sidewalks during hours when the business to which
the a-board sign relates is open to the public.
4.7.4
A-board signs shall be limited to one (1) per business and placed directly in front of the
building in which the business is located.
4.7.5
A-board signs shall not be placed on centre medians with road right-of-ways.
4.7.6
A-board signs must be constructed of a material such that a rigid frame is provided.
4.8
BILLBOARD SIGNS
4.8.1
Billboard signs may be permitted within the Tourism Corridor or Rural Development District
provided that:
Only one (1) billboard sign may be erected along each of a site's parcel
boundaries shared with a street.
The maximum height shall be 9.0 metres and the maximum area shall be 23 square
metres.
The minimum vertical clearance beneath a billboard sign shall be 3.0 metres.
Billboard signs shall be separated from each other by a minimum distance of:
(a)
300 metres where the posted speed is 100 km/h;
(b)
150 metres where the posted speed is 70 km/hr; and,
(c)
50 metres where the posted speed is 50 km/hr.
Billboard signs may be illuminated by a constant source of dimmable light, but shall
not be lit by flashing electronic, animated, intermittent or rotating lights.
Billboard signs may be erected on a site that is not associated with the
development, with landowner consent.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 93 of 136
No billboard sign shall be placed in such proximity to the Badlands District that it
would detract from the natural aesthetics and intent of the Badlands District.
No billboard sign larger than 1.2 metres by 2.4 metres shall be placed within 200
metres of any parcel within the Neighborhood District.
4.9
BENCH SIGNS [BYLAW #18.21]
4.9.1
All bench signs shall be placed at least 100 metres from any existing bench sign, unless
otherwise outlined in a Statutory Plan.
4.9.2
No bench sign shall be erected on municipal right-of-way.
4.9.3
Only one (1) bench sign may be erected along each of a site's parcel boundaries shared
with a street.
4.9.4
Bench signs shall be located adjacent to a building, a public sidewalk or pedestrian trail
and in an area where pedestrian foot traffic is expected, though not impede access to any
building, a public sidewalk or pedestrian trails.
4.9.5
Orientation of bench signs along a public street shall be parallel to the street.
4.9.6
Bench sign design should emphasize; comfort, ease of maintenance, durable finish and
resistance to vandalism.
4.10
MURALS [BYLAW #16.22]
4.10.1
No more than one (1) mural shall be permitted per building unless otherwise specifically
authorized by the Development Authority.
4.10.2
The location, content, construction materials and size associated with the mural shall be to
the satisfaction of the Development Authority.
4.10.3
No mural shall be applied to a building in a manner that has a negative effect on historically
significant elements of a building or key architectural feature that define the overall
appearance or character of a building.
4.10.4
The mural must be a painting or other decorative work (artistic rendering/scene) and no mural
shall be created to solely display a commercial message or depiction.
4.10.5
Placement of murals shall be encouraged on existing blank walls.
4.10.6
The Development Authority may require that the mural content be reflective of the Town's
history or heritage.
4.10.7
Display of text, including a business name or commercial message, within a mural shall:
be incorporated into the design; and,
not exceed 10% of the mural surface area.
4.10.8
Murals must have a linkage to:
Historical events or periods that impacted the community; or,
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 94 of 136
Representative landscapes and physical environments; or,
Local culture.
4.10.9
Murals shall not contain or portray the following:
Obscene or offensive language, symbols or messages;
Hateful language, symbols or messages;
Racist or exclusionary imagery or messages;
Political viewpoints;
Religious viewpoints; or,
Any content that is or has the potential to cause divisiveness in the community.
4.10.10
The owner(s) of a building with a mural shall be responsible for maintaining the mural in a
proper state of repair and shall:
Keep it properly painted at all times;
Ensure that all structural elements needed to support the mural are properly
attached and meet applicable safety standards;
Clean all mural surfaces as it becomes necessary; and,
Ensure any damage is repaired within seven (7) days of notification.
4.10.11
After placement, all murals shall be reviewed at the discretion of the Development
Authority. The Development Authority may require that any sign not in conformance with
this section shall be renovated, repaired or removed at the expense of the property owner.
4.11
SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
4.11.1
The following signs do not require a development permit if they comply with this Bylaw.
Signs that do not comply with these development standards require a development permit
with a variance [Bylaw #16.22]:
Two (2) temporary on-site signs, not exceeding 1.0 square metre in size nor 1.2
metres in height, so long as the sign is intended for one (1) of the following
purposes:
(a)
Advertising the sale or lease of property;
(b)
Identifying a construction or demolition project; or,
(c)
A political sign thirty (30) days prior to a federal, provincial, municipal
election, by-election or referendum.
One (1) a-board sign in accordance with Section 4.7.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 95 of 136
Any window sign or graphic painted on, attached to or installed on a window
provided that no more than 50% of the subject window area is covered [Bylaw
#16.22].
The alteration of an existing sign, which only includes routine maintenance, painting,
or change in face, content or lettering and does not include modification to the sign
structure or projection style [Bylaw #16.22].
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 96 of 136
5.
Administration
5.1
DEVELOPMENT AUTHORITY
5.1.1
The position of the Development Authority is established by Bylaw pursuant to the Act.
5.1.2
Subject to Section 624 of the Act, the Development Authority may include one (1) or more
of the following:
The Development Officer(s);
The Municipal Planning Commission; or,
Council acting as the Development Authority in a Direct Control District.
5.1.3
The Development Authority shall:
Exercise powers and duties on behalf of the Town;
Perform duties as established by Council to enforce this Bylaw in accordance with
the Act; and,
Receive, consider, and make decisions on applications for development permits
and letters of compliance.
5.2
DEVELOPMENT OFFICER
5.2.1
The office of the Development Officer is hereby established.
5.2.2
The person or persons to fill the office of the Development Officer shall be appointed by the
CAO.
5.2.3
The Development Officer shall:
Enforce this Bylaw and decisions of the Development Authority;
Receive, process, and facilitate all applications for development permits;
Review each development permit application to determine whether it is complete in
accordance with the information requirements of this Bylaw and provide guidance to
applicants on any additional information required for completeness;
Review each development permit application to determine its appropriate use
definition and, if necessary, require the applicant to apply for a permit for a different
use definition;
Keep and maintain for inspection by the public, during office hours, a copy of this
Bylaw and all amendments and ensure that copies are available to the public;
Maintain an up-to-date version of this Bylaw on the Town's website;
Respond to questions and inquiries pertaining to regulations contained within this
Bylaw and their interpretation;
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 97 of 136
Keep a register of all development permit applications including the decisions
rendered and the reasons for the decisions;
Consider and decide on applications for development permits within forty (40) days
of the receipt of the application in its complete and final form or within such time as
agreed to, in writing, by the applicant;
Issue decisions for permitted uses in the relevant Land Use District and outline the
terms and conditions required for the development permit application;
Issue decisions for discretionary uses in the relevant Land Use District, determine
whether the proposed development meets the standards of this Bylaw and is
compatible with surrounding uses, and outline the terms and conditions required for
the development permit application; and,
Provide notice of decisions on development permit applications in accordance with
the notification requirements of this Bylaw and the Act.
5.2.4
The Development Officer
Shall refer, with comments and recommendations, all applications for discretionary
uses to the Municipal Planning Commission; and,
May refer any other planning or development matter to the Municipal Planning
Commission for its review, comment, or advice.
5.3
SUBDIVISION AUTHORITY
5.3.1
Council is the Subdivision Authority and is authorized to exercise subdivision powers and
duties on behalf of the Town in accordance with this Bylaw.
5.3.2
Council may delegate any or all of their Subdivision Authority powers and duties to the
CAO, the Development Officer, an external agency or other employee(s) of the Town.
5.3.3
The Subdivision Authority shall perform duties that are specified in the Act and the
Subdivision and Development Regulation.
5.4
MUNICIPAL PLANNING COMMISION
5.4.1
The Municipal Planning Commission is hereby established and shall perform duties that
are specified in the Act and the Subdivision and Development Regulations.
5.4.2
The Municipal Planning Commission shall:
Issue decisions and, if necessary, state terms and conditions for development permit
applications referred by the Development Officer;
Consider and, if necessary, state terms and conditions on any other planning or
development matters referred by the Development Officer;
Direct the Development Officer to review, research, or make recommendations on
any other planning and development matter; and,
Make recommendations to Council on planning and development matters.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 98 of 136
5.4.3
[Removed by Bylaw #12.24]
5.5
VARIANCE POWERS
5.5.1
The Development Officer may grant a variance to a permitted use development that does
not comply with this Bylaw if, in the Development Officers opinion 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
properties; and,
[Removed by Bylaw #12.24]
Involve a variance of any setback, building height, and site coverage by less than
20%.
5.5.2
If a variance is granted pursuant to this section, the Development Authority or Subdivision
Authority shall specify its nature in the development permit or subdivision approval.
5.5.3
The Development Officer shall refer all applications that require a variance over 20% to the
Municipal Planning Commission.
5.5.4
The Municipal Planning Commission may grant a variance for setbacks, building heights,
and site coverage up to 50%.
5.5.5
The Subdivision Authority may approve at their discretion, with or without conditions, an
application for a development that does comply with this Bylaw where the proposed
development, with 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.
5.6
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
5.6.1
The Subdivision and Development Appeal Board shall perform the duties specified in the
Act, this Bylaw, and the Intermunicipal Subdivision and Development Appeal Board
Bylaw, as amended.
5.7
AMENDMENTS TO THIS BYLAW
5.7.1
Council may amend this Bylaw, pursuant to the Act.
5.7.2
Prior to granting second reading to a proposed bylaw that amends or repeals this Bylaw,
Council shall hold a public hearing in accordance with the Act.
5.7.3
A person may make an application to the Development Authority to amend this Bylaw. The
application shall include:
The prescribed application form, properly completed and signed;
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 99 of 136
A statement of the specific amendment requested;
The purpose and reasons for the application;
A statement of the applicant's interest in the lands; and,
An application fee, as established by Council.
5.7.4
If the amendment is for re-designation of land, the Development Authority may require:
Plan(s) showing the lands which are subject to the amendment;
Written authorization from the registered owner of the subject lands;
A current copy of the Certificate of Title for the subject lands;
A concept plan for the area to be re-designated, to the level of detail specified by the
Development Authority; and,
Payment of a fee to the Town equal to the costs incurred by the Town to review the
proposed re-designation and related concept plan, or if necessary, the cost to
prepare a concept plan.
5.7.5
The analysis of the Development Authority shall be based on the full land use potential of
the proposed amendment and not on the merits of any particular development proposal. The
analysis shall, consider the following impact criteria:
Relationship and compliance with approved Statutory Plans and Council policies;
Relationship and compliance with Statutory Plans and concept plans in preparation;
Compatibility with surrounding development in terms of land use function and scale
of development;
Traffic impacts;
Relationship and impact on, services such as water and sewage systems, and other
public utilities and facilities such as recreation facilities and schools;
Relationship to municipal land, right-of-way, or easement requirements;
Effect on stability, retention, and rehabilitation of desirable uses, buildings, or both in
the area;
Necessity and validity of the proposed amendment in view of the stated intentions of
the applicant; and,
Relationship to the documented concerns and opinions of area residents regarding
development implications.
5.7.6
If an application to amend this Bylaw is refused, the Development Authority may refuse to
accept another application until six (6) months has lapsed from the date of the refusal.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 100 of 136
5.8
SUBDIVISION APPLICATIONS
5.8.1
An application for subdivision shall be made to the Subdivision Authority using the
prescribed form, properly completed, signed by all owners and agents, and accompanied by:
Copies of either a sketch or plan drawn to scale in metric dimensions showing the
following:
(a)
The location, dimensions, and boundaries of the parcel to be subdivided;
(b)
The proposed parcel(s) to be registered in a land titles office;
(c)
The location, dimensions, and boundaries of each new parcel to be created
and any reserve land;
(d)
Existing rights-of-way of each public utility or other rights-of-way;
(e)
The location, use, and dimensions of buildings on the parcel that is the
subject of the application and specifying those buildings that are proposed to
be demolished or moved;
(f)
The location and boundaries of the bed and shore of any river, stream,
watercourse, lake, or other body of water that is contained within or bounds
the proposed parcel of land;
(g)
The location of any existing or proposed wells, any private sewage disposal
systems, and the distance from these to existing or proposed buildings and
existing or proposed parcel boundaries; and,
(h)
Existing and proposed access to the proposed parcel(s) and the remainder
of the parcel.
Current title searches or photocopies of the existing registered Certificates of Title in
a land titles office showing all ownership interests and easements within the parcel to
be subdivided;
Statistics showing calculations of the gross floor area of land in the plan area and
the allocation of the land to streets, lanes, parcels, and reserve lands, as per the
Act; and,
Number of dwelling units.
5.8.2
In addition to the information required under Section 5.8.1, the following information may be
required by the Subdivision Authority depending on the scale, type, and location of the
proposed development:
Ground water information and information regarding the supply of potable water if the
intended uses are not served by a piped municipal system;
A geotechnical assessment, prepared by a qualified Geotechnical Engineer under
seal and permit to practice stamp registered in the Province of Alberta, describing the
site's suitability to:
(a)
Sustain sewage disposal systems if the intended use is not served by a piped
municipal wastewater system; and/or
(b)
Support building foundations and withstand slumping or subsidence on
lands;
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Shadow plans to demonstrate the integration of the proposed subdivision on
adjacent parcels and/or land to be developed in the future;
A plan showing resources, such as trees, ravines, views, and other similar natural
features which are influential to the subdivision of the area;
An appraisal of the market value of the land when money in place of land dedication
for municipal reserve is proposed. The appraisal must be prepared in accordance
with the Act; and,
An Historical Resources Impact Assessment on lands that have been identified or
suspected as containing a registered historical resource or within 60 metres of
public lands set aside for use as historical sites.
5.8.3
If an application for subdivision is refused, the Subdivision Authority may refuse to accept
another application until six (6) months has lapsed from the date of the refusal.
5.8.4
Approval of an application for subdivision is not an approval to develop, construct, or build
on the land. Site grading, earthwork, or any other construction shall not commence nor
proceed until a development agreement has been signed or, where applicable, a
development permit has been issued.
5.8.5
When an application for subdivision is approved, with or without conditions, or refused, the
notice of decision shall be sent by ordinary mail to the applicant and those persons and
authorities that are required to be given a copy of the application under the Subdivision and
Development Regulation.
5.8.6
For purposes of this Bylaw, the date of the notice of decision of the Subdivision Authority
on an application for subdivision is the date the decision was transmitted to the applicant
and those persons required to be notified under the Subdivision and Development
Regulation.
5.8.7
An application for subdivision shall, at the option of the applicant, be deemed to be refused
when decision is not made by the Subdivision Authority within sixty (60) days of the
application being deemed complete unless the applicant has entered into an agreement with
the Subdivision Authority to extend the sixty (60) day period. The applicant may appeal in
writing, as per the Act, as though they had received a decision of refusal.
5.9
SUBDIVISION AGREEMENTS
5.9.1
The Subdivision Authority may approve a subdivision application subject to conditions.
5.9.2
If a subdivision agreement is required it shall be entered into between the Town and the
owner and/or applicant, as per Section 655 of the Act. The subdivision agreement may be
registered on Certificate(s) of Title to the satisfaction of the Town.
5.9.3
A subdivision agreement may contain provisions requiring a letter(s) of credit or other
security in an amount and in a form to be determined by the Town to guarantee the
execution of the items listed in the subdivision agreement.
5.10
WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED
5.10.1
All municipal works, public utilities, public parks, and municipal facilities are permitted in all
Land Use Districts and shall be exempt from the regulations and development permit
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conditions of this Bylaw.
5.10.2
Provided a development complies with all other requirements of this Bylaw, a development
permit is not required for:
Uses and development exempted under Section 618 of the Act;
Works of maintenance, repair, or alteration to any building or structure provided that
the work:
(a)
Does not include structural alterations;
(b)
Does not result in an increase in the number of dwelling units;
(c)
Does not change the intensity or use of the building or structure; and,
(d)
Is performed in accordance with relevant legislation and other government
regulations.
The completion of a building, which was lawfully under construction at the date this
Bylaw or amendments to this Bylaw comes into full force and effect, for which the
Development Authority has issued a development permit, provided that:
(a)
The building is completed in accordance with the terms of any permit
granted by the Development Authority, subject to the conditions of that
permit, including timeframe for completion; and,
(b)
The use of the development is consistent with the original development
permit issued by the Development Authority.
[Removed by Bylaw #12.24]
The erection, construction, maintenance, improvement or any other alterations of
gates, fences, walls, or other means of enclosure shall conform to heights outlined
within the screening, fences and hedges within the applicable Land Use District(s)
[Bylaw #18.21].
Retaining walls less than 1.0 metre in height;
A temporary building associated with construction and not to be used for residential
uses such as a construction trailer, where the sole purpose of the building is
incidental to the erection or structural alteration of a permanent building for which
a development permit has been issued under this Bylaw. The temporary building
shall be removed within thirty (30) days of substantial completion of development.
This does not include a sales office, show home, or similar facility;
Any development carried by or on behalf of the Crown but not including that carried
out by or on behalf of a Crown Corporation;
The use of a building or part thereof as a temporary polling station for a federal,
provincial, or municipal election or referendum;
The temporary placement of campaign signs in connection with a federal, provincial,
or municipal election or referendum;
Town sanctioned special events;
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An accessory building or structure not greater than 10 square metres and with a
maximum height of 3.0 metres, with no public utility connections, no permanent
foundation, and is not to be used as a dwelling unit;
Signs not requiring a development permit as per Part 4 of this Bylaw;
The erection or maintenance by the Town, on Town property, of a traffic sign,
informational sign, directional sign, or third-party sign;
The erection of a flag pole or other poles provided that such poles do not exceed 6.0
metres in height;
A satellite dish antenna less than 1.0 metre in diameter;
A home occupation - basic; and,
The construction of a deck or patio with a surface height 0.6 metres or less above
grade [Bylaw #18.21].
5.11
DEVELOPMENT PERMIT APPLICATIONS
5.11.1
An application for a development permit shall be made to the Development Authority
using the prescribed form, properly completed, signed by all owners and agents, and
accompanied by:
The required fees as established by Council;
Written authorization from the registered owner of the subject lands;
A current copy of the Certificate of Title for the subject lands; and,
One (1) hard copy and one (1) digital copy of the site, floor, elevation, and
landscaping plans, drawn to scale, in metric dimensions which show the following:
(a)
Legal description of the site with north arrow;
(b)
Area and dimensions of the land to be developed including parcel coverage,
thoroughfares, and setbacks;
(c)
Exterior finishing materials, architectural design features, and all locations
and dimensions of frontage elements including transparency, entrances, and
landscaping;
(d)
The height, dimensions, and relationship to parcel boundaries of all existing
and proposed buildings and structures including retaining walls, trees,
landscaping, and other physical features;
(e)
The removal of trees if applicable;
(f)
Existing and proposed access to and from the site;
(g)
Site drainage, finished grades, and the grades of the roads, streets, and
utilities servicing the site;
(h)
Locations and distances of on-site existing or proposed water, wastewater,
and storm water connections, septic tanks, disposal fields, water wells,
culverts, and crossings;
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(i)
Location and dimensions of all registered easements and rights-of-way;
(j)
Information on the method to be used for the supply of potable water and
disposal of waste along with supporting documentation; and,
(k)
Estimated construction value of the proposed work.
5.11.2
In addition to the information required under Section 5.11.1, the following information may be
required by the Development Authority depending on the scale, type, and location of the
proposed development:
The number of dwelling units;
A statement of the proposed use or uses;
Loading and parking provisions, including electric charging stations and bicycle
parking;
The Location of any fire hydrants;
Garbage and storage areas and the fencing and screening proposed for garbage
and storage areas;
Landscaping plan prepared by a landscape architect registered with the Alberta
Association of Landscape Architects, identifying location, dimensions, and design of
all existing and proposed soft landscaping and hard landscaping, including health,
identification, and planting methods;
Lighting plan;
Pedestrian circulation plan;
Crime Prevention Through Environmental Design (CPTED) assessment prepared by
a qualified professional;
A statement clearly describing how the positive and/or negative potential impacts of
the proposed development on adjacent lands will be dealt with and how the
proposed development has been designed to address those impacts;
Information describing any noxious, toxic, radioactive, flammable, or explosive
materials that may be included in the proposed development;
In relation to a special event or temporary use, the duration and time periods for the
operation of the development, facility, or event;
Methods to control traffic, dust, and noise; and,
Any other information required by the Development Authority, at their sole
discretion, with respect to the site or adjacent lands, including but not limited to, an
environmental screening of the site, geotechnical study, and/or traffic impact
analysis prepared by qualified professionals.
5.11.3
Notwithstanding Section 5.11.1 and Section 5.11.2 an application for a development permit
for a sign or mural shall be accompanied by the following [Bylaw #16.22]:
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the name and address of the applicant;
the name and address of the lawful owner of the property and/or building on which
the sign or mural is proposed to be affixed (if different from applicant);
location of the sign or mural, including legal description and civic address;
elevation drawing showing placement of the sign or mural on the building including
dimensions for height, width and area of the sign or mural;
site plan of the property showing the sign or mural location relative to the property
lines;
detailed illustration of the sign or mural indicating;
(a)
Content and design of the mural including colours and materials;
(b)
If the sign or mural will be illuminated, and the proposed manner of
illuminating;
(c)
Means to affix the sign or mural to the building; and,
(d)
A written artists statement that described the concept, message and
interpretation of the mural.
any such additional information the Development Authority deems necessary.
5.11.4
Unless extended by an agreement in writing between the applicant and the Development
Authority, the Development Authority shall within twenty (20) days after receipt of an
application for a development permit:
Issue a written acknowledgement to the applicant advising that the application is
complete; or,
Issue a written notice to the applicant advising that the application is incomplete,
listing the documentation and information that is still required and setting a date by
which the required documentation and information must be submitted.
5.11.5
If the applicant fails to submit any requested outstanding documents or information by the
date set out, the application shall be deemed refused and the Development Authority shall
inform the applicant in writing that the application has been refused and the reason for the
refusal.
5.11.6
Upon receipt of the required documentation and information listed in the notice issued
pursuant to subsection 5.11.4, the Development Authority shall issue a written
acknowledgment to the applicant advising that the application is complete.
5.11.7
The approval of an application or drawing, or the issuing of a development permit shall not
prevent the Development Authority from thereafter requiring the correction of errors and
omissions, nor from prohibiting the development being carried out when the development is
in violation of this Bylaw.
5.11.8
Where an application for a development permit is determined to contain incorrect
information, the Development Authority is not required to make a decision until such
information is corrected by the applicant.
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5.11.9
Any development permit issued on the basis of incorrect information contained in the
application shall be revoked or suspended by the Development Authority.
5.11.10
If a development permit application is refused, the Development Authority shall not accept
another application for the same or similar use on the same parcel for twelve (12) months
after the refusal [Bylaw #16.22].
5.12
DISCRETIONARY USES
5.12.1
When deciding on a development permit application for a discretionary use, the
Development Authority shall consider:
Any plans and policies affecting the parcel;
The general intent in the applicable Land Use District;
The appropriateness of the location and parcel for the proposed development;
The compatibility and impact of the proposed development with respect to adjacent
development and the public realm;
The merits of the proposed development;
Servicing requirements;
Access and transportation requirements;
Vehicle and pedestrian circulation within the parcel; and,
Sound planning principles.
5.12.2
The Development Authority may:
Approve the application unconditionally; or,
Approve the application permanently or for a limited period of time and impose
conditions considered appropriate; or,
Refuse the application, stating reasons for the refusal.
5.12.3
Where a proposed specific use of land or a building is not provided for in a Land Use
District, the Development Authority may determine that the use is similar in character and
purpose to another use of land or building that is included in the list of permitted or
discretionary uses prescribed for that Land Use District.
5.13
APPLICATION NOTIFICATION REQUIREMENTS
5.13.1
Prior to approving an application for a development permit for a discretionary use, or for a
permitted use requiring a variance, the Development Authority may require the applicant
to post a notice on the property in a location and format that determined by the Town
describing the proposed development and advising any interested parties where further
information regarding the application may be obtained. Such notice shall be posted for a
minimum of ten (10) days prior to the issuance of a notice of decision.
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Page 107 of 136
5.13.2
Notifications shall contain information on the proposed development, the time and date that a
decision will be rendered on the application, a final date to submit comments, and contact
information for the Town.
5.14
DEVELOPMENT AGREEMENT FOR DEVELOPMENT PERMITS
5.14.1
The Development Authority may conditionally approve any development permit, subject to
a development agreement.
5.14.2
If a development agreement is required, it must be entered into between the Town and the
applicant as per Section 650 of the Act.
5.14.3
The Town may register a caveat against the Certificate of Title with respect to a
development agreement for a property that is the subject of a development permit. This
caveat shall be discharged when the development agreement has been complied with, at
the request of the owner or owner's agent.
5.14.4
A development agreement may contain provisions requiring a letter(s) of credit or other
security in an amount and form to be determined by the Town to guarantee the execution of
the items listed in the development agreement.
5.15
CONDITIONS OF DEVELOPMENT PERMIT
5.15.1
The Development Authority may impose such conditions on the approval of an application
as, in their opinion, are necessary to:
Uphold the intent and objectives of the Municipal Development Plan;
Uphold the intent and objectives of any other Statutory Plan or non-Statutory Plan
under preparation or as adopted, that is applicable to the site;
Meet the applicable requirements of this Bylaw; and,
Ensure the orderly and economic development of land within the Town.
5.15.2
The Development Authority may, as a condition of issuing a development permit, require
that the applicant pay an off-site levy or other levy imposed by a bylaw or, that the
applicant enter into a development agreement with the Town to pay any such levy and/or
to construct or pay for the construction of any or all of the following:
A public road required to give access or egress to the development;
A pedestrian walkway system to serve the development;
Pedestrian walkways that will connect the pedestrian walkway system that serves or
is proposed to serve an adjacent development;
Off-street parking or other parking facilities;
Public utilities that are necessary to serve the development; or,
New or expanded community recreation facilities, fire hall facilities, police station
facilities, or libraries.
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Page 108 of 136
5.15.3
In addition to the application of conditions on a development permit, the Development
Authority may also include general requirements as an addendum to the notice of decision
[Bylaw #18.21].
5.16
NOTICE OF DECISION
5.16.1
The decision of the Development Authority on an application shall be given to the applicant
on the same day the decision is made in the form prescribed by the Town, which may include
correspondence by electronic means pursuant to Section 608 of the Act.
5.16.2
If the Development Authority refuses an application for a development permit, the notice of
decision shall contain the reasons for the refusal.
5.16.3
When an application for a development permit is approved, the Development Authority
shall send notice of the decision that will include a description of the proposed development,
state of the decision, advise of the right of appeal, and will be sent to:
The applicant;
The owner of the parcel(s); and,
Each owner of adjacent land at the name and address shown for that owner; or,
Each owner at such additional distance and direction from the boundaries of the
proposed development as, in the opinion of the Development Authority, may be
materially impacted by the development.
5.16.4
A development permit issued pursuant to this Bylaw comes into effect:
Only after the time for an appeal to the Subdivision and Development Appeal
Board has expired, pursuant to the Act; or,
If an appeal has been filed, once a decision has been made by the Subdivision and
Development Appeal Board in favour of the issuance of the development permit
subject to any variance or other change to conditions of approval directed by the
Subdivision and Development Appeal Board.
5.16.5
Where an appeal is made pursuant to Section 5.17 of this Bylaw, a development permit
which has been granted shall not come into effect until the appeal has been determined and
the development permit may be modified or nullified based on the results of the appeal.
5.17
PERMIT VALIDITY
5.17.1
A development permit issued pursuant to this Bylaw is not a building permit and,
notwithstanding that plans and specifications for buildings may have been submitted as part
of an application for a development permit, work or construction shall neither commence nor
proceed until a building permit has been issued, pursuant to applicable bylaws and
regulations.
5.17.2
A development permit is valid for twelve (12) months from its date of issuance, unless
development has been substantially started in a manner satisfactory to the Development
Authority.
5.17.3
The Development Authority may grant an extension of the time the development permit
Town of Drumheller Land Use Bylaw 16.20
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Page 109 of 136
remains in effect for up to an additional twelve (12) months. The Development Authority
shall only grant one (1) extension.
5.17.4
When a development permit that has previously been issued for a site is in effect, the
Development Authority, in their consideration of an application for another development
permit for the same site(s), may revoke the previous development permit and issue a new
development permit.
5.18
APPEALS
5.18.1
The applicant for a development permit may appeal to the Subdivision and Development
Appeal Board if the Development Authority:
Refuses a development permit application;
Fails to make a decision on a development permit within forty (40) days of receipt of
a completed application or the end of the extension period; or,
Issues a development permit subject to conditions.
5.18.2
In addition to the applicant, any person affected by the development permit or the decision
on the development permit, may appeal to the Subdivision and Development Appeal
Board.
5.18.3
An appeal must be commenced:
In the case of an applicant, within twenty-one (21) days of the notification of the
decision, or, if no decision is made on the development permit application within
forty (40) days of receipt of the completed application, the date the period of any
extension expires; or,
In the case of a person affected, within twenty-one (21) days of the Town distributing
notice of the development permit decision, as per Section 5.15 of this Bylaw.
5.19
FORMS, NOTICES, OR ACKNOWLEDGMENTS
5.19.1
Any form, notice, or acknowledgement issued by the Town shall include:
The date of issuance of the notice or acknowledgement;
Contact information for the Town;
The municipal address of the property subject to the application;
The municipal file number for the application; and,
Any other information at the discretion of the Town.
5.19.2
Any form, notice, or acknowledgement may be sent by electronic means pursuant to Section
608 of the Act.
5.20
NON-CONFORMING USES AND BUILDINGS
5.20.1
A non-conforming use of land or a building may be continued, but if that use is
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Page 110 of 136
discontinued for a period of six (6) consecutive months or more, any future use of the land or
building shall conform to this Bylaw.
5.20.2
A non-conforming use of part of a building may be extended throughout the building, but
the building, whether or not it is a non-conforming building, may not be enlarged or added
to and no structural alterations may be made to the building or in the building.
5.20.3
A non-conforming use of part of a parcel or site shall not be extended or transferred in
whole or in part to any other part of the parcel or site and no additional buildings may be
constructed on the parcel or site while the non-conforming use continues.
5.20.4
A non-conforming building may continue to be used, but the building may not be enlarged,
added to, rebuilt, or structurally altered except:
To make it a conforming building; or,
For the routine maintenance of the building, if the Development Authority
considers it necessary.
5.20.5
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the
value of the building above its foundation, the building may not be repaired or rebuilt except
in accordance with this Bylaw.
5.20.6
The land use or the use of a building is not affected by a change of ownership or tenancy of
the land or building.
5.21
CONTRAVENTION
5.21.1
No person shall contravene this Bylaw by commencing or undertaking a development, use,
or sign that is not permitted under the Bylaw.
5.21.2
No person shall authorize or do any development that is contrary to the description,
specifications, or plans that were the basis for issuing a development permit under this
Bylaw.
5.21.3
No person shall contravene a condition of a development permit issued under this Bylaw.
5.21.4
The Development Authority may enforce the provisions of this Bylaw, the Act, and the
conditions of a development permit or subdivision approval.
5.22
RIGHT OF ENTRY
5.22.1
For the purposes of Section 5.10 to 5.20 inclusive, "Officer" is the Development Authority,
Subdivision Authority, Bylaw Officer, or other person designated by the Town.
5.22.2
Pursuant to the Act, an Officer may enter land or a building if:
Reasonable notice has been given to the owner or occupier; or
The entry is authorized by and Order of the Court of King's Bench; and then only for
the purpose of ensuring compliance with the Act or this Bylaw.
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Page 111 of 136
5.23
VIOLATION TAGS
5.23.1
In accordance with the Provincial Offences Procedures Act, an Officer may issue a
violation tag to a person where there are reasonable and probable grounds to believe there is
a contravention of this Bylaw.
5.23.2
A violation tag may be issued to a person either personally or by registered mail.
5.23.3
The violation tag shall be in a form approved by the town and shall include the name of the
person thought to have created the contravention the offence, the penalty for the offence, a
requirement that the penalty be paid within thirty (30) days of issuance of the violation tag, the
method by which the violation tag may be paid, and other information required by the Town.
5.23.4
Where a contravention is of a continuing nature, further violation tags may be issued.
5.23.5
The person to whom the violation tag is issued may, in lieu of being prosecuted, sign the plea
of guilty on the violation tag and pay the specified fine to the location identified on the violation
tag.
5.23.6
If payment is not made within the time specified on the tag, an Officer may issue a violation
ticket requiring the person to whom the violation ticket is issued to appear in court on the date
specified in the summons portion of the ticket.
5.23.7
Nothing in this Bylaw shall prevent an Officer from immediately issuing a violation ticket for
the mandatory court appearance of any person who contravenes any provision of this Bylaw.
5.24
FINES
5.24.1
The fines for an offence against this Bylaw, pursuant to the Act, are:
First Offence, $250;
Second Offence, $500; and,
Third and additional offences, $1,000.
5.24.2
If the Development Authority issues a fine, notice of the fine shall be mailed or delivered by
hand to the owner or the person in possession of the land or building and the notice shall
state:
The amount of the fine;
Whether it is a first, second, or third offence; and,
The date and time by which the property must be brought into conformity with the
Bylaw.
5.24.3
The Development Authority is authorized and directed to take whatever action is required to
collect fines levied for offences of this Bylaw.
5.25
STOP ORDERS
5.25.1
Where the Development Authority finds that a development, use of land, or use of a
building is not in accordance with:
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Page 112 of 136
Any municipal, provincial, and/or federal legislation;
The Act;
This Bylaw; or,
An approved development permit, a subdivision approval, or a condition of the
development permit or approval.
2.5.3.(1)
The Development Authority may issue a stop order in writing, pursuant to Section 645 of
the Act, to the owner, the person in possession of the land or building, and/or other person
responsible for the contravention, to require that all or any of them, on the date the stop
order is issued:
Stop the development or use of the land or building in whole or in part as directed
by the stop order;
Demolish, remove, or replace the development; or,
Carry out any other actions required by the stop order so that the development or
use of the land or building complies with the Act, the Subdivision and
Development Regulation, this Bylaw, a development permit or subdivision
approval, within the time set out in the stop order.
5.25.2
A person may appeal a stop order to the Subdivision and Development Appeal Board.
5.25.3
If a person fails or refuses to comply with a stop order, the Town may, in accordance with the
Act:
Obtain an injunction from an Alberta Court to enforce this Bylaw;
Register a caveat under the Land Titles Act in respect of the stop order;
Enter upon the land or building and take such action as is necessary to carry out the
stop order; and,
Charge the owner and collect in like manner as taxes owing against a property, the
cost of the action or measure.
5.26
VACANCY
5.26.1
Any proposed change of use for a building that is not the same use previously operating
requires a development permit regardless of the length the building has been vacant [
Bylaw #12.24].
5.26.2
Any building that has been vacant for more than six (6) months requires a development
permit for a change in occupancy regardless of the previous use [Bylaw #12.24].
5.26.3
Notwithstanding Section 5.26.2, if a building has been vacant less than six (6) months and
the proposed use is similar to the previous use a development permit is not required.
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Page 113 of 136
6.
Interpretation and Definitions
6.1
RULES OF INTERPRETATION
6.1.1
Provisions of this Bylaw are activated by "shall" or "must" when required, "should" when
recommended, and "may" when optional. Section 6.1.2 words and terms used in this Bylaw
shall have the same meaning as given to them in the Act unless otherwise defined by
Section 6.2.
6.1.2
Words used in the present tense include the other tenses and derivative forms. Words used in
the singular include the plural and vice versa. Words used in the masculine gender shall also
mean the feminine gender and the neuter. Words have the same meaning whether or not
they are capitalized.
6.1.3
Where a regulation involves two (2) or more conditions or provisions connected by a
conjunction, the following shall apply:
"and" means all the connected items shall apply in combination;
"or" indicates that the connected items may apply singly; and
"and/or" indicates the connected items shall apply singly or in combination.
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Page 114 of 136
6.2
DEFINITIONS
A
A-Board Sign
means a self-supporting sign, designed for temporary
use during the operating hours of the related
business, with no more than two faces joined at the
top of the sign that can be manually placed and
moved without the need for mechanical assistance.
Access
means the area and method by which persons and/or
vehicles shall have sufficient ingress and egress to a
parcel or dwelling unit.
Accessory Building
means a building separate and subordinate to the
principal building, the use of which is incidental to
that principal building and is located on the same
parcel.
Accessory Building - Portable
[Bylaw #18.21]
means a temporary accessory building that is
designed by virtue of easy assembly and dismantling,
commercially constructed of metal or synthetic tube
and fabric, plastic or similar materials, and covered
with waterproof sheeting, synthetic sheeting or plastic
film, which shall meet all the requirements of the
Safety Codes Act.
Act
means the Municipal Government Act, RSA 2000 c. M-
26 as amended from time to time, and its successor
legislation.
Adaptive Fill [Bylaw #16.22]
means a temporary fill material placed by the Town
during a flood emergency to close gaps in existing
berms and bring them to the flood construction
level plus freeboard.
Adjacent
means land that is contiguous or would be contiguous
if not for a public road, railway, reserve land, utility
right-of-way, river, or stream.
Adult Entertainment
means any premises or part thereof wherein live
performances, motion pictures, video tapes, video
disks, slides, electronic or photographic
reproductions, the main feature of which is the nudity
or partial nudity of any person, are performed or
shown.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 115 of 136
After Life Care
means a development where the deceased are
prepared for burial display and/or rituals before burial
or cremation. This may include chapels, crematoriums,
and showrooms for the display and sale of caskets,
vaults, urns, and other items related to burial services.
This use does not include a cemetery.
Agriculture - General
means a development for the rural production of farm
or agricultural products and includes the cultivation of
land, breeding and raising of livestock, and
horticultural growing operations. This does not include
confined feeding operations.
Agriculture - Intensive
means a development for the growing of crops
primarily within a building and/or structure for the
purpose of commercial food production. This does not
include confined feeding operations.
Agriculture - Pasturage
means a use limited to the limited to the grazing and
keeping of livestock.
Alberta Private Sewage Disposal
System Standard of Practice
[Bylaw #12.24]
means the design standards, installation standards,
and material requirements for on-site private sewage
systems handling less than 25 cubic metres of sewage
volume per day.
Applicant
means the owner, or an agent, person, firm, or
company acting on behalf of the owner, who submits
an application under the provisions of this Bylaw.
Area Redevelopment Plan
means a Statutory Plan adopted by bylaw as an Area
Redevelopment Plan pursuant to the Act.
Area Structure Plan
means a Statutory Plan adopted by bylaw as an Area
Structure Plan pursuant to the Act.
Artist Studio
means small-scale, on-site production of goods by
hand manufacturing. Typical uses include, but are not
limited to, pottery, ceramics, jewelry, toy
manufacturing, and sculpture and art studios. Minor
retail sale of products on-site is allowed.
B
Balcony
means a horizontal platform that is attached to a
building above the first-storey level and is intended
for use as an outdoor amenity space.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 116 of 136
Bed & Breakfast
means a dwelling unit that is occupied by the
property owner or manager and provides overnight
accommodation for a fee in rooms with no in-room
cooking facilities.
Bench
means an intermediary plateau or area which occurs
between the toe of a slope (valley bottom lands) and
an escarpment or valley wall top (or rim). Bench lands
typically have a slope of between 1% and 15% and a
valley edge may have more than one bench at
different elevations.
Bench Sign [Bylaw #18.21]
means a sign which is placed or erected on an
immobile seat. That advertises goods, products,
services or facilities which directs persons to a
different location from the site where the bench sign
is located.
Billboard Sign [Bylaw #18.21]
means a sign placed adjacent to, though not within,
the right-of-way that is intended to advertise goods,
products or services directing persons to a different
location from the site where the sign is located. This
does not include a freestanding sign.
Brewery/Distillery [Bylaw #18.21]
means a facility licensed by the Alberta Gaming and
Liquor Commission (AGLC) where beer, spirits and
other alcoholic beverages are manufactured and may
include the retail sale of products made on the
premises for consumption off the premises. A
brewery/distillery may include an area where
products made on the premises are sold or provided
to the public for consumption on the premises but are
not considered a drinking establishment.
Building
means anything constructed or placed on, in, over, or
under land, but does not include a highway or road or
a bridge forming part of a highway or road.
Building Height
means the vertical distance measured from the
finished grade to the highest point of a building.
Building height does not include any accessory roof
structure such as mechanical housing, elevator
housing, roof stairway entrance, ventilating fan,
skylight, parapet wall, chimney, steeple,
communication structure, or similar feature not
structurally essential to the building.
Building Permit
means a permit authorizing construction in
accordance with the Safety Codes Act.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 117 of 136
Bylaw
means the Town of Drumheller Land Use Bylaw 16.20
as amended from time to time.
Bylaw Officer
means a person appointed by the Town to enforce
the provisions of this Bylaw, and includes a member
of the Royal Canadian Mounted Police (RCMP) and
a Community Peace Officer.
C
Campground
means a development for the purpose of providing
temporary accommodation for recreational vehicles or
tents.
Cannabis [Bylaw #16.22]
means cannabis plant, fresh cannabis, dried
cannabis, cannabis oil and cannabis plant seeds
and any other substance defined as cannabis in the
Cannabis Act, S.C. 2018, c.16 and its regulations, as
amended from time to time and includes cannabis
products that are ingested or applied as a topical.
CAO
means the Chief Administrative Officer of the Town
as appointed by Council.
Car Wash
means an establishment for the washing of vehicles,
which may employ production-line methods,
mechanical devices, staffed hand wash facilities, or
unstaffed self-wash facilities.
Cemetery
means land or a building for the burial or interment of
dead human bodies or human remains and registered
as a cemetery in accordance with the Cemeteries Act,
R.S.A. 2000, Chapter C-3 as amended from time to
time, and its successor legislation.
m3/s
cubic metres per second (river flow rate).
[Removed by Bylaw #12.24]
Concept Plan
means a non-Statutory Plan, subordinate to an Area
Structure Plan, adopted by bylaw or resolution, that
provides detailed land use direction, subdivision
design, and development guidance to Council,
administration, and the public. Concept plans are
meant to be developed within the framework of an
Area Structure Plan.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 118 of 136
Confined Feeding Operation
means a land use that is fenced or enclosed or within
buildings where livestock is confined for the purpose
of growing, sustaining, finishing or breeding by means
other than grazing and requires registration or
approval under the conditions set forth in the
Agricultural Operations Practices Act RSA 2000
Chapter A-7) through the Natural Resources
Conservation Board (NRCB).
Corner Parcel
means a parcel at the intersection of two (2) roads,
excluding lanes.
Corner Visibility Triangle
[Bylaw #16.22]
means a triangular area formed on the corner parcel
by the two (2) street property lines and a straight line
which intersects them at 7.5 metres from the corner
where they meet.
Council
means the Council of the Town of Drumheller.
Culture
means a development used by one or more
organizations for arts, religion, community and/or
cultural activities, but does not include an
entertainment facility.
D
Day Home
means a childcare facility operated from a private
residence for a maximum of six (6) children up to 12
years of age and complies with the Alberta Family
Day Home Standards Manual but does include a
"child care program" as defined by the Early Learning
and Child Care Act, RSA 2007 Chapter E-0.1.
Deck [Bylaw #18.21]
means an uncovered horizontal structure at or below
the main floor level of a building that is intended for
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 119 of 136
use as an outdoor amenity space, but does not
include a balcony.
Density
means the number dwelling units allows for each
parcel.
[Removed by Bylaw #12.24]
Design Flood
means a flood event that results in a river flow rate of
1,850 m3/s.
[Removed by Bylaw #12.24]
Development
means:
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 use of land or a
building or an act done in relation to land or
a building that results in or is likely to result
in a change in the intensity of use of the land
or building.
Development Agreement
means a legal agreement between the applicant for a
development permit and the Town committing to the
provision of any matter required by a condition of the
development permit.
Development Authority
means the person or persons appointed pursuant to
the Act that has been authorized to exercise
development powers on behalf of the Town.
Development Officer
means the position established pursuant to Section 5.2 of
this Bylaw.
Development Permit
means a permit that is issued in accordance with Part 5
of this Bylaw and authorizes a development.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 120 of 136
Direct Control District
[Bylaw #12.24]
means a land use designation for parcels that,
because of unique characteristics or innovative
design, requires specific regulations unavailable in
other land use districts.
Discretionary Use [Bylaw #18.21]
means a use of land, buildings, or structures for
which a development permit may be issued with or
without conditions, at the discretion of the
Development Authority.
Driveway
means a vehicle access route between a road and a
use on a parcel.
Drinking Establishment
[Bylaw #16.22]
means a use where liquor is sold on the premises and
where a license for the sale of liquor is issued by the
Alberta Gaming and Liquor Commission (AGLC). May
include off sales though not considered restricted
substance retail and may include the preparation of
food for the consumption on the premises.
Dwelling Unit [Bylaw #12.24]
means a:
Dwelling unit - duplex;
Dwelling unit - manufactured;
Dwelling unit - multiple unit (apartment);
Dwelling unit - multiple unit (attached
housing);
Dwelling unit - single-detached;
Dwelling unit - secondary suite; and,
Dwelling unit - garden.
Dwelling Unit - Duplex
means a single building containing two dwelling
units divided either vertically or horizontally, each of
which is totally separated from the other by
appropriate construction standards and may contain
a common stairwell external to both dwellings.
Dwelling Unit - Manufactured
[Bylaw #16.22]
means a transportable, single or multiple section
prefabricated building containing a dwelling unit,
designed for long term occupancy when placed on a
permanent foundation, and conforming to the
requirements of the Canadian Standards Association
(CSA) at the time of construction.
[Removed by Bylaw #12.24]
Dwelling Unit - Multiple Unit
means a residential building comprising three (3) or
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 121 of 136
(Apartment) [Bylaw #16.22]
more dwellings with shared entrances and other
essential facilities and services.
Dwelling Unit - Multiple Unit
(Attached Housing) [Bylaw #16.22]
means a building designed and built to contain three
(3) or more dwellings separated from each other by a
fire rated wall with each unit having separate
entrances from grade.
Dwelling Unit - Single Detached
[Bylaw #16.22]
means a building designed and built to only contain
one dwelling.
Dwelling Unit - Secondary Suite
[Bylaw #16.22]
means an accessory dwelling that is located on
the same parcel, and attached to or contained within,
another dwelling unit which meets the requirements
of this Bylaw and meets the requirements of the
Safety Codes Act.
Dwelling Unit - Garden
[Bylaw #16.22]
means a self-contained, secondary dwelling unit,
installed in the rear yard or side yard of a parcel
with an existing, permanent, single-family dwelling,
usually containing cooking, eating, living, sleeping,
and sanitary facilities.
E
Education
means a development providing places of public or
private learning for any age. This includes licensed
childcare facilities.
Entertainment Facility
[Bylaw #18.21]
means a facility where entertainment is provided to
the public, either exclusively or in combination with
other activities and may, without restricting the
generality of the foregoing, include a live theatre,
dance club, cinema but does not include adult
entertainment.
F
Fascia Sign [Bylaw #18.21]
means a sign attached to, marked, or inscribed on
and parallel to the face of a building wall but does not
include a billboard sign.
Finished Grade
means the ground elevation determined by averaging
the finished level of the ground adjacent to the
foundation of the principal building.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 122 of 136
Flood Construction Level
means the required elevation of the underside of a
wooden floor system or top of a concrete slab for
habitable buildings that is calculated from the
specified elevation of the design flood of a flow rate
of 1,850 m3/s.
Flood Mitigation Structure
means structural measures that reduce the risk of
flooding and potential damage that could result from a
flood.
Floor Area
means the total area of all floors in a building.
Freeboard [Bylaw #16.22]
means additional height added to a flood mitigation
structure to account for level of accuracy of the flood
model, debris jams, sediment deposition and super
elevation of the river during a flood event.
Freestanding Sign [Bylaw #18.21]
means a sign that is supported independently of a
building wall or structure, but does not include a
billboard sign.
Front Parcel Boundary
means, in the case of an interior parcel, the parcel
boundary opposite of the rear parcel boundary. In
the case of a corner parcel, means the shorter of
two (2) parcel boundaries which abut a road.
Front Setback
means the distance between a building façade and
the front parcel boundary. A front setback is not a
front yard.
Front Yard
means a yard extending across the full width of a
parcel from the front parcel boundary to the front
façade of the principal building.
Flood Hazard Area [Bylaw #16.22]
means the flood hazard area is the area of land
flooded during the 1-in-100-year return period
regulated flood event, as defined by the Province of
Alberta. The flood hazard area is comprised of the
floodway, flood fringe, high hazard flood fringe
and protected flood fringe areas.
Floodway [Bylaw #16.22]
means the river channel and adjoining lands indicated
on the flood hazard area maps that would provide
the pathway for flood waters during the 1-in-100-year
return period regulated flood event, as defined by the
Province of Alberta. The floodway is the portion of
the flood hazard area where the flows are deepest,
fastest and most destructive.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 123 of 136
Flood Fringe [Bylaw #16.22]
means those lands abutting the floodway, the
boundaries of which are indicated on the flood
hazard area maps that would be inundated by
floodwaters during the 1-in-100-year return period
regulated flood event, as defined by the Province of
Alberta. River flows in the flood fringe are typically
shallower and slower flowing than the floodway.
G
Gas Station
means a business engaged in the sale of vehicle fuel
and ancillary products.
[Removed by Bylaw #12.24]
Government
means a development providing municipal,
provincial, or federal government services and
includes but is not limited to a government office,
tourism office, postal service outlet, social service
centre, and courthouse, but does not include
education facilities.
Government of Alberta Flood Hazard
Maps [Bylaw #12.24]
means the maps demonstrating the risk of flooding
within the Town. The maps can be accessed at
floods.alberta.ca.
Grade
means the ground elevation established for the
purpose of regulating building height. Grade shall be
the finished ground elevation adjacent to the walls of
the building if the finished grade is level. If the
ground is not entirely level the grade shall be the
finished ground elevation adjacent to the wall of the
building at the lowest finished elevation of the
property.
H
Habitable Area
means any space or room, that can be used for
dwelling purposes, business, or the storage of goods
susceptible to damage by flood.
Hard Landscaping
means the use of non-vegetative material, including
but not limited to concrete, paving stone, asphalt, or
gravel, as part of a landscaped area.
Hard Surface
means asphalt, concrete, paving stone, or similar
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 124 of 136
material satisfactory to the Development Authority
that is used in the construction of a driveway or
parking area.
Health Services
means a development providing medical and health
care services on both an inpatient and an outpatient
basis, or provincially licensed extended medical care,
but does not include restricted substance retail.
High Hazard Flood Fringe
[Bylaw #16.22]
those lands within the flood fringe with deeper
(typically > 1m) or faster moving water than the rest of
the flood fringe.
Historic Resource
means any work of nature or of humans that is
primarily of value for its palaeontological,
archaeological, prehistoric, historic, cultural, natural,
scientific, or esthetic interest including, but not limited
to, a palaeontological, archaeological, prehistoric,
historic or natural site, structure, or object, as set out
by the Historical Resources Act.
Historical Resources Act [Bylaw
#12.24]
means the Historical Resources Act, RSA 2000, c H-
9, as amended from time to time, and its successor
legislation.
Home Occupation [Bylaw #12.24]
means an accessory use by a resident of a dwelling
unit for small-scale business activities that do not
adversely affect the residential character of the
property.
Home Occupation - Basic
means a home occupation that does not employ
persons living outside of the dwelling unit, does not
have client or customer visits, and does not have
external signs.
Home Occupation - Rural
means a home occupation located in the
Countryside District or Rural Development District
that may employ persons living outside of the
dwelling unit, may have client or customer visits,
and may have external signs.
Home Occupation - Urban
means a home occupation located in the
Neighbourhood District, Neighbourhood Centre
District or Downtown District that may employ
persons living outside of the dwelling unit, may have
client or customer visits, and may have external
signs.
Hotel/Motel
means a facility that offers lodging that is not within a
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 125 of 136
dwelling unit.
Human Services
means a development providing services to persons
in need of assistance due to age, physical or mental
disability, addiction, illness, or injury. Uses may
include, but are not limited, assisted living facilities,
treatment centres, and community support services.
I
Infill [Bylaw #18.21]
means the insertion of new development into an
existing subdivision or neighbourhood that does not
represent an extension or expansion to the developed
area of the community, and generally does not require
the extension of municipal services or the construction
of a new road to reach the site.
Industrial - Cannabis Production
[Bylaw #16.22]
means the use of land or structures for the purpose
of growing, processing, infusing, packaging, testing,
destroying, storing and/or shipping of cannabis used
for the purposes as authorized by a license issued in
accordance with the Cannabis Act, S.C. 2018, c.16.
Industrial - Heavy [Bylaw #16.22]
means the processing, manufacturing, or
compounding of materials, products, or any industrial
activities which because of their scale or method of
operation regularly produce noise, heat, glare, dust,
smoke, fumes, odours, vibration, or other external
impacts detectable beyond the parcel boundaries of
the property. This use may include natural resource
extraction.
Industrial - Light [Bylaw #16.22]
means the manufacturing, fabrication, assembly,
distribution, disposal, warehousing or bulk storage,
trucking and equipment facilities, or any industrial
activities primarily within a building and does not
produce noise, heat, glare, dust, smoke, fumes,
odours, vibration, or other external impacts. This use
may include food production.
Intermunicipal Subdivision and
Development Appeal Board Bylaw
[Bylaw #12.24]
means the Intermunicipal Subdivision and
Development Appeal Board Bylaw 17.21, as
amended from time to time, and its successor
legislation.
K
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 126 of 136
Kennel
means any premises where three (3) or more dogs
and/or five (5) or more cats are cared for, maintained,
boarded, bred, or trained in exchange for
compensation.
L
Land Titles Act [Bylaw #12.24]
means the Land Title Act, RSA 2000, c L-4, as
amended from time to time, and its successor
legislation.
Landscaped
means the enhancement of a parcel by the addition
of topsoil, trees, shrubs, turf, grass, other vegetative
material, or non-vegetative material.
Landscaped Area
means an area of land planted or to be planted with
trees, grass, shrubs, or other vegetation including the
soil or bedding material areas associated with
plantings. A landscaped area does not include the
footprint of a building, decks, patio, sidewalk,
driveway, parking area, or similar hard landscaping.
Land Use District [Bylaw #12.24]
means the areas within the jurisdiction of the Town
that have been delineated in Section 2 of this Bylaw,
and in accordance with the Act.
Lane
means a secondary access located to the side or rear
of a parcel and provides access to service areas,
parking, accessory buildings, and may contain
public utility easements.
Loading Area
means an area on the same parcel as a commercial
building for the temporary parking of a commercial
vehicle while goods and materials are being loaded or
unloaded.
M
Manufactured Home Park [Bylaw
#16.22]
means a parcel of land under one Certificate of Title
which has been planned, divided into manufactured
home lots and improved for placement of
manufactured homes for permanent residential use
and may include accessory uses, including:
convenience stores, parking facilities and other
services.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 127 of 136
Municipal Planning Commission
means the Town's Municipal Planning Commission
established pursuant to the Act and Bylaw #32.08, as
amended from time to time, and its successor
legislation.
Mural [Bylaw #16.22]
means an artistic rendering applied to or affixed to
any exterior permanent surface with minimal means of
advertising. This definition does not include religious
symbols affixed to worship facilities. A mural shall be
approved by the Town in accordance with Town
policies.
N
Natural Resource Extraction
[Bylaw #16.22]
means the extraction of natural resources such as
clay, sand, gravel, limestone, coal, petroleum and
other minerals, and may include primary treatment
into a raw, marketable form.
Non-Conforming Building
means a building:
(a) That is lawfully constructed or lawfully under
construction at the date this Bylaw
becomes effective; and,
(b) That on the date this Bylaw becomes effective
does not, or when constructed will not, comply
with this Bylaw.
Non-Conforming Use
means a lawful specific use:
(a) Being made of land or a building or intended to
be made of land or a building lawfully under
construction at the date this Bylaw becomes
effective; and,
(b) That on the date this Bylaw becomes effective
does not, or in the case of a building under
construction, will not, comply with this Bylaw.
Nuisance
means an activity or effect that is offensive to the
sense, including smoke, airborne emissions, vapours,
odours, noise, earthborn vibrations, glare, flashing
light, heat, dust, unsightly or unsafe storage of
materials, excessive traffic, or any other impact that
may become hazardous to health and safety, or which
adversely affects the amenities of the neighbourhood
or interferes with the normal enjoyment of any land or
building, whether public or private.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 128 of 136
O
Office
means a development that includes premises
available for the transaction of general business.
Outdoor Storage
means the keeping of materials, goods, or vehicles
on-site for a timeframe exceeding twenty-four (24)
hours.
Overlay
means a special zoning district placed over an
existing Land Use District, establishing additional or
alternative standards for development, in addition to
those of the underlying Land Use District.
P
Parcel
means an area of land described on a Certificate of
Title or described in a Certificate of Title by reference
to a plan filed or registered in a land titles office.
Parcel Boundary
means the boundary that legally and geometrically
demarcates a parcel, also known as a property line.
Parcel Coverage
means the cumulative coverage of all covered
buildings on a parcel.
Patio [Bylaw #18.21]
means an uncovered horizontal structure with a
surface height, at any point, no greater than 0.60
metres above grade and is intended as an outdoor
amenity space.
Permitted Use [Bylaw #18.21]
means a use of land, building, or structures for
which a development permit shall be issued, with or
without conditions, by the Development Authority.
Porch
means an unenclosed covered structure forming an
entry to a building.
Portable Sign
means a sign which is not in a permanently installed
or affixed position, but does not include an a-board
sign.
Principal Building or Principal Use
means the use or building on a parcel that occupies
the major or central portion of a parcel and
constitutes the principal purpose for which the parcel
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 129 of 136
is used. Principal uses may be located within a
building, or portion of a building that is separated
structurally from other uses within the same building.
One or more principal uses may occur on a parcel.
Projecting Sign
means sign which projects from a structure or a
building face.
Projection
means any structural or architectural element,
building feature, or other object that juts out,
overhangs, or protrudes into the prescribed setback.
Protected Flood Fringe
[Bylaw #16.22]
means those lands within the floodway or flood
fringe protected by flood mitigation structures in
the form of a flood berm and temporary barriers in
accordance with the Town's Emergency Response
Plan. These lands may be flooded if dedicated flood
berms fail or do not work as designed during the 1-in-
100-year return period regulated flood event, as
defined by the Province of Alberta, even if they are
not overtopped and areas in protected flood fringe
are still susceptible to groundwater and pluvial
flooding.
Provincial Offences Procedures Act
[Bylaw #12.24]
means the Provincial Offences Procedures Act
RSA, c P-34, as amended from time to time, and its
successor legislation.
Public Utilities
means systems and facilities associated with water,
sewage, power, heating and cooling, energy, waste,
transportation, telecommunications, and any
municipal flood mitigation structure.
Q
Qualified professional
[Bylaw #18.21]
means a person who by possession of a recognized
degree, certificate, or professional standing, or who by
extensive knowledge, training and experience, has
successfully demonstrated the ability to solve or
resolve problems relating to the subject matter, the
work or the project, and assumes responsibility for the
results of the work. Without limiting the generality of
the foregoing, this shall include land surveyors,
professional planners, architects, and engineers.
R
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Consolidated to include amendments June 03, 2024
Page 130 of 136
Rear Parcel Boundary
means the parcel boundary of a parcel which is
opposite the front parcel boundary.
Rear Setback
means the distance between any development,
building, or structure and the rear parcel
boundary. A rear setback is not a rear yard.
Rear Yard
means a yard extending across the full width of a
parcel from the rear parcel boundary to the rear
facade of the principal building.
Recreation - Intensive
means a development for leisure activities requiring
indoor and/or outdoor facilities, including but not
limited to, parks, swimming pools, gyms, arenas.
Recreation - Non-Intensive
means leisure activities that require little to no
alteration or formal development of a parcel for
public or private enjoyment. This use includes
amenities such as public pathways and trails, sports
fields, boat launches and river access infrastructure,
and associated parking areas, washrooms, signage,
public art, and interpretive elements.
Recreation Vehicle
means a vehicle that provides temporary
accommodation for recreational or travel purposes
and includes, but is not limited to motor homes, travel
trailers, fifth wheel travel trailers, campers, tent
trailers, boats, and a trailer used to transport any of
the above.
Recreation Vehicle Resort
means a parcel designed, developed, maintained,
and capable of providing accommodation on a
temporary, seasonal, or permanent basis, for
recreation vehicles.
Reserve Land [Bylaw #12.24]
means any parcel designated as municipal reserve,
environmental reserve, municipal and school
reserve, school reserve, conservation reserve, or
community services reserve, as defined in the Act
or noted as community reserve on a Certificate of
Title.
Residential Land Use District
[Bylaw #12.24]
means:
Neighbourhood District;
Neighbourhood Centre District; and,
Downtown District.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 131 of 136
Residential Mixed-Use Development
[Bylaw #12.24]
means a development that has both a residential
and commercial use within a shared building, with
the commercial use located on the ground floor. A
Residential Mixed-Use Development may contain
any of the commercial uses listed as permitted or
discretionary for the respective land use district
where the Residential Mixed-Use Development is
located.
Residential Use [Bylaw #12.24]
means a particular usage that falls under the
residential use category designated for each
specific Land Use District.
Responsible Pet Ownership Bylaw
[Bylaw #12.24]
means the Responsible Pet Ownership Bylaw
#06.13, as amended from time to time, and its
successor legislation.
Restaurant/Café
means a development where prepared food and
beverages are offered for sale to the public for
consumption on-premises or off-premises.
Restricted Substance Retail
means a retail establishment licensed under the
Alberta Gaming and Liquor Commission for the sale
of liquor or cannabis for consumption off-premises.
Retail & Service - General
means a development that provides goods or
services directly to the consumer, and where such
goods or services are available for immediate
purchase on the premises by the purchaser.
Retail & Service - Heavy
[Bylaw #16.22]
means a development with permanent outdoor
display, service, and/or storage areas. Including, but
not limited to storage and warehousing facilities,
vendors of lumber and building supplies,
landscaping supplies and equipment, industrial
equipment, vehicles, watercraft, and/or outdoor
structures such as prefabricated sheds, decks and
patios, swimming pools, and play equipment.
Right-of-Way
means the total width of any land reserved or
dedicated as a thoroughfare, lane, pedestrian way, or
utility line.
Road
means land shown as a road on a plan of survey that
has been filed or registered in a land titles office, or
land used as a public road (see street), and includes
a bridge forming part of a public road and any
structure incidental to a public road.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 132 of 136
Rooftop Sign
means a sign affixed to or placed on a building and
extending in whole or in part above the vertical walls
or parapet of the building; or the top of a canopy,
awning, or other similar appurtenance of the building.
S
Safety Codes Act [Bylaw #12.24]
means the Safety Codes Act, RSA 2000, C. S-1 as
amended from time to time, and its successor
legislation.
Screening
means some combination of structural and/or
landscaping features used to separate areas or
functions which detract from the appearance of the
streetscape and the view from the surrounding areas.
Secondary Front Parcel Boundary
means a side parcel boundary that forms the
boundary of a parcel and a road right-of-way.
Secondary Front Setback
means the distance between any development,
building, or structure and the secondary front
parcel boundary.
Secondary Front Yard
[Bylaw #16.22]
means a yard extending across the full width of a
parcel from the secondary front parcel boundary
of the parcel to the wall of the principal building.
Setback
means the minimum distance required between a
development and a parcel boundary or any other
features specified by this Bylaw.
Setback Area
means the area of a parcel between the parcel
boundaries and the walls of the building or
structure, as required by the applicable Land Use
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 133 of 136
District in this Bylaw.
[Removed by Bylaw #12.24]
Side Setback
means the distance between any part of a
development, building, or structure and the side
parcel boundary. A side setback is not a side yard.
Side Parcel Boundary
means the boundary of a parcel which connects the
front parcel boundary with the rear parcel
boundary.
Side Yard
means a yard extending from the front yard to the
rear yard situated between the side parcel
boundary of the parcel and the wall of the principal
building, not including projections.
Sign
means a visual medium used to convey information
by way of words, pictures, images, graphics,
emblems, or symbols, or any device used for the
purpose of providing direction, identification,
advertisement, business promotion, or the promotion
of a person, product, activity, service, event, or idea
and includes a-board signs, billboard signs, fascia
signs, portable signs, and projection signs.
[Removed by Bylaw #12.24]
Site
means an area of land on which a building or use
exists or for which an application for a development
permit is made and can comprise more than one
parcel.
Soft Landscaping
means the use of vegetative material as part of a
landscaped area.
[Removed by Bylaw #12.24]
Solar Energy System -
Freestanding [Bylaw #12.24]
means a device and accessories designed to convert
solar radiation into electrical or thermal energy which
is placed on the ground.
Solar Energy System - Rooftop
[Bylaw #12.24]
means a device and accessories designed to convert
solar radiation into electrical or thermal energy
mounted to the roof of a building or structure.
Stop Order
means an order issued by the Development
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 134 of 136
Authority pursuant section 5.25 of this Bylaw and
Section 645 of the Act.
Storage Structure [Bylaw #18.21]
means a structure in the form of a shipping container,
trailer or other structure.
Stormwater Management
means the use of structural or non-structural practices
that are designed to reduce stormwater runoff and
mitigate its adverse impacts on property, natural
resources, and the environment.
Stormwater Management Plan
means a plan that indicates pre- and post-
development drainage systems including any
required stormwater management features.
Street
means any public road, including the boulevards,
sidewalks and improvements, but excluding a lane,
bridge or walkway.
Structural Alteration
means altering the main building components that
support a building, including but not limited to the
roof, foundation, or exterior walls of a structure, that
results in the expansion of the useable floor area of a
structure or reduces existing setback areas.
Structure
means anything constructed or erected on the ground,
or attached to something located on the ground, not
including pavement, curbs, sidewalks, open air
surfaces, or movable vehicles.
Subdivision
means the division of a parcel into one or more smaller
parcels by a plan of a subdivision or other instrument.
Subdivision Agreement
means a legal agreement between the applicant for a
subdivision and the Town committing to the
provision of any matter required by a condition of the
subdivision approval.
Subdivision and Development
Regulations [Bylaw #12.24]
means the Subdivision and Development Regulation,
A/R 84/2022, as amended from time to time, and its
successor legislation.
Subdivision Authority
means the persons appointed pursuant to the Act that
have been authorized to exercise subdivision
powers on behalf of the Town.
Subdivision and Development
Appeal Board
means the body established by Council pursuant to
the act to act as the appeal body for appeals against
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 135 of 136
development permit decisions, subdivision
decisions, and stop orders.
T
Temporary Barriers [Bylaw #12.24]
means adaptive fill or any other structure temporarily
installed during a flooding event in accordance with
the Town's Emergency Response Plan.
[Removed by Bylaw #12.24]
Town
means the Town of Drumheller, a municipal corporation
in the Province of Alberta, and includes the area
contained within the corporate boundaries of the Town
of Drumheller, as the context may require.
U
Use
means the purpose or activity for which a parcel or a
building is designed, arranged, developed, or
intended, or for which is occupied or maintained.
Use Area
means the entire floor area of a building or a portion
of a building that is occupied by a specific use.
W
Wind Energy System
means a structure designed to convert wind energy
into mechanical or electrical energy.
Work Camp [Bylaw #16.22]
means a temporary residential complex used to house
employees on a temporary basis to provide
accommodations for large scale projects in the
immediate area. Without restricting the generality of
the above, the camp is usually made up of a number
of mobile units, clustered in such fashion as to provide
sleeping, eating, recreation, and other basic living
facilities.
Window Sign [Bylaw #16.22]
means a sign painted on, attached to or installed on
a window intended to be viewed from outside the
premises.
Town of Drumheller Land Use Bylaw 16.20
Consolidated to include amendments June 03, 2024
Page 136 of 136
Y
Yard
means an open space on the same site as a building
and which is unoccupied and unobstructed from the
ground upward except as otherwise provided for in
this Bylaw.