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How to Use the Land Use Bylaw
The following is intended for information purposes only and does not form part of the
Land Use Bylaw.
The Land Use Bylaw establishes regulations for the use of land and buildings in the
municipality. Regulations differ depending on the location and type of development
contemplated. Land Use District Maps provide direction for development and use of land
on specific parcels throughout the municipality. The Land Use Bylaw also includes
general regulations which apply to some or all development. It is important when
reviewing the Land Use Bylaw to consider both the general and Land Use specific
regulations that may apply to your property.
The Land Use Bylaw reflects municipal regulation only - other Bylaws, regulations and
Acts of the Municipal, Provincial and Federal government must also be observed. Where
possible, the Land Use Bylaw attempts to outline these other requirements. This is not
to say that the Land Use Bylaw contains an exhaustive list; instead, it is up to each
individual to ensure that the laws of each level of government governing the use of land
and development are observed.
When using the Land Use Bylaw, it is suggested that the user follow these steps:
1.
Locate the subject property on the Land Use District Map. Note the district
title that applies to the property.
2.
Cross check with the Table of Contents in the Land Use Bylaw to determine
the location of the specific Land Use District. The Land Use Districts are
included in Part 7. Each Land Use District includes a list of permitted and
discretionary uses, subdivision and development regulations and other
specific regulations as necessary. These regulations are used to determine
the use of land and the types of development that can occur in each Land
Use District.
3.
Review the General Regulations included in Part 6: General Regulations of
this Bylaw to determine if there are any general regulations that may apply to
the subject property or development. General regulations address issues
such as parking, on-site and off-site servicing requirements, signs, etc. may
apply to all developments but are not generally listed in each land use district.
5.
Discuss your proposed land use or development with staff from the
municipality. Staff are pleased to explain the process and to assist you with
specific issues. The staff may also assist you with other Land Use Bylaw
situations such as enforcement of municipal regulations.
For more information on the Land Use Bylaw, contact the Village of Edberg or review
the municipal website at www.villageofedberg.com.
Contents
How to Use the Land Use Bylaw ..................................................................................................1
Part 1
General .............................................................................................................................5
101
Purpose ......................................................................................................................................... 5
102
Definitions ..................................................................................................................................... 5
103
Interpretation.............................................................................................................................. 13
104
Amendment ................................................................................................................................ 14
105
Repeal of previous Bylaws .......................................................................................................... 14
106
Forms and Fees ........................................................................................................................... 14
Part 2: Administration ................................................................................................................. 15
201
Development Authority .............................................................................................................. 15
202
Subdivision Authority .................................................................................................................. 15
203
Subdivision Authority Officer ..................................................................................................... 16
204
Intermunicipal Subdivision and Development Appeal Board ..................................................... 16
Part 3: Development Permits ...................................................................................................... 16
301
Control of Development ............................................................................................................. 16
302
Non-conforming Buildings and Uses ........................................................................................... 16
303
Development Not Requiring a Development Permit .................................................................. 16
304
Application for a Development Permit ....................................................................................... 18
305
Public Consultation ..................................................................................................................... 19
306
Referral to Other Authorities ...................................................................................................... 19
307
Decision by the Development Authority ..................................................................................... 19
308
Conditions attached to Development Permits ........................................................................... 20
309
Requirements of Other Authorities ............................................................................................ 21
310
Validity of Development Permits ................................................................................................ 21
311
Notice of Decision ....................................................................................................................... 22
312
Continuation of Controls ............................................................................................................. 22
Part 4: Appeals ............................................................................................................................. 23
401
Appeal Procedure ....................................................................................................................... 23
402
Judicial Review ............................................................................................................................ 24
Part 5: Enforcement ..................................................................................................................... 25
501
General ........................................................................................................................................ 25
502
Offences ...................................................................................................................................... 25
503
Stop Order and Right of Entry ..................................................................................................... 25
Part 6: General Regulations ....................................................................................................... 26
601
Application of this Part ............................................................................................................... 26
602
Accessory Buildings and Garages ................................................................................................ 26
603
Airports and Airstrips .................................................................................................................. 27
604
Alberta Building Code ................................................................................................................. 27
605
Apartments ................................................................................................................................. 27
606
Auto Wreckers ............................................................................................................................ 28
607
Bare Land Condominiums ........................................................................................................... 28
608
Bed and Breakfasts ..................................................................................................................... 28
609
Cannabis ...................................................................................................................................... 29
610
Communication Towers .............................................................................................................. 29
611
Connection to Municipal Services ............................................................................................... 30
612
Corner and Double Fronting Lots ................................................................................................ 30
613
Damage to Local Improvements ................................................................................................. 30
614
Design, Construction, and Treatment of Buildings ..................................................................... 30
615
Decks ........................................................................................................................................... 31
616
Drive In Businesses ...................................................................................................................... 31
617
Encroachments and Overhangs into Yards ................................................................................. 32
618
Encroachments and Overhangs into Roads ................................................................................ 32
619
Fabric Covered Buildings ............................................................................................................. 32
620
Fences ......................................................................................................................................... 32
621
Garage Sales ................................................................................................................................ 33
622
Grading of Lots ............................................................................................................................ 33
623
Height of Buildings ...................................................................................................................... 34
624
Home Business ............................................................................................................................ 34
625
Industrial Development and Waste ............................................................................................ 35
626
Keeping of Animals ..................................................................................................................... 36
627
Landscaping and Screening ......................................................................................................... 36
628
Lighting and Light Pollution in Commercial & Industrial Districts .............................................. 37
629
Loading ........................................................................................................................................ 37
630
Manufactured Home ................................................................................................................... 38
631
Moved-In Buildings ..................................................................................................................... 38
632
Parking ........................................................................................................................................ 39
633
Prohibited Objects in Yards ......................................................................................................... 40
636
Religious Institution .................................................................................................................... 40
637
Safety and Suitability of Building Sites ........................................................................................ 41
638
Sequence of Development .......................................................................................................... 42
639
Service Stations and Gasoline Sales ............................................................................................ 42
640
Setbacks ...................................................................................................................................... 42
641
Shipping Containers .................................................................................................................... 42
642
Signs ............................................................................................................................................ 43
643
Solar Energy Systems .................................................................................................................. 45
644
Sour Gas Facility .......................................................................................................................... 46
645
Swimming Pools .......................................................................................................................... 46
646
Utility Setbacks ............................................................................................................................ 46
647
Utility Easements ........................................................................................................................ 46
648
Visibility at Corners ..................................................................................................................... 46
Part 7: Land Use District Regulations ................................................................................................ 47
701
Designation of Districts ............................................................................................................... 47
702
R1 - Residential District .............................................................................................................. 48
703
R2 - Mixed Residential District ................................................................................................... 50
704
C1 - Central Commercial District ................................................................................................ 53
705
C2 - Highway Commercial District .............................................................................................. 55
706
M - Industrial District ................................................................................................................. 57
707
I - Institutional District ................................................................................................................ 59
708
PR - Park and Recreation District ............................................................................................... 60
709
UR - Urban Reserve District ........................................................................................................ 61
710
DC - Direct Control District .......................................................................................................... 62
Part 1 General
101
Purpose
101.1 The purpose of this Bylaw is to regulate and control the use and development of
land and buildings within the municipality to achieve the orderly and economic
development of land, and for that purpose, among other things:
(1) to establish agencies, offices, and procedures for reviewing and making
decisions on applications for Development Permits and subdivision
approvals and for issuing decisions on those matters;
(2) to prescribe a procedure to notify owners of land likely to be affected by
the issue of a Development Permit or subdivision approval;
(3) to establish a procedure for appeals against the decisions of the
Development Authority,
(4) to divide the municipality into districts; and
(5) to prescribe and regulate for each district the purposes for which land and
buildings may be used.
102
Definitions
"Accessory Building" means a building separate and subordinate to the main building,
the use of which is incidental to that main building and is located on the same lot. This
includes fabric covered buildings and ground-mounted solar energy systems with a
surface under 10 m2.
"Accessory use" means a use customarily incidental and subordinate to the main use or
building and located on the same lot with such main use or building.
"Act" means the Municipal Government Act being the Revised Statutes of Alberta, 2000,
Chapter M-26 and amendments thereto.
"Adjacent land" means land that is contiguous to a subject parcel of land, including land
that would be contiguous if not for a highway, road or river or stream, and any other
land identified by the Development Authority for the purpose of notification.
"Applicant" means the registered owner of the land or his or her representative or agent
certified as such.
"Auto Wrecker" means a site containing six or more inoperative or unlicensed vehicles
which has been or are to be, dismantled to obtain parts for sale.
"Bareland Condominium" means a condominium in which the units are defined in
relation to the land rather than in relation to a structure, created specifically through
subdivision and registered as a condominium plan in accordance with the Condominium
Property Act, RSA 2000, c. C-22.
"Building" has the meaning set out in the MGA, but for the purposes of calculating
coverage of a lot, does not include patios, driveways, or other at-grade hard surfaces.
"Bulk Oil and Gas Depots" means lands, buildings and structures for the bulk storage
and distribution of petroleum products and may include key lock retail sales. This does
not include automotive gas bars or service stations.
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from time to time and includes edible
products that contain cannabis.
"Cannabis Accessory" means cannabis accessory as defined in the Cannabis Act
(Canada) and its regulations, as amended from time to time.
"Cannabis Lounges" means development where a purpose of the facility is to allow for
the consumption of Cannabis within the premises that is authorized by provincial or
federal legislation.
"Cannabis Retail Sales" means a retail store licensed by the Province of Alberta where
Cannabis and Cannabis Accessories are sold to individuals who attend at the premises
that is authorized by provincial or federal legislation.
"Council" means the Council of the Village of Edberg.
"Development" means in addition to the meanings listed in the MGA; the demolition or
removal of a building
"Development Appeal Board" means a development appeal board appointed pursuant
to Section 33 of the Act, or the Council where it is the Development Appeal Board by
virtue of Section 33 (2) of the Act.
"Development Authority" means either an individual appointed under this Bylaw
"Development Officer" means a person filing the role of Development Authority.
"Development Permit" means a document authorizing a development issued under this
Bylaw
"Discretionary Use" means the use of land or building provided for in Part 7 of this
Bylaw or which a Development Permit may be issued (with or without conditions) upon
an application having been made.
"Dwelling" means any building or structure used exclusively for human habitation and
which is supported on a permanent foundation or base extending below ground level
and includes multiple dwellings, apartments, lodging and boarding houses, but does not
include manufactured homes of any kind whether standing on wheels or supported by
blocks, jack, or any other temporary foundation.
Where the context requires, dwelling may man the residential part of a building which is
also used for other purposes.
"Dwelling Unit" means a self-contained living premises for one household, but may
contain a self-contained suite for a family member or servant (see Residence,
Detached)
"Fabric Covered Building" means a steel-framed, fabric-membrane pre-engineered
building for temporary and permanent industrial, commercial applications, including
warehouse, equipment storage, manufacturing facilities and event centers. All fabric
covered buildings shall require the appropriate building permits to ensure all aspects of
the development is in accordance with the Alberta Safety Codes including appropriate
foundation construction and building anchoring.
"Flanking Street" means the street adjacent to the side yard of a parcel.
"Food Establishment" means a food establishment as defined in the Food Regulation,
AR 31/2006, or its successors.
"Grade" means the average elevation of the four corners of the site as determined by
the Development Authority.
"Gross Floor Area" means the total area of all floors of all buildings, including accessory
buildings located on any parcel, excluding the area of basement floor. Basement suites
shall be included in the calculation of gross floor area only in the case of apartment
buildings.
"Gross Floor Ratio" means the ratio of decimal value resulting from dividing the gross
floor area of all buildings by the total site area of the parcel on which the buildings are
located.
"Group Home" means a dwelling which is operated by a recognized social services
agency employing paid staff and which provides room d and board and other care to no
more than six disabled clients.
"Height, Building"
means the vertical
dimension of such
building or
structure from
grade to the
midpoint of the
roof measured
between the ridge
and eave, as per
Illustration 2:
Building Height.
"Highway" includes a proposed highway which has been designated in the Alberta
Gazette.
"Home Business" means the accessory use of a principal dwelling, or a combination of
a principal dwelling and garage, to operate a business which may generate more than
one business associated visit per day. The business use must be secondary to the
residential use of the building and not change the residential character of the home
which it occupies.
"Home Office" means the accessory use of a principal dwelling to operate a business
which does not require business associated visits; does not require any non-resident
persons employed within the dwelling; and does not extend the business activity to the
outside yard. The business use must be secondary to the residential use of the building.
"Letter of Compliance" means a letter issued by the Development Authority certifying
that the use of land and buildings and the placement of buildings comply with the Bylaw.
"Livestock" means horses, cattle, sheep, swine, fur-bearing animals raised in captivity,
game production animals within the meaning of the Livestock Industry Diversification
Act, live poultry and bees, but does not include wild boars.
"Lot" means an individual parcel of land for which a title has been issued under the Land
Titles Act, or where two or more lots are 'tied' for assessment purposes, or are included
in a single title, the area encompassed by the two or more lots.
"Lot Area" means the total area of a parcel in meters.
"Lot Coverage" means the combined area, measured at 0.6 m (2 ft) above grade, of all
buildings on a parcel excluding all features which would be permitted under this Bylaw
as projections into required yards.
"Lot Depth" means the average distance
between the front and rear property lines, as per
Illustration 3: Lot Dimensions.
"Lot Width" means the distance between the
side property lines of a parcel at the minimum
permissible front yard, measured parallel to the
road or to the tangent on a curved road. For
rectangular and pie parcels, this distance should
be measured at front yard setback line and at
rear setback line and the average determined,
as per Illustration 3: Lot Dimensions.
"Lot, Corner" means a parcel having a
frontage on two or more public roadways at
their intersection or junction.
"Lot Interior" means a parcel which is
bounded by only one roadway. See
Illustration 4: Setbacks
"Main building" means a building in
which is conducted the main or principal
use of the lot on which it is erected.
"Main Road" means a numbered
highway, a secondary road, a county
grid road, or a diversion or realignment
of any of these.
"Manufactured Home" refer to definition or Residence, Manufactured.
"Manufactured Home Park" means a development for manufactured homes that may be
a bareland condominium or an unregistered subdivision of unit lots that are rented or
leased. Ownership and responsibility for the maintenance of internal roads, services
and park amenities rests with the management.
"Move-in Building" means a previously used building which is moved on to a new site.
"Municipal Development Plan" means the Village wide plan prepared in accordance with
Section 632 of the Municipal Government Act.
"Municipality" means the Village of Edberg.
"Non-Conforming Building" means a building
(a) That is lawfully constructed or lawfully under construction at the date a land use
bylaw or any amendment thereof affecting the building or land on which the
building is situated becomes effective, and
(b) That on the date the land use bylaw or any amendment thereof becomes
effective does not, or when constructed will not, comply with the land use bylaw.
"Non-Conforming Use" means a lawful specific use
(a) Being made of land or a building or intended to be made of a building lawfully
under construction, at the date a land use bylaw or any amendment thereof
(b) That on the date the land use bylaw or any amendment thereof becomes
effective does not, or in the case of a building under construction will not, comply
with the land use bylaw.
"Outdoor Storage" means the storage of equipment, goods and/or materials in the open
air. Typical include pipe yards or vehicle or recreational vehicles or heavy equipment
storage compounds.
"Parcel" means the aggregate of the one or more areas of land described in a certificate
of title or described in a certificate of title by reference to a plan filed or registered in a
land titles office.
"Parking Stall/Space" means a gravel or pavement area at least 2.7 m (8.8 ft) wide and
5.5 m (18 ft) long.
"Permitted Use" means the use of land or a building provided for a Part 7: Land Use
District Regulations of this Bylaw for which a Development Permit shall be issued (with
or without conditions) upon an application having been made, provided the proposed
development conforms in every way with this
Bylaw.
"Property Line" means any boundary of a
parcel.
"Property Line, Front" means a property line
adjacent to the public roadway other than a
lane, and in the case of more than one
property line adjacent to the public roadway,
the front property line shall be the side that
gains access to the property.
"Property Line, Rear" means the property
line furthest from opposite the front property line.
"Property Line, Side" means a property line other than a front or rear property line. See
Illustration 4: Lot Setbacks
"Public or Quasi-Public Uses" includes but is not limited to schools, community halls and
post offices.
"Public Utility Building" means a building as defined in the Municipal Government Act in
which the proprietor of the public utility maintains its office or offices and/or maintains or
houses any equipment used in connection with the public utility.
"Public Utility Uses" includes but is not limited to roads, power/gas/fiber
optic/cable/phone lines/gas plants, compressor stations, radio/cellular/internet towers
(under 30 m or 100 ft) and municipal infrastructure (drainage ditches, etc.)
"Registered Owner" means
(a) in the case of land owned by the Crown in the right of Alberta or the Crown in
the right of Canada, the Minister of the Crown having the administration of the
land or
(b) in the case of any other land,
i. The purchase of the fee simple estate in the land under an agreement for
sale that is the subject of a caveat registered against the certificate of title
in the land and any assignee of the purchaser's interest that is the subject
of a caveat registered against the certificate of title or,
ii. In the absence of a person described in paragraph (i), the person
registered under the Land Titles Act as the owner of the fee simple estate
in the land.
"Residence, Apartment" means a residential use consisting of at least 3 dwelling units,
but shall not mean 'row housing'.
"Residence, Detached" means a freestanding dwelling not forming part of, and not
physically attached to, any other dwelling or structure. It is intended to be used by a
single household, but which may contain a separate suite for a family member or
servant. This includes different construction types such as modular home, pre-existing
moved onto site, site built and staff.
"Residence, Duplex" means two dwelling units sharing a common wall, each with a
separate outside entrance at grade.
"Residence, Manufactured" means a residential building containing one dwelling unit,
built in a factory, and transported in one or more sections to a suitable site.
Manufactured homes typically have a long, narrow rectangular plan, low roof pitch and
narrow eaves. Manufactured homes have replaced mobile homes, which are no longer
built in Alberta. A modular home is not a manufactured home.
"Residence, Modular Home" means a new residential building containing one dwelling
unit, built in a factory and transported to site to be permanently installed on a permanent
foundation and which appears indistinguishable in design and finish from a stick-built
house.
"Residence, Pre-existing moved onto site" means a residential building that has
previously been constructed or placed on a different parcel for occupancy and has been
relocated to serve as a residence at its new location. A moved-in residence is not of
new construction and does not include a mobile home.
"Residence, Row Housing" means a residential use where a building or buildings on a
lot are each used for at least three dwelling units with each unit having direct access to
the outside grade but shall not mean 'apartment'.
"Residence, Site Built" means a residential use that is built on site with one piece of
lumber at a time.
"Residences, for Staff" means a building or portion of a building provided for the
purpose of housing persons employed on the property and provided by the employer.
Units may include dormitory or separate fully contained units. Residents must be
currently employed with the commercial operation.
"Setback" means the distance between the closest part of a building and the front, side
or rear property line of the building site, measured at right angles to that property line.
"Sign" means an object or device intended for the purpose of advertising or calling
attention to any person, matter, thing or event.
"Site" means one or more lots or parcels for which an application for development
permit is being made and may include streets, lanes walkways and any other land
surface upon which development is proposed.
"Solar Energy System" means any device or combination of devices employed in the
collection, storage and/or distribution of solar energy for space heating or cooling,
electricity generation, or water heating ant that occupies 162.5 m2 (1,750 ft2) of surface
area or less, or that is used primarily for on-site electrical consumption and not
commercial distribution.
"Temporary Building" means a building which will be removed within a year of its being
erected. Note that this definition is not the same as that in the Alberta Building Code.
"Violation Notice" means the document issued by the Village to a person who has
committed an offence under Section 16 of this Bylaw.
"Yard" means that part of a lot over
which no main building is erected, unless
otherwise permitted in this Bylaw. See
Illustration 4: Lot Setbacks
"Yard, Exterior Side" means the side
yard of a corner that abuts the longer of
the two public roadways.
"Yard, Front" means a yard extending
the whole width of the lot, from the front
wall of the main building to the front
property line. See Illustration 4: Lot
Setbacks
"Yard, Rear" means a yard extending the
whole width of the lot, from the rear wall
of the main building to the rear property
line. See Illustration 4: Lot Setbacks
"Yard, Side" means a yard between the
side wall of a main building to the side
property line of the lot. See Illustration 4:
Lot Setbacks
All other words are interpreted as defined in the MGA or regulations, or, where no such
definition exists, by their dictionary meanings.
103
Interpretation
103.1 This Bylaw uses the terms Shall, Should and May. The interpretation of these
words is intended as:
(1) Shall is a directive term that indicates a mandatory action requiring
compliance without discretion.
(2) Should is a directive term that provides direction to strive to achieve the
outline action, but enables the Municipality some discretion.
(3) May is a directive term that provides notification that the regulation or
action can be enforced if the Municipality chooses to do so and is usually
dependent on the Municipality's interpretation of the circumstances
particular to a property or application.
103.2 Any dispute as to the meaning of a word, or the boundaries of a land use district,
shall be settled by a resolution of Council.
103.3 In accordance with Alberta Land Titles practice, all areas and distances in this
Bylaw are in metric measure. Imperial equivalents are given as a convenience
but may not be exact. In case of conflict, the metric measure shall govern.
103.4 The words he, him, and his are to be read as she, her, and hers, and the singular
is to be read as the plural, as the case requires.
103.5 Where the boundary of a lot is also the boundary between two land use districts,
and the lot boundary is then changed through subdivision, the land use
classification follows the new boundary.
103.6 Where a road is closed and added to an adjacent parcel, the added area takes
the land use classification of the parcel to which it is added.
103.7 Building setbacks are measured from the footings of the building, not from
overhangs.
103.8 Building Height is measured by determining roof type, and applying the following:
(1) For hip and gable roof types Height shall be determined by measuring
from the horizontal plane through Grade to the midpoint of the highest
roof. The midpoint is determined to be between the end of the eave, and
the top of the roof.
(2) For the flat roof type, Height shall be determined by measuring from the
horizontal plane through Grade to the midpoint of the highest parapet,
provided the resulting top of the parapet is no more than 0.4 m (1.3 ft)
above the maximum Height allowed in the zone.
(3) For mansard and gambrel roof types, Height shall be determined by
measuring from the horizontal plane through Grade to the midpoint of the
highest roof. The midpoint is determined to be between the deck line and
the top of the roof.
(4) For all other roof types, including saddle, dome, dual-pitch, shed, butterfly
or combination roofs, the Development Authority shall determine Height by
applying one of the previous three types that is most appropriate for
balancing the development rights and the land use impact on adjacent
properties.
103.9 Where this Bylaw allows an exercise of discretion or judgement, the discretion or
judgement is that of the Development Authority or, on appeal, that of the
Intermunicipal Subdivision and Development Appeal Board.
104
Amendment
104.1 A person may apply to have this Bylaw amended, by applying in writing,
furnishing reasons in support of the application, and paying the appropriate fee
as established from time to time by the Municipality.
104.2 Council may at any time initiate an amendment to this Bylaw.
104.3 An application to change the districting of any land may be initiated only by the
owner of that land, or by Council.
104.4 Council may refuse to accept an application to amend this Bylaw if a substantially
similar application was denied in the previous twelve (12) months.
105 Repeal of previous Bylaws
105.1 Bylaw 3-93 and any amending bylaws thereto are repealed.
106 Forms and Fees
106.1 Fees referred to in this Bylaw shall be established by resolution of Council.
106.2 Forms required to administer this Bylaw may be created by the Development
Authority and do not require formal adoption by Council.
Part 2: Administration
201
Development Authority
201.1 Pursuant to Section 624 of the Municipal Government Act, the office of
Development Authority is hereby established and shall be filled by a person or
persons appointed by resolution of Council. If no person is appointed, the post
shall be filled by the chief administrative officer or their designate.
201.2 For the purposes of Section 542 of the MGA, the Development Authority is an
authorized person of the municipality.
201.3 The Development Authority shall:
1) advise Council, and the public on development matters;
2) keep a copy of this Bylaw, and any statutory plans, as amended and make
them available to the public at a reasonable price;
3) receive applications for Development Permits;
4) refer applications to other municipalities, agencies, or persons as required by
this Bylaw,
5) where an application is for a permitted use in the relevant land use district,
and complies in all respects with this Bylaw, and the Development Authority is
of the opinion that there are no unusual circumstances, issue a Development
Permit with or without conditions;
6) refer applications in a Direct Control district to Council for decision;
7) refer all other applications to Council for decision on discretionary uses and
those applications with unusual circumstances;
8) keep a register of all applications for Development Permits and the decisions
made on those applications, report monthly to Council, and make this
information available to the public at a reasonable price;
9) issue letters of compliance;
10) carry out the duties as prescribed in the MGA with regard to appeals or,
designate a person to do the same; and
11) perform such duties as established to enforce this Bylaw in conformance with
the MGA.
201.4 Notwithstanding Section 201.3, Council may by resolution choose to delegate
authority to municipal staff for items such as: discretionary decisions, setbacks,
and variances.
202
Subdivision Authority
202.1 Pursuant to Section 623 of the Municipal Government Act, the Municipal Council
shall serve as Subdivision Authority.
202.2 When an application for subdivision is received, the Subdivision Authority shall
review the application along with information from the Subdivision Authority
Officer, and if they are of the opinion that there is no unusual circumstances,
approve an application for subdivision with or without conditions that complies
with the municipalities planning documents.
202.3 When an application for subdivision is received, the Subdivision Authority shall
review the application along with information for the Subdivision Authority Officer,
and if they are of the opinion that the subdivision in non-compliant, but with not
negatively impact the community then they may approved the subdivision with or
without conditions.
202.4 The Subdivision Authority may require, as a condition of approval, the posting of
a security deposit guaranteeing compliance with the conditions of the subdivision
approval.
203
Subdivision Authority Officer
203.1 The Subdivision Authority Officer shall:
- Receive applications for subdivision
- Refer applications to other municipalities, agencies, or persons as
required by this Bylaw, or at their discretion
- Refer applications to the Subdivision Authority for decision
- Keep and maintain for the inspection of the public during all reasonable
hours, a copy of this Bylaw and all amendments thereto
- Keep a register of all applications for subdivision, including the decisions
thereon and the reasons therefore
- Assist the Subdivision Authority on any appeals.
203.2 For the purposes of right of entry, the Subdivision Authority Officer is hereby
declared to be an authorized person of Council.
204
Intermunicipal Subdivision and Development Appeal Board
204.1 The Intermunicipal Subdivision and Development Appeal Board established by
Bylaw 471-2019 shall hear and decide upon appeals against the decision (or lack
of decision) of the Development Authority and of the Subdivision Authority,
except where the authority of the Land and Property Rights Tribunal applies as
identified in Section 678(1) of the MGA.
Part 3: Development Permits
301 Control of Development
301.1 No development other than that listed in Section 303 Development Not Requiring
a Development Permit of this Bylaw shall be undertaken within the municipality
unless an application for it has been approved and a Development Permit has
been issued.
302 Non-conforming Buildings and Uses
302.1 If a building or land use is not allowed in this Bylaw, but was legally in existence
at the date of passage of this Bylaw, it may continue legally as a non-conforming
use and be maintained pursuant to Section 643 of the MGA.
303 Development Not Requiring a Development Permit
303.1 The following development shall not require a Development Permit:
1) Accessory Buildings smaller than 10m2 (107ft2), provided that they are set
back from property lines be the distances set out in Part 6: General
Regulations and Part 7 Land Use District Regulations of this Bylaw. This
includes fabric covered buildings.
2) The completion and use of building which was lawfully under construction at
the date of adoption of this Bylaw
3) The construction of gates, fences, walls, or other means of enclosure that
comply with the height and siting requirements of Part 6: General
Regulations.
4) The provision of foster care in a private home.
5) The carrying out of works of maintenance or repair to any building, provided
that such works do not include structural alterations or major works of
renovations.
6) Facilities, infrastructure, works and other construction by or on behalf of the
municipality. Some examples include, but are not limited to, community halls,
parks, recreation facilities, and utility buildings.
7) The erection of towers, flagpoles, satellite dishes and other poles not
exceeding 6.0m (20 ft) in height from grade and used for non-commercial
purposes.
8) Solar Energy Systems used for residential purposes where incorporated into
or affixed to a main or accessory building in such a way that site coverage is
not increased and in compliance with Section 643 (Solar Energy Systems)
9) Buildings and uses exempted by Sections 618 or 619 of the MGA.
10) The construction or maintenance of any utility, work or improvement in a
street or utility lot.
11) A temporary building or travel trailer, the sole purpose of which is incidental
to the erection or alteration of a building, for which a permit has been issued.
12) Landscaping and paving, provided that grades and water flows are not
substantially altered and the changes are aligned with Section 629
(Landscaping)
13) Internal alterations to a building, provided these alterations do not result in
an increase in the number of sleeping accommodations, dwelling units, or a
change in use to the building. Note: Safety Codes permits may still be
required.
14) The construction and maintenance of a railway line.
15) A change of use of land or building where the new use is permitted in that
land use district and conforms in everyway with this bylaw.
16) The use of a building or part thereof as a temporary polling station, Returning
Officer's headquarters, candidate's campaign office and any other official
temporary use in conjunction with a federal, provincial or municipal election,
referendum or census.
17) Official notices, signs, placards or bulletins required or permitted to be
displayed pursuant to the provisions of federal, provincial or municipal
legislation.
18) Signs which are an announcement for a particular public or community event
and will be removed after the occurrence of that event.
304 Application for a Development Permit
304.1 An application for a Development Permit shall be made to the Development
Authority in writing on the appropriate form, and at the request of the
Development Authority shall be accompanied by:
1) the legal description of the property;
2) a statement of ownership of land and interest of the applicant therein;
3) a Certificate of Title for the property (must be less than thirty (30) days old);
4) a statement of present and proposed uses;
5) a site plan, drawn to scale, showing:
a) the boundaries of the lot;
b) the locations of existing and proposed buildings;
c) the front, rear and side yards;
d) the drainage of the property;
e) provision for off street loading;
f) vehicle access and parking;
g) proposed landscaping;
h) any flood hazard areas and historic flood elevations;
i) known wetlands, water courses, water bodies and drainage courses on or
contiguous to the site;
j) the Development Authority may require the site plan to be drawn by a
qualified professional.
6) building floor plans and elevations and sections;
7) photo from all sides of building for a moved in structure;
8) the estimated commencement and completion dates;
9) the estimated cost of the project or contract price;
10) pre-construction site condition form; and
11) the appropriate fee.
304.2 If the Development Authority has any doubt as to the boundaries of the lot, he
may require that the site plan be drawn by an Alberta Land Surveyor.
304.3 If the Development Authority has any doubts about the existence or boundaries
of wetlands or water bodies they may require a biophysical impact study
prepared by a qualified professional.
304.4 If the Development Authority has any doubt as to the safety or suitability of the
site for the proposed purpose, he may require the applicant to provide
engineering, environmental and other reports as part of the application.
304.5 In the case where an application for a Development Permit has been refused
initially or on appeal, the Development Authority may refuse to accept another
application for a permit on the same property and for the same or similar use of
the land by the same or any other applicant for twelve (12) months after the date
of previous refusal, unless the circumstances have changed sufficiently to
warrant otherwise.
305
Public Consultation
305.1 Before deciding on an application for a Development Permit for a discretionary
use, or before relaxing, waiving, or interpreting any part of the Bylaw, the
Development Authority may, at his discretion, consult the owners of adjacent
land by mail or by advertising, and if the neighbouring landowners reply within
fourteen (14) days, the Development Authority shall consider their comments and
recommendations before issuing a Development Permit. (Note: The
Development Authority may consult the neighbours prior to issuing a permit, but
any discretionary approval must be sent to them under Section 311 Notice of
Decision, and they have the right to appeal).
306
Referral to Other Authorities
306.1 An application for a discretionary Development Permit or subdivision adjacent to
another municipality, or in an area covered by an Intermunicipal Development
Plan (IDP), shall be referred to the other municipality for comments and
recommendations.
306.2 The Development Authority may refer an application to any other government or
regulatory agency or any other person or authority for their advice.
306.3 If no response to a referral is received within fourteen (14) days (twenty (20) days
for subdivision), the Development or Subdivision Authority may proceed as if the
other municipality or agency had offered no objection.
307
Decision by the Development Authority
307.1 Within twenty (20) days after receipt of an application for a development permit,
the Development Authority will determine whether the application is complete. An
application is complete if, in the opinion of the Development Authority, the
application contains the documents and information necessary to review and
process the application. The twenty (20) day period may be extended by an
agreement in writing between the applicant and the Development Authority. The
manner in which notice of an application for a development permit being
determined to be complete or incomplete by the Development Authority shall be
as follows:
1) Application Determined to be Complete: Letter and/or email immediately
issued to applicant advising that the application is complete and to be
processed, or issue of decision approving the application prior to the expiry of
the 20 day period after receipt of the application.
2) Application Determined to be Incomplete: Letter and/or email immediately
issued to applicant advising that the application is incomplete due to
outstanding information required. The correspondence will identify a date by
which the outstanding information identified therein must be submitted.
3) Application for which a determination of completeness is not made: Letter
and/or email immediately issued following the 20th day stating the application
is complete and being processed.
4) Application deemed incomplete, with information requested provided in the
specified time: Letter and/or email immediately issued to applicant deeming
the application complete and to be processed.
307.2 The Development Authority shall decide upon an application for a Development
Permit within forty (40) days of receiving a complete application.
307.3 An application for a Development Permit may, at the option of the applicant, be
deemed to be refused when a decision is not made on it by the Development
Authority within forty (40) days after receipt of the complete application by the
Development Authority, and the applicant may appeal as if the application had
been refused.
307.4 An applicant for a Development Permit may authorize the Development Authority
in writing to take a longer period of time to make a decision.
307.5 In the case where a proposed specific use of land or a building is not provided for
in any district in this Bylaw, the Development Authority may determine that such
use is similar in character and purpose to a permitted or discretionary use
prescribed for that district.
307.6 Pursuant to Section 640(6) of the MGA, the Development Authority may approve
an application for a Development Permit notwithstanding that the proposed
development does not comply with this Bylaw, if, in his 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
parcels of land, and the proposed development conforms with the use prescribed
for the land or building in the Bylaw.
307.7 The power to allow a non-conforming use extends to non-conforming buildings
pursuant to Section 643(5)(c) of the MGA.
307.8 In making a decision, the Development Authority may approve the application
unconditionally, or impose conditions considered appropriate, permanently, for a
limited period of time, or refuse the application.
307.9 When the Development Authority refuses an application for a Development
Permit, the decision shall contain reasons for the refusal.
307.10 A decision of the Development Authority on an application for a Development
Permit shall be given in writing and a copy of it sent to the applicant and to any
person who has expressed an interest in the matter.
308 Conditions attached to Development Permits
308.1 The Development Authority may issue a Development Permit subject to the
condition that the applicant does any of the following:
1)
obtains permits under the Safety Codes Act;
2)
obtains permits from Alberta Transportation and Economic Corridors for all
development within the highway setback requirements;
3)
obtains permits under other legislation;
4)
complies with any covenants, caveats, easements, or other encumbrances
on title;
5)
provides a real property report certifying that any building meets the setback
requirements of this Bylaw;
6)
provides an engineer's report confirming that the site is safe for the
proposed use;
7)
amends the proposal to conform with this or other Bylaws;
8)
pays an off-site levy imposed by Bylaw;
9)
enters into an agreement pursuant to the MGA concerning servicing of the
site;
10) registers an easement to protect a utility line;
11) repairs any municipal improvements that may be damaged as a result of the
development;
12) finishes a building, landscapes, or paves a lot within a stated period of time;
13) grades and drains a lot to the satisfaction of the municipality;
14) constructs sufficient parking and loading spaces;
15) registers a restrictive covenant concerning architectural controls and
landscaping;
16) does any other thing reasonably necessary to ensure that the development
is compatible with neighbouring land uses; and
17) security deposits, guaranteeing that any of the above conditions are met.
308.2 The Development Authority may impose a time limit on the applicant for
compliance with the Development Permit conditions.
309 Requirements of Other Authorities
309.1 A permit issued under this Bylaw is subject to Provincial and Federal law, other
Bylaws, statutory plans, and inter-municipal agreements.
309.2 A permit issued under this Bylaw shall not allow anything which is not allowed
under the terms of an easement registered on the title to the land in question.
309.3 When making a decision on an application for a Development Permit, the
Development Authority may consider, but is not bound by, any caveat, restrictive
covenant, or other encumbrance registered on the title to the land.
310 Validity of Development Permits
310.1 A Development Permit does not come into effect until fourteen (14) days after the
date of issue.
310.2 If a Development Permit is issued and is then appealed, the permit is suspended
until the matter has been heard and decided by the Intermunicipal Subdivision
and Development Appeal Board.
310.3 If the development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, or carried out with reasonable diligence, the
permit is void, unless an extension has previously been granted by the
Development Authority.
311 Notice of Decision
311.1 When a Development Permit has been issued for a use listed as permitted in that
land use district, and no relaxation or waiver has been given, the Development
Authority should immediately post a notice to that effect on the municipal web site,
and/or may also post a notice on the property, and/or in the municipal office.
311.2 When a permit has been granted under Section 307.5 to 307.7 of this Bylaw, or
for a discretionary use, the Development Authority:
1)
shall immediately mail a notice in writing, as required by the MGA to all
registered owners of adjacent land, and of any other land within 100m of the
subject property, and to any other person who, in the opinion of the
Development Authority, may be affected;
2)
shall comply with any municipal advertising requirements in an existing
advertising bylaw, if applicable;
3)
may immediately publish in a newspaper circulating in the municipality, a
notice stating the location of the property for which the application has been
made and the use approved;
4)
may post in municipal office;
5)
may post the permit on the municipal web site; and
6)
may post a notice of the decision on the property for which the application
has been made.
311.3 The notice of an approved Development Permit shall state whether any third
party has the right to appeal, and if so, how that appeal may be made.
312 Continuation of Controls
312.1 A condition attached to a Development Permit issued under a former Bylaw
continues under this Bylaw.
Part 4: Appeals
401
Appeal Procedure
401.1 An appeal against a decision made under this Bylaw shall be heard by the
Intermunicipal Subdivision and Development Appeal Board (the Board) as
established by Bylaw. They shall hear all appeals except those pertaining to
subdivision of lands:
1) within the Green Area (i.e. Crown lands), as established by Ministerial Order
under the Public Lands Act;
2) within the setbacks from highways, waste management facilities, landfills, or
sewage treatment facilities as defined by the Subdivision and Development
Regulation; and
3) adjacent to or containing a body of water.
4) Subdivision appeals that relate to these lands should be heard and decided
upon by the Land and Property Rights Tribunal, as set out in Section 678(2)
of the MGA.
401.2 Appeal of Development Permit Decisions
1) The Development Authority and the Board shall observe the procedures set
out in Sections 684 to 687 of the MGA when administering and hearing
appeals for development.
2) The Board may refuse to admit as evidence newspaper clippings, audio
tapes, video tapes, and other records where the Board and the parties to the
appeal are unable to question the person who originated the proposed
submission.
3) In making its decision, the Board must comply with the Municipal
Development Plan and any inter-municipal development plan or area
structure plan, and by the uses of land set out in this Bylaw, but may vary
other requirements of the Land Use Bylaw to the extent allowed by Section
687(3) of the MGA.
401.3 Appeal of Subdivision Decisions
1) The Subdivision Authority and the Board shall observe the procedures set out
in Sections 678 to 682 of the MGA when administering and hearing appeals
for subdivision.
2) As identified in Section 678(1) of the MGA, a subdivision decision may only
be appealed by the applicant, a Government Department (if circulated
pursuant to the Subdivision and Development Regulations), by Council
(where they are not the subdivision authority), or a school board (with respect
to municipal and school reserves).
3) The Board is not required to hear from anyone other than a person or entity
notified pursuant to Section 679(1) of the MGA, and each owner of adjacent
land to the land subject of the appeal.
4) In making a decision the Board shall consider those items set out in Section
680(2) of the MGA, amongst other items.
401.4 Appeal of Stop Order
1) As per the MGA, in the case of stop order decisions, the process can be
appealed but not the decision itself.
402
Judicial Review
402.1 A decision of the Intermunicipal Subdivision and Development Appeal Board is
final and binding on all parties and all persons subject only to an appeal upon a
question of jurisdiction or law pursuant to the MGA.
Part 5: Enforcement
501
General
501.1 The enforcement powers granted to the Development Authority under this Bylaw
are in addition to any enforcement powers the municipality or any of its officers
may have under the Municipal Government Act or any other applicable
legislation. The Development Authority may exercise all such powers
concurrently.
501.2 Municipal Council shall from time to time, taking into account social and
economic factors including the resources available to it and the various demands
made upon those resources by the residents of the Municipality determine the
extent of enforcement made under this Bylaw so as to optimize use of those
resources.
502
Offences
502.1 Any owner, lessee, tenant or occupant of land, a building, a structure or a sign
thereon, who, with respect to such land, building, structure:
1) contravenes; or
2) causes, allows or permits a contravention of any provision of this Bylaw
commits an offence.
502.2 It is an offence for any person:
1) to construct a building or structure;
2) to commence a Use or change of intensity of Use;
3) to make an addition or alteration thereto; or
4) to place a Sign on land;
for which a Development Permit is required but has not been issued or is not
valid under this Bylaw.
503
Stop Order and Right of Entry
503.1 Pursuant to the Municipal Government Act, the Development Authority may
issue, to any or all of the following:
1)
the owner of the land, building or structure;
2)
the person in possession of the land, building or structure; and
3)
the person responsible for the contravention, a Stop Order under the Act.
503.2 Where a person fails or refuses to comply with the Stop Order, the Municipality
may take such action as is necessary to carry out the order.
503.3 The costs and expenses incurred in carrying out a Stop Order shall be placed on
the tax roll. The amount so placed shall be deemed for all purposes to be a tax
imposed pursuant to the Municipal Government Act, from the date it was added
to the tax roll and forms a special lien against the parcel of land in favour of the
municipality from the date it was added to the tax roll.
503.4 After notice to the owner or occupant in accordance to the Municipal Government
Act, a Development Authority, or Bylaw Enforcement Officer, may enter a
property to conduct any inspection to determine compliance with this Bylaw.
503.5 A person shall not prevent or obstruct a Development Authority, or Bylaw
Enforcement Officer, from carrying out any official duty under this Bylaw or the
Act.
Part 6: General Regulations
601
Application of this Part
601.1 Regulations in Part 6: General Regulations apply to all land use districts, unless
different regulations applying to particular land use districts are set out in Part 7:
Land Use District Regulations of this Bylaw.
601.1 No lot shall be created by subdivision unless it has access to a developed public
road, built to municipal standards.
601.2 No Development Permit shall be issued unless the lot has access to a
maintained road, built to the standards of the road authority.
601.3 Access by easement alone is not sufficient to satisfy the Sections above, except
in the case of a highway commercial development, where mutual crossing
agreements with the municipality may be accepted.
602 Accessory Buildings and Garages
602.1 Where a structure is attached to the principal building on a site by a roof, an open
or enclosed structure, a floor or a foundation, it is to be considered a part of the
principal building and not as an accessory.
602.2 Accessory buildings in an exterior side yard are permitted.
602.3 Detached garages and accessory buildings shall be located:
1) a minimum of 3 m (10 ft) from the dwelling;
2) no closer to the front property line than the front of the main building;
3) no closer than 1 m (3.3 ft) from any property line, except where the vehicle
doors of the detached garage face a lane or street abutting the site, in which
case the garage shall be no closer than 6 m from the lane or street;
4) no closer than 1 m (3.3 ft) from the side property line except where an
agreement exists between the owners of adjoining properties to build their
garages centered on the property line, in which case a fire wall shall be
constructed to the satisfaction of the Fire Chief;
5) no closer than 1 m (3.3 ft) from the side property line and from the rear
property line in the case of an angular or curved approach from a lane; and
with roof overhang within 0.5 m (2 ft) of the side or rear property line.
602.4 Accessory buildings including garages shall not be permitted unless the
principal building is constructed, or proposed to be constructed, on the same lot
as part of the same development permit.
603
Airports and Airstrips
603.1 Where a development is proposed within 1,000m of the boundary of an airport or
airstrip, or when the Development Authority deems necessary, the Development
Authority shall refer the proposal to Transport Canada and to the airport authority
for an opinion.
603.2 If, in the opinion of Transport Canada or the airport authority, the proposed
development would conflict with flight operations, the Development Authority may
refuse the application, or may require that it be amended to mitigate the conflict.
603.3 The provisions of this Section shall take precedence even where a proposed use
is permitted under another Section of this Bylaw.
604
Alberta Building Code
604.1 The design and construction of new buildings shall be in accordance with the
Alberta Building Code regulations.
604.2 Building separations are identified in Part 7: Land Use District Regulations and
Part 6: General Regulations. A relaxation may be permitted if a waiver has been
obtained from the Fire Chief.
605
Apartments
605.1 In addition to the specific regulations noted in this bylaw, the Development
Authority, when issuing a development permit for a high density residence
building, may impose such conditions as he thinks necessary regarding building
size, location on lot, setbacks, parking, access, landscaping, and such other
matters as appear necessary to protect the interest of future residents of the
proposed building, neighbouring residents, and the municipality as a whole.
606
Auto Wreckers
606.1 The part of an auto wrecking site used for storage and dismantling of vehicles
shall be fenced to a height of at least 2m (7 ft) with opaque material of a colour
and material satisfactory to the Development Authority.
606.2 As a condition of issuing a Development Permit for an auto wrecking yard, the
Development Authority may set standards of performance and maintenance, and
may require that a security deposit be posted to guarantee the required
standards are met.
606.3 If the operator of an auto wrecking yard does not meet the standards set out in a
Development Permit, the municipality may revoke the Development Permit,
proceed under Sections 645 and 646 of the MGA, and use the security, as per
Part 5: Enforcement, to offset any costs to the municipality.
607
Bare Land Condominiums
607.1 The Subdivision Authority will not endorse a bare land condominium plan unless
it has been approved through the subdivision process.
607.2 Prior to endorsing a bare land condominium plan, the municipality may require
that roads and reserves are first created by subdivision.
607.3 Bare land condominiums, and property owned by a number of people, must be
laid out in such a way that, should the land be subdivided at a future date,
individual owners can obtain title to lots which meet the requirements of the MGA
for separate titles.
608
Bed and Breakfasts
608.1 Bed and Breakfasts must be run by the resident owners of the property.
608.2 A Bed and Breakfast shall not change the residential character and appearance
of the building, and the Development Authority may regulate signage and other
matters to that end.
608.3 A Bed and Breakfast shall have no more than four guest rooms, and these rooms
must be located in the main building.
608.4 The Development Authority may stipulate a lower number of guest rooms to
maintain the residential character of the community.
608.5 The only meal provided to the registered guests in a Bed and Breakfast shall be
breakfast, and no food shall be prepared within the guest rooms.
608.6 One on-site parking stall is required for each guest room in addition to parking
required by Section 634 Parking. On-site parking must be provided at the rear of
the main building in conformity with regulation 608.2 noted above.
609
Cannabis
609.1 Cannabis Retail Sales must be conducted from a permanent building, they
cannot operate from a temporary building, structure or vehicle.
609.2 Cannabis Retail Sales sites must comply with all federal and provincial
requirements. Where the County's regulations are more restrictive the County's
regulations will take priority.
609.3 A Cannabis Retail Sales use must be located at least 500m from any other
existing Cannabis Retail Sales use.
609.4 The separation distance between Cannabis Retail Sales and other uses outlined
in the provincial regulations, as well as other Cannabis Retail Sales uses shall be
measured from the closest point on the parcel (property line) on which the the
proposed Cannabis Retail Sales is located to the closest point of the parcel
(property line) upon which the other use is located. The separation distances
shall not be measured from district boundaries or walls of the buildings.
609.5 The site of a Cannabis Retail Sales shall be landscaped and designed in a
manner consistent with Crime Prevention Through Environmental Design
(CPTED) planning principles.
609.6 Cannabis Retail Sales can only operate from 10am to 10pm.
609.7 The operator of a Cannabis Retail Sales must ensure that nuisances, including
odour, are addressed to the satisfaction of the Development Authority.
609.8 The sale of Cannabis and Cannabis Accessories is limited to a Cannabis Retail
Sales use in the Land Use District(s) of the Land Use Bylaw. Cannabis Retail
Sales, Cannabis Accessories, and Cannabis Lounges will not be considered a
like or similar use to any other commercial, industrial, residential, or institutional
use.
610
Communication Towers
610.1 Industry Canada is responsible for regulating radio communication in Canada
and for authorizing the location of radio communication facilities, including
communication towers. In making its decision regarding the communication tower
and related facilities, Industry Canada considers the following:
1) the input provided by the Development Authority;
2) compliance with Transport Canada's painting and lighting requirements for
aeronautical safety;
3) Health Canada's safety guidelines respecting limits of exposure to radio
frequency fields; and
4) an environmental impact assessment may be required in order to comply with
the Canadian Environmental Assessment Act.
610.2 An applicant shall consider the following:
1) Unless demonstrated to be impractical, transmission antennae shall be
mounted on existing structures (including buildings or towers).
2) The tower base and guy wire anchors must meet all applicable setbacks to
roads and property lines.
3) Communication towers shall be located in a manner that minimizes adverse
visual impacts on surrounding natural environment and residential
communities. The Development Authority may require landscaping and/or
screening measures to mitigate adverse visual effects.
4) Sites for commercial communication towers shall be fenced with suitable
protective anticlimb fencing as required by the Development Authority.
610.3 All applications for new communication towers shall identify any existing such
structures within a 3.2 km (2 mile) radius of the proposed structure, and shall
provide documentation explaining, to the satisfaction of the Development
Authority, why co-location is not a viable alternative to a second structure. Where
Transport Canada requires that a communication tower be lighted, the applicant
shall ensure that lighting impacts on adjacent properties are minimized.
610.4 In addition to the requirements enumerated in Regulation 304, a Development
Permit application for a Communication Tower shall identify existing vegetation to
be retained, removed, or replaced, as well as avoidance or mitigation measures,
land uses and structures on the site and abutting properties, and demonstration
that the site location has minimal impacts on adjacent lands.
611
Connection to Municipal Services
611.1 All developments must connect to municipal services unless hook-up to the
services is unfeasible or undesirable, the Development Authority may then
accept alternative servicing measures provided that the servicing measures
meets the requirements of provincial guidelines, regulations and legislation.
612
Corner and Double Fronting Lots
612.1 Notwithstanding the provisions of this Bylaw, the Development Authority may
require any corner site to provide an additional front yard or yards other than that
required by the Bylaw, having regard to the orientation and access of any
development, conditions pertaining to roadway visibility, and the front year
requirements of adjacent properties.
613
Damage to Local Improvements
613.1 The Development Authority may require, as a condition of issuing a development
permit, that a developer provide a letter of credit or cash security to cover cost of
repairing local improvements which may be damaged during process of
development. The security shall be returned if no damage results from
development.
614
Design, Construction, and Treatment of Buildings
614.1 The design, siting, external finish, and architectural appearance of any proposed
building, structure, or sign must be acceptable to the Development Authority
having due regard for the amenities and character of the existing development
and neighbouring development.
6.14.2 In addition to the specific regulations noted in this Bylaw, the Development
Authority, when issuing a development permit for a permitted or discretionary
use, may impose such conditions as he thinks necessary regarding:
1) Building size;
2) Location on lot;
3) Setbacks;
4) Parking;
5) Access;
6) Landscaping;
7) Exterior finishes;
8) Elevations;
9) Pedestrian oriented design; and
10) Such other matters as appear necessary to protect the interest of future
development, neighbouring properties, and the municipality as a whole.
615
Decks
615.1 For the purpose of establishing yards and setbacks,
1) a deck which is attached to a main building, and which has a walking surface
60 cm (2 feet) or more above ground, is deemed to be part of the main
building; and
2) a deck which has a walking surface less than 60 cm (2 feet) above ground is
not bound by yard and setback requirements.
616
Drive In Businesses
616.1 Location: Despite their being listed as approved uses in a land use district, drive
in businesses are permitted only where passing traffic will not be impeded, and
traffic entering and leaving the business will not endanger pedestrians.
616.2 Curb Cuts: Curb cuts shall be situated at a location approved by the
Development Authority, and no closer than 12 metres (40 feet) to the curb
intersection of two streets.
616.3 Hard surfacing: All parts of the site to which vehicles have access shall be hard
surfaced and drained to the satisfaction of the Development Authority.
616.4 Parking and stacking: The lot shall be large enough to accommodate all
necessary parking, and provide room for vehicles awaiting service so that they
do not back up into the adjacent street.
616.5 Garbage control: The site shall be provided with adequate garbage receptacles
and shall be fenced to the satisfaction of the Development Authority so garbage
is prevented from blowing off the site.
616.6 Screening: Adequate painted fencing not less than 1m (3ft) high shall be required
and shall be erected as to prevent dispersal of litter from the site.
617
Encroachments and Overhangs into Yards
617.1 Balconies and decks may encroach into the required yard setback by the
following distances:
1) 1.5 metres (5 feet) into yards of 4 metres (13 feet) or more, and
2) 60 cm (2 feet) into yards of less than 4 metres (13 feet).
617.1 Other features attached to a building such as bay windows, chimneys, eaves,
open steps, and sills may encroach into the required yard setback required by
Part 7 by the following distances:
1) 60 cm (2 feet) into yards of 1.5 metres (5 feet) or more, and
2) 0.45m (18 inches) into yards of less than 1.5 metres (5 feet).
617.2 Encroachments greater than those set out above may be allowed by the
Development Authority but are deemed to be discretionary and thus appealable.
618
Encroachments and Overhangs into Roads
618.1 No sign, building, or parking stall may encroach over or onto a road unless the
person responsible for the encroaching object
1) has signed an encroachment agreement with the municipality, and
2) where required by the municipality, maintains liability insurance of at least $1
million and naming the municipality as co-insured.
618.1 This section does not apply to fascia signs encroaching less than 30cm over a
road.
619
Fabric Covered Buildings
619.1 The Development Authority may issue a Development Permit for a fabric covered
building, for a specific time frame, at their discretion.
619.2 The applicant shall reapply for the Development Permit prior to the expiry of the
original Development Permit, and provide photos less than thirty (30) days old, at
which time the fabric covered building shall be inspected with regard to aesthetic
appeal, structural stability, and safe functioning.
619.3 Notwithstanding the above, a fabric building whose footprint is under 10.0m2 is
considered an accessory building, and does not require a Development Permit.
619.4 The Development Authority may refuse to issue a Development Permit for a
fabric covered building if there is no main building on the lot.
620 Fences
620.1 In residential districts, no fence shall be higher than 2 metres (7 feet) in side and
rear yards and no higher than 1 metres (3 feet) in front yards.
620.2 In all other districts the maximum fence height will be at the discretion of the
development authority.
620.3 The height limits for front yard apply to any side of a lot facing or flanking a
street.
620.4 The maximum fence heights allowed in this section do not apply to swimming
pools, which are governed by the Alberta Building Code.
620.5 Barbed wire may be used only
1) for fences surrounding land on which the grazing of livestock is allowed, and
2) as the top strand of a fence in a commercial or industrial district, and provided
the top strand is at least 2 metres (7 feet) above ground level.
620.6 No electric fence shall be constructed except as an internal cross-fence on land
on which grazing of livestock is allowed.
620.7 No fence or other obstruction to visibility shall be constructed within 3 metres (10
feet) of the intersection of two lanes, as shown in the diagram below.
620.8 A person wishing to construct a fence that does not comply with this section shall
apply for a Discretionary Development Permit and the permit shall be advertised.
620.9 Fences shall be constructed of a material satisfactory to the Development
Authority.
620.10 All fencing and hedges shall be located on private property.
621
Garage Sales
621.1 A maximum of three (3) garage sales per calendar year may be held from one
location and for no longer than three (3) consecutive days.
621.2 A Home Business Development Permit shall be required to exceed the
restrictions defined in Regulation 624.1.
622
Grading of Lots
622.1 No land shall be filled or raised, and no grading or drainage shall be undertaken,
affecting adjacent property, unless a development permit has been issued for the
work.
1) Any lot grading and drainage must comply with the municipality's engineering
standards or, if no such standards have been adopted, with good municipal
engineering practice.
2) In no case shall the water from one lot drain on to another lot unless this is
explicitly allowed in a development permit AND the person whose lot is being
drained has the written permission of the person whose land will receive the
water.
623
Height of Buildings
623.1 No dwellings or other buildings containing sleeping accommodation shall be
constructed with more than two floors above ground level without the specific
approval of the Development Authority acting on the advice of the municipal Fire
Chief and/or Safety Codes Officer.
624
Home Business
624.1 A Development Permit shall be required for any new Home Business from the
date of passing of this Bylaw.
624.2 A Home Business shall be considered an accessory use to a principal dwelling.
624.3 A maximum of one (1) Home Office or Home Business is permitted per lot in
conjunction with a principal dwelling.
624.4 A Home Business:
1) May not occupy more than 25% of the gross floor area of the principal
building;
2) May use accessory buildings for business activities, provided the accessory
buildings meet the requirements of the district and Subsection 602;
3) Shall maintain the residential character of land, buildings or structures;
4) Shall not produce offensive noise, vibration, smoke, dust, odours, heat, glare,
electrical or radio disturbance;
5) Shall not adversely affect the privacy and enjoyment of adjacent dwellings or
the amenities of the neighbourhood;
6) Shall not permit Outside Storage;
7) Shall have a maximum of three (3) employees on site at any one time, of
which only one (1) may be a non-resident; and
8) Shall have a maximum of six (6) persons, including employees and clients, on
site at any one time.
624.5 It is the responsibility of the business operator to obtain any other approvals or
licenses that may be required by other legislation and regulations.
624.6 Automotive Services shall only be considered a Home Business if all activities
are fully contained within a building and no more than one (1) vehicle is on site
for service at any time.
624.7 Signage for a Home Business shall not exceed 0.3 m2 and shall be placed inside
a window or flat on a building, so as to not project into any yards.
624.8
Not more than one (1) commercial vehicle with one (1) accessory trailer (gross
vehicle weight not exceeding 4,500 kgs), shall be used in conjunction with any
Home Business.
624.9
If, at any time, any of the requirements for Home Businesses have not been
complied with the Development Authority may suspend or cancel the
Development Permit.
624.10 Off-street parking shall be in accordance with Section 634 of this Bylaw.
Parking for all commercial vehicles associated with a Home Business must be
provided on the lot upon which the Home Business is located.
625
Industrial Development and Waste
625.1 Any disposal of waste shall comply with all Provincial Regulations and municipal
Waste Management Bylaws, where applicable.
625.2 The Development Authority may require, as a condition of a Development Permit,
for any dangerous goods that are produced; processed; handled; stored; or
disposed of on-site, that a risk assessment review statement is prepared by a
qualified professional satisfactory to the Development Authority, to determine
whether the proposed development is to be approved, approved with conditions,
or refused. Guidelines for preparation of the risk assessment review statement
will be provided by the municipality.
625.3 With all Industrial Development Permit applications, the applicant must provide
an environmental management plan that describes how the facility will avoid, in
the case of a flood, the release into the environment of a substance in an
amount, concentration or level, or at a rate of release that causes or may cause
significant adverse effect.
625.4 The Development Authority may require the environmental management plan to
address any or all of:
1) materials and solid waste in general
2) liquid waste
3) Noxious odours
4) Noise and vibration
5) Energy efficiency
6) traffic
625.5 The Development Authority may require a construction management plan
indicating how the following goals will be addressed:
1) Minimize waste, e.g. by selecting products that conform to required material
dimensions
2) Separate waste materials for recycling where possible, and
3) Manage hazardous materials and wastes
625.6 Where the development is connecting to a municipal sanitary sewer system, the
developer must show the quality of effluent leaving the site meets the municipal
treatment requirements, or provide for pre-treatment onsite to ensure compliance
with the municipal standards.
626
Keeping of Animals
626.1 This section does not apply to auction marts, veterinary clinics, land occupied by
an agricultural society, or land owned by the municipality and rented to third
parties for farming purposes.
626.2 No livestock are permitted within the municipality, other than on lands designated
as Urban Reserve, or as approved in a separate bylaw (e.g. Chicken Bylaw).
626.3 In the Urban Reserve district, no livestock are allowed unless the parcel is
greater than 1.2 hectares (3 acres), in which case a pony, horse or cow may be
permitted for every 1.2 hectares (3 acres) or part thereof in excess of 1.2
hectares (3 acres).
626.4 Sensitive natural areas, such as wetlands and riparian areas should be fenced
from livestock.
626.5 Manure shall not be left unincorporated for an unreasonable length of time within
300m of a residence, school, hospital, or food establishment, unless the owner of
the residence, school, hospital, or food establishment consents in writing.
627
Landscaping and Screening
627.1 The Development Authority shall use his discretion in requiring all development
to be properly screened and maintained. In considering a Development Permit
application, the Development Authority may:
1) Impose landscaping or screening requirements as conditions on a
Development Permit for any permitted or discretionary use if they would serve
to improve the quality or compatibility of the proposed development with
surrounding properties.
2) Impose conditions requiring the retention of trees or additional plantings of
such a type and extent that are considered necessary
3) Require that a landscaping plan be submitted in conjunction with an
application for any non-residential development, and that the landscaping
plan be approved by the Development Authority prior to the issuance of the
Development Permit
4) Require screening from view any development that is:
a) Designated for commercial, industrial or institutional uses, and is located
adjacent to a residential property line or to lanes that abut a neighbouring
residential property.
b) Designated for commercial, industrial or institutional uses, and is located
adjacent to a provincial highway or municipal road or municipal road
allowance.
c) Used for storage of goods, sea cans, machinery, vehicles, buildings, or
waste materials except for the purposes of sale, promotion display; and/or
d) Used as a landfill site, gravel pit, sewage lagoon, sewage treatment plant,
parking lot, auto wrecking operation, salvage yard, lumber yard, or similar
use.
5) Relax or vary any screening or landscaping requirements where such a
relaxation or variance would improve the quality or compatibility of the
proposed development or would not adversely impact surrounding properties;
and
6) Require, as a condition of a Development Permit, that the owner enter into a
development agreement with the municipality respecting the landscaping that
will be required by the Development Authority. Under the agreement, the
owner shall provide the municipality with an irrevocable letter of credit or other
security acceptable to the municipality for a value equivalent to 100% of the
estimated cost of the work, as deemed acceptable by the municipality, to
ensure that the landscaping is completed with reasonable diligence within one
year from the date the Development Permit is issued, and adequately
maintained for two (2) additional growing seasons thereafter.
627.1 Screening requirements shall be determined at the discretion of the Development
Authority at the time of Development Permit application, but in general, screening
shall consist of fences, hedges, landscaped earthen berms, or a combination
thereof, and shall be constructed to a minimum height of 1.83 (6 ft).
627.2 Wherever practicable, existing natural vegetation should be retained and
plantings for landscaping or screening purposes should be drought-tolerant
and/or indigenous species.
627.3 Natural vegetation may be applied to satisfy landscaping or screening
requirements as determined by the Development Authority.
628
Lighting and Light Pollution in Commercial & Industrial Districts
628.1 Exterior lighting shall not be a hazard or a nuisance to roadway traffic or adjacent
properties.
628.2 Any outdoor lighting for any development shall be located and arranged so that
no direct rays of light are directed at any adjoining properties, interfere with the
use and enjoyment of neighbouring lands, or interfere with the effectiveness of
any traffic control devices.
629
Loading
629.1 Each loading space shall have dimensions of not less than 3 metres (9.8 feet) in
width and 8 metres (26.2 feet) length.
629.2 Each loading space shall be graded and surfaced to dispose of stormwater
runoff.
629.3 The following chart is offered as a guide to the Development Authority in
requiring a minimum number of off-street loading spaces in relation to various
new development proposals. Complete discretion shall be exercised by the
Development Authority in the matter, but in no case shall a development not
provide any off-street loading spaces.
USE
MINIMUM NUMBER OF SPACES
Retail, industrial or similar uses
1 per 500m2 (5382ft2) of gross floor area
Two spaces required between 500m2 (5382ft2) and
2500m2 (26,911ft2) of gross floor area, and
Additional space for each additional 2500m2
(26,911ft2) of gross floor area or fraction thereof
Office buildings, schools, inst, etc 1 per 2500m2 (26,911ft2)
629.4 All off street loading facilities shall:
1.
Be designed so that no part of a vehicle encroaches on a street, lane, or
other public property; and
2.
Shall be screened from any residential use adjacent to the property.
3.
Each loading space shall be graded and surfaced to dispose of stormwater
runoff.
630
Manufactured Home
630.1 Manufactured Homes mounted on permanent foundations, may exist provided
that the Development Authority is satisfied that the unit will not be an eyesore or
a fire hazard or otherwise degrade the neighbourhood.
630.2 All accessory structures such as patios, porches, additions, skirting, and storage
facilities shall be of a quality satisfactory to the Development Authority, so that
the design and construction will complement the manufactured home.
630.3 The undercarriage of each manufactured home shall be suitably enclosed from
view by skirting or such other means that is satisfactory to the Development
Authority. Hitches shall be removed or properly screened.
630.4 Each manufactured home shall be placed upon a concrete pad, or minimum
gravel base, with four concrete piles with tie down loops, and supported by
blocks, as approved by the Development Authority.
630.5 All manufactured homes must be CSA approved.
631
Moved-In Buildings
631.1 Existing buildings may be moved on to a lot in the municipality where this is
explicitly allowed in the regulations for the particular land use district.
631.2 A person wishing to move an existing building on to a lot shall make an
application for a development permit in the usual way and shall also provide:
1) photographs showing all sides of the building;
2) a statement of the type of construction, condition, and age of the building;
3) a statement indicating the present location and use of the building; and
4) a statement of proposed improvements with an estimate of costs.
631.3 The Development Authority may inspect the building which is proposed to be
moved in, or have another qualified person do so, and in either case the
expenses of such inspection, including the inspector's time, shall be paid by the
applicant before any development permit is issued.
631.2 The Development Authority shall consider whether the building is compatible with
the character of the neighbourhood in which it is proposed to be set, and may
refuse a development permit if, in his opinion, the building is unsuitable.
631.3 The Development Authority may issue a development permit subject to such
conditions as he believes necessary to bring the building up to a suitable
standard within 12 months from the date of issuance of the development permit.
631.4 The Development Authority may also require security in the form of a letter of
credit or cash under Section 308 of the Bylaw.
631.5 This section does not apply to new storage sheds, or to temporary buildings
authorized under Section 303 of the bylaw, or to new manufactured houses being
moved in to a district where they are a permitted or discretionary use.
632 Parking
632.1 The minimum size for a parking space shall be as stated in the following table:
A
B
C
D
E
F
G
Parking
Angle in
Degrees
Width
of Stall
in
Metres
Depth of Stall
Perpendicular
to
Maneuvering
in Metres
Overall
Depth in
Metres
Width of
Maneuvering
Aisle in
Metres
Stall
Width
in
Metres
Free
Space
Length
in
Metres
0
3
3
10
4
5.5
0
30
3
5
14
4
6.0
8.7
45
3
5.5
15
4
4.2
5.5
60
3
5.5
17
6
3.5
3.6
90
3
5.5
17
6
3.0
0
632.2 The minimum number of off-street parking spaces required for each
use/development shall be as stated in the following table.
Use of Building/Development
Minimum Required Spaces
1 & 2 family dwelling unit
3 family & greater dwelling units
1 per dwelling unit
1.5 per dwelling unit
Retail Stores
Food establishment, etc.
Hotels, motels, etc.
1 per employee
1 per 3 employees and
1 per 10 seating spaces
1 per 3 employee and
1.0 per sleeping unit
Religious institutions, halls, etc.
1 per three employees and
1.0 per ten seating spaces or when the
greatest amount of parking will be
required after normal business hours,
the Development Authority may count
nearby public parking as part of the
required on-site parking.
Elementary/Junior High
Senior High School
1 per employee
1 per employee plus
1.0 per twenty students
Manufacturing, wholesale, etc.
1.0 per employee
Hospitals and similar use
1 per employee plus
1.0 per four beds
Mixed Uses
Proposed developments of more than
one use shall provide parking stalls
equal to the sum of the requirements
for the individual uses.
Other
To the satisfaction of the Development
Authority.
633 Prohibited Objects in Yards
633.1 In a residential district, no person shall keep a vehicle weighing greater than
4500 kg for longer than is reasonably necessary to unload the vehicle.
633.2 Despite section 635.1, a motor home or other recreational vehicle may be stored
on a lot.
633.3 In a residential district, no person shall keep visible any wrecked or partially
dismantled vehicle, or any other object which in the opinion of the Development
Authority is unsightly or offensive.
633.4 Garbage shall be contained in weatherproof and animal-proof containers.
633.5 No person shall keep on any visible part of any lot:
1) Any dismantled or wrecked vehicle for more than one month.
2) Any object which is unsightly or will offend neighbours, in the opinion of the
Development Authority.
636
Religious Institution
636.1 The site on which a religious institution is situated shall have a minimum frontage
of 30 metres (98.4 feet).
636.2 Front, side and rear yards shall be those required within the district in which the
religious institution site is located.
637
Safety and Suitability of Building Sites
637.1 Notwithstanding that a use of land may be permitted or discretionary in a land
use district, the Subdivision Authority may refuse to approve the subdivision of a
lot and the Development Authority may refuse to issue a Development Permit, if
in his opinion, the proposed building site is not safe and/or suitable for the
intended structure.
637.2 A building site is deemed unsafe or unsuitable if it:
1) does not have safe legal and physical access to a public road;
2) is subject to more than a 1:100 annual risk of flooding, calculated using
methods acceptable to Alberta Environment and Parks;
3) has a high water table which makes the site unsuitable for foundations;
4) consists of muskeg or unconsolidated material unsuitable for building;
5) is situated on an unstable slope;
6) is closer than 100 m (328 ft) (or such lesser distance as the Alberta Energy
Regulator (AER) may approve in writing) to an oil or gas well or pipeline;
7) is within the setback distance required by the AER from a sour oil or gas
facility;
8) is situated over an abandoned coal mine or oil or gas well or pipeline;
9) may be endangered by aircraft operations;
10) is unsafe due to contamination by previous land uses;
11) has an inadequate or unsafe water supply;
12) is situated closer to a confined feeding operation, intensive livestock
operation, or manure storage facility than the minimum distance separation
established in AOPA;
13) it is not large enough to accommodate buildings with the yard and setback
requirements of this Bylaw;
14) would prevent or interfere with the natural and economic extension of a
nearby developed area, a coal mine, an oil or gas field, a sewage treatment
plant, a waste disposal or transfer site, a gravel pit, a pipeline, a road system;
or
15) is subject to any easement, caveat, restrictive covenant, or other registered
encumbrance which makes it impossible to build on the site.
637.3 Nothing in this Section shall prevent the Subdivision Authority approving a lot, or
prevent the Development Authority from issuing a Development Permit, if he is
satisfied that there is no risk to persons or property, and the owner/developer:
a) The owner/developer undertakes appropriate remedial actions
b) The owner/developer in writing demonstrates an understanding of the risk;
c) The owner/developer in writing accepts responsibility for the environmental
risk; and
d) That these concerns will be met by appropriate engineering measures.
638
Sequence of Development
638.1 The Development Authority may refuse to issue a Development Permit for an
accessory building if no main building exists on the lot.
639
Service Stations and Gasoline Sales
639.1 The lot containing a service station shall have a minimum area of 1,100 square
metres (12,000 square feet) and shall have a frontage of at least 30 metres (100
feet).
639.2 Where a service station is not part of a larger commercial development such as a
shopping centre, the buildings shall cover no more than 15% of the area of the
lot.
639.3 Fuel pumps and above-ground fuel storage tanks shall be set back at least 9
metres (30 feet) from the front and side property lines, but if this bylaw
contradicts the Alberta Building Code, the Code shall govern.
639.4 A development permit for a service station does not allow autobody work, auto
wrecking, or the sale of vehicles, unless this is specifically written in the
development permit.
639.5 The requirements of section 616, Drive In Businesses, also apply to service
stations.
639.6 Service stations are encouraged to be located at the intersection of 2 or more
streets. Yard requirements are as follows:
Front Yard:
12 metres (39.4 feet)
Rear Yard:
6 metres (19.7 feet)
Side Yard:
One yard setback shall be at least 12 metres (39.4 feet) and
the other shall not be less than 1.5 metres (4.9 feet), provided that where
these uses are located on a flanking street, the 12 metres (39.4 feet) setback
shall be provided on the side of the building abutting the flanking street.
639.7 Notwithstanding that a use of land may be permitted or discretionary in a land
use district, no service station, bulk fuel dealership, or other business dealing in
liquid or gaseous fuels shall be permitted without the approval of the Fire
Commissioner.
640
Setbacks
640.1 Where the municipality or Alberta Transportation and Economic Corridors intends
to widen a road, building setbacks shall be measured from the proposed property
line of the future right of way, where it is known to the Development Authority.
641
Shipping Containers
641.1 Shipping containers shall only be allowed in the land use districts where they are
listed as a permitted or discretionary use in Part 7: Land Use District Regulations.
641.2 When the use of the shipping container is for the purpose of storage it shall be a
permitted use. However, if the use is for a dwelling or other purpose it shall be
discretionary.
641.3 An application for a Development Permit for a proposed shipping container(s)
must be completed and submitted to the Development Authority along with the
appropriate application fee and at least two (2) recent colour photographs of the
container (one end view and one side view) must accompany the application.
641.4 There shall be a primary use on the property where the shipping container is
proposed.
641.5 The front, rear, and side setback requirements shall be regulated by the
Development Authority and the requirements of the appropriate land use district.
641.6 The maximum number of shipping containers permitted in any other land use
shall be two (2), unless otherwise regulated by the Development Authority.
642
Signs
642.1 No permit is required for a sign which:
1) is not visible from a public road or park, or
2) is erected by a government or school authority, or
3) concerns an election, or
4) identifies the address or function of a building or parcel on which the sign
stands, or
5) advertises a sale or event taking place that day, or
6) offers for sale or rent the parcel on which it stands, or
provided the size, style, number, and location of the sign meets the requirements
of this bylaw.
A development permit is required for all signs other than those listed above. No
sign shall be placed on the right of way of a road without the approval of the
municipality.
642.2 Notwithstanding 642.1 temporary signs protected by Section 2(b) of the
Constitution Act, 1982 (Canada), and signs advertising auctions and garage
sales taking place that day, do not require a development permit, and may be
placed on a road provided that the signs are not a danger to public safety, and
are removed promptly after the election or event which is the subject of the sign.
642.3 The Development Authority shall require that a sign overhanging municipal
property be constructed and maintained to such a standard that it is not a hazard
to people, traffic, or property.
642.4 A sign may overhang a road only if the owner of the sign has entered into a
written agreement with the municipality under which he accepts all liability.
642.5 The preceding section does not apply to fascia signs which encroach less that 15
cm (6 inches) over the road.
642.6 In residential districts:
1) Signs shall not exceed 1 square metre (10 square feet), or 3 square metres
(32 square feet) on religious institutional property, and shall not be internally
illuminated, fluorescent, or moving.
2) Signs advertising a home business or home office shall be attached to the
wall of the building in which the office or occupation is carried on.
3) Signs advertising garage and auction sales are permitted one day before and
on the actual date of the sale.
4) Signs shall be in good taste and compatible with the character of the
neighbourhood.
5) No more than one sign for each of the purposes listed in Subsection 642.1
shall be erected on a residential parcel, except where the parcel abuts two or
more roads, a sign may be erected facing each road.
6) Signs advertising commercial activities off site are not permitted.
642.7 Billboards on each side of a highway shall be separated by at least 200 metres.
642.8 For the purposes of this bylaw, vehicles or trailers parked for more that seven
days on a private parcel adjacent to a highway, and bearing advertising material,
are deemed to be signs but not billboards.
642.9 The Development Authority must not issue a development permit for a portable
sign unless the sign is owned by the owner or lessee of the land on which it
stands, or a person holding a current business licence.
642.10 No more than one portable sign may be placed on a lot for each 100 metres of
frontage.
642.11 Portable signs are not permitted in residential districts.
642.12 Council may by resolution set an annual fee to be paid in respect of every
portable sign displayed in the municipality.
642.13 Signs shall be designed, constructed, and maintained at the discretion of the
Development Authority so they are compatible with the quality of the
neighbourhood.
642.14 A sign which is not attached to a building shall be set back from a road or lane
the same distance as if it were a building, unless the Development Authority is
satisfied that it will not interfere with sight lines for drivers.
642.15 Notwithstanding any other part of this bylaw, the Development Authority may
refuse to issue a development permit for any sign which in his opinion would be a
danger to traffic, property, or public safety.
642.16 If in the opinion of the Development Authority a sign is a danger to traffic,
property, or public safety, he may demand the immediate removal of the sign,
and if he is unable to identify the person responsible for the sign, he may obtain
right of entry under Section 542 of the Act, and remove the sign.
642.17 Where this bylaw provides no regulations governing the size, style, number,
purpose, content, or location of sign, a permit may be issued by the Development
Authority, but the use shall be deemed a discretionary use, and may be appealed
to the Intermunicipal Subdivision and Development Appeal Board, which may
confirm, amend, or revoke the permit.
642.18 The erection of signs for whatever purpose, must be approved by the
Development Authority, who shall exercise discretion in sign specifications.
642.19 All Signs shall be designed and placed so that:
1) the size of sign does not dominate in context to other legal signs in the
immediate area; and
2) the size of the sign does not adversely impact the architectural character of
the building or adjacent buildings; and
3) the sign does not obstruct sight lines for vehicular traffic; and
4) the sign does not project onto a right-of-way or adjacent lands.
5) the sign does not obstruct the ability for pedestrians to move freely along the
side walk;
6) the sign does not contribute to clutter on the site adversely affecting the
aesthetic value of the
7) immediate surrounding area; and
8) the cumulative impacts of signage on the overall area does not adversely
impact the aesthetic and visual character of the surrounding area.
642.20 The Development Authority may require the removal of any sign which, in their
opinion is, or has become unsightly, abandoned, or is in such a state of disrepair
as to constitute a hazard.
642.21 Freestanding signs shall be no higher than 6 m and must be in keeping with the
height characteristics of the surrounding area.
642.22 Signs attached to a building shall cover no more than 30% of the area of the
wall elevation it is on.
642.23 Signs attached to a building shall not extend more than 3 m above the roof
grade and shall not exceed the maximum building height.
643
Solar Energy Systems
643.1 No development permit shall be issued for the construction or enlargement of
any building which would significantly reduce the amount of sunlight falling on
any solar collection system which is complete or under construction at the time of
application for a permit.
643.2 Within all residential districts,
1) a solar energy system mounted on a roof with a pitch of less than 4:12 must
not extend beyond the outermost edge of the roof, but may
a) project a maximum of 0.5 m (1.6 ft) from the surface of the roof when the
system is located 5.0 m or less from a side lot line, measured directly from
any point along the property line; and
b) project a maximum of 1.3 m (4.3 ft) from the surface of the roof in all other
cases; and
2) a solar energy system mounted on a roof with a pitch of 4:12 or greater may
project a maximum of 1.3 m (4.3 ft) from the surface of the roof and must not
extend beyond the outermost edge of the roof.
643.3 Within all other districts,
1) a solar energy system mounted on a roof with a pitch of less than 4:12 may
project a maximum of 2.0 m (6.5 ft) from the surface of the roof and must be
located at least 1.0 m (3.0 ft) from the edge of the roof; and
2) a solar energy system mounted on a roof with a pitch of 4:12 or greater may
project a maximum of 1.3 m (4.3 ft) from the surface of the roof and must not
extend beyond the outermost edge of the roof.
643.4 A solar energy system that is mounted on a wall
1) shall be located a minimum of 2.4m (7.9 ft) above grade; and
2) may project a maximum of 0.6m (2.0 ft) from the surface of the wall.
643.5 A ground-mounted solar systems shall be treated as an accessory building for
the purpose of location, height and lot coverage.
644
Sour Gas Facility
644.1 Development proposed within 1.5 kilometers of a sour gas facility shall:
1) Be referred to the Alberta Energy and Utilities Board for comments and
recommendation; and
2) The comments received shall guide the Development Authority in making a
decision on the proposal.
645
Swimming Pools
645.1 Swimming pools shall only be allowed within the rear and side yards.
645.2 Swimming pools, including fencing and gates must meet all provincial regulations
and legislation.
645.3 The method and degree of treatment of water for all private swimming pools shall
be to the satisfaction of the local health authority.
646
Utility Setbacks
646.1 The Development Authority may waive or relax siting and yard regulations where
this is necessary for the efficient operation of a public utility system.
647
Utility Easements
647.1 No building shall be constructed or placed on a utility easement unless:
1) In the opinion of the Development Authority, the building does not restrict
access to the utility easement for the purpose of installation and maintenance
of the utility, and,
2) Written consent has been obtain from the utility company to which the
easement has been granted.
648
Visibility at Corners
648.1 The Development Authority may require the removal of any fence or vegetation
which in his opinion is a hazard to traffic because it obstructs visibility.
Part 7: Land Use District Regulations
701
Designation of Districts
For the purposes of this Bylaw, the municipality is divided into the following districts:
702
Residential District
R1
703
Mixed Residential District
R2
704
Central Commercial District
C1
705
Highway Commercial District
C2
706
Industrial District
M
707
Institutional District
I
708
Park and Recreation District
PR
709
Urban Reserve District
UR
710
Direct Control District
DC
711
Urban Commercial
UC
The land designated to each of these districts is illustrated on the maps attached to this Bylaw as
Schedule B.
702
R1 - Residential District
Purpose: To provide an area for quality, low density residential development in the form of
detached dwellings and compatible uses:
702.1
Permitted Uses:
-
New single family houses of conventional construction
-
Public utility installations
-
Home office
-
Buildings accessory to the above
702.2
Discretionary Uses:
-
Home Business
-
Basement suites
-
Secondary suites
-
Modular homes
-
Manufactured homes
-
Childcare facilities
-
Group home
-
Parks and playgrounds
-
Swimming pools
-
Institutional and public uses
-
Religious institutions
-
Signs
702.3
Minimum Site Area
USE
AREA
Laned lots
500 m2 (5382 ft2)
Laneless lots
550 m2 (5920 ft2)
Corner lots
600 m2 (6458 ft2)
702.4
Minimum Lot Width
Interior parcel
15m (49 ft)
Corner parcel
17m (56 ft)
Religious Institutions
30.5m (100 ft)
702.5
Minimum Lot Depth
30.5 (100 ft)
702.6
Minimum Setback Requirements
(i)
Front Yard:
Main Building
6 m (20 ft)
Accessory Building
No closer to the front property line than the front of the main
building
(ii)
Side Yard:
Main Building:
Laned
1.5 m (5 ft)
Laneless
One side 1.5 m (5 ft) other side 3m (10 ft)
Corner lot
Side abutting street 3m (10 ft) or in the case of a building with an
attached garage which faces the street the building shall be
setback 6m (20 ft) from the roadway, other side 1.5m (5 ft)
Accessory building
1m (3 ft) except where an agreement exists between the owners
of adjoining properties to build their garages centered on the
property line, in which case a fire wall shall be constructed to the
satisfaction of the fire chief. Also, where the vehicle doors of a
detached garage face a street abutting the site, the garage shall
be no closer than 6m (20 ft) from the roadway.
No roof overhang shall be within 0.5m (20 inches) of a side property line
(iii)
Rear Yard:
Main Building
6m (20 ft)
Accessory building
No closer than 1m (3 ft) from the rear property line, excepting
where the vehicle doors of the detached garage face a lane
abutting the site in which case the garage shall be no closer than
6m (20 ft) from the lane.
No closer than 1m (3 ft) from the rear property line in the case of
an angular or curved approach from a lane.
No roof overhang shall be within 0.5m (20 inches) of the rear property line
702.7
Minimum Floor Area
(a) Residential
85 m2 (914 ft2)
(b) All other uses
to the satisfaction of the Development Authority
702.8
Maximum Building Height
(a) Main building
10m (33 ft)
(b) Accessory building
5m (16 ft) except within a public park and/or playground the
maximum height shall be 10m (33 ft)
702.9
Maximum Site Coverage
(a) 40% for total combined area of the principal and all accessory buildings
(b) 12% for total combined are of all accessory buildings
702.10 Maximum Number of Accessory Buildings
No more than two (2) accessory buildings shall be placed on one lot
702.11 In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply
703
R2 - Mixed Residential District
Purpose: To allocate lands for the use and development of a wide range of residential housing
types.
703.1
Permitted Uses:
-
New single family dwelling of onsite construction
-
Modular homes mounted on permanent foundations
-
Home Office
-
Public utility installations
-
Accessory buildings to the above
703.2
Discretionary Uses:
-
Duplexes
-
Apartments
-
Row houses
-
Bed & Breakfast
-
Boarding houses
-
Group home
-
Manufactured Homes
-
Moved-in single family dwellings
-
Parks and playgrounds
-
Religious Institutions
-
Schools
-
Secondary Suites
-
Swimming Pools
-
Home Business
-
Accessory buildings to the above
-
Signs
703.3
Minimum Site Area
USE
AREA
Single family dwelling, modular homes &
Moved in single family dwellings;
Laned lots
370 m2 (3983 ft2)
Laneless lots
465 m2 (5005 ft2)
Duplexes
555 m2 (5974 ft2)
Row housing
240 m2 (2583 ft2)
Apartment:
4 units or less
555 m2 (5974 ft2)
4+ units
1100 m2 (11,841 ft2)
Manufactured homes
475 m2 (5113 ft2)
Other uses To the satisfaction of Development Authority
703.4
Minimum Lot Width
Interior parcel
15m (49 ft)
Corner parcel
17 m (56 ft)
703.5
Minimum Lot Depth
Manufactured homes
33.5m (110 ft)
All other uses
30.5m (100 ft)
703.6
Minimum Setback Requirements
(i)
Front Yard:
Main building
3m (10 ft)
Other Uses
6m (20 ft)
Accessory building
No closer to the front property line than the front of the
main building and must be at least 2m (7 ft) from the
dwelling
(ii) Side Yard:
Manufactured homes:
Laned
1.5m (5 ft) over 5m (16 ft)
Laneless
Same as laned
Corner lot
Sideyard abutting street 3m (10 ft) other 5m (16ft)
Accessory building:
Laned
1m (3 ft) from any property line provided that the access doors
are no closer than 6m (20 ft) from opposite property line or
where an agreement exists between owners of adjoining
properties to build their garage centred on the property line, in
which case a fire wall shall be constructed to the satisfaction of
the fire chief.
No roof overhang shall be within 0.5m (20 inches) of a side
property line
Laneless
Same as laned
Corner lot
Side yard abutting a street 3m (10 ft) except when the access
doors face the street then 6m (20 ft)
Other 1m (3 ft)
No roof overhang shall be within 0.5m (20 inches) of the side
property line.
Other Uses:
Laned
1.5m (5 ft)
Laneless
one at 1.5m (5 ft) other a 3m (10 ft)
Corner lot
Side abutting the street 3m (10 ft) except where an attached
garage faces a street then the setback shall be 6m (20 ft)
Other at 1.5m (5 ft)
(iii) Rear Yard:
Manufactured Home
5m (16 ft)
Other uses
6m (20 ft)
Accessory building
1m (3 ft) except where the access doors face the land then the
setback is 6m (20 ft).
No roof overhang shall be within 0.5m (20inches) of the rear
property line
703.7
Minimum Floor Area
(a) Residential
80 m2 (861 ft2)
(b) All other uses
To the satisfaction of the Development Authority
703.8
Maximum Building Height
(a) Main building
10m (33 ft)
(b) Accessory buildings
5m (16 ft) except within a public park and/or playground the
maximum height shall be 10m (33 ft).
703.9
Maximum Site Coverage
(a) 40% for total combined area of the principal building and all accessory buildings
(b) 12% for total combined area of accessory building
703.10 Maximum Number of Accessory Buildings
No more than two (2) accessory buildings shall be placed on one lot.
704.11 In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
704
C1 - Central Commercial District
Purpose: To provide land for the development of retail land uses in the central retail core.
704.1
Permitted Uses:
-
Retail stores
-
Office buildings
-
Public and institutional uses
-
Hotels and motels
-
Professional buildings and clinics
-
Parking areas
-
Banks and financial institutions
-
Theatres and halls
-
Restaurants and eating establishments
-
Funeral parlors
-
Parks and playgrounds
-
Public utility installations
-
Personal service establishments (dry cleaning, barber, etc.)
-
Dwelling units above first floor
-
Wholesale/retail and warehousing - where the front portion of the building consists of not less
than 30% of the floor area is used for offices, shop and/or counters and display cases, and
where open storage of food is not permitted - bakery, liquor store, laundry.
704.2
Discretionary Uses:
-
Pool halls
-
Bowling alleys
-
Cinemas
-
Convenience Stores
-
Gasoline service stations
-
Liquor Store
-
Automotive & machinery sales and repairs
-
Workshops & workshop accessory to retail uses
-
Private clubs, lodges and organizations
-
Permitted & discretionary residential district uses from the R1 district
704.3
Minimum Site Requirements
(a) Gasoline service stations shall require 295 m2 (9956 ft2) of which 50% will be open space
(b) All other uses shall require 230 m2 (2476 ft2)
704.4
Minimum Lot Width - 7m (23 ft)
704.5
Minimum Lot Depth - 30.5m (100 ft)
704.6
Minimum Setback Requirements
(a) Front Yard - not required
(b) Side Yard
(i) Gasoline service stations shall require 1.5m (5 ft)
(ii) All others do not require a side yard unless directly abutting a residential lot. In such
cases the side yard shall be 2m (7 ft) for that side of the lot or one half the building's
height or at the discretion of the fire chief, whichever is greater.
(c) Rear Yard
No part of the main building shall be closer than 3m (10 ft) to the rear property line to provide
loading and waste disposal requirements.
704.7
Maximum Building Height - 10m (33 ft) without the approval of the fire chief
704.8
Maximum Site Coverage - 90% for all buildings
704.9
Lanes - Each parcel shall have access to a lane at the side or rear
704.10 Permitted & Discretionary Residential Uses
Provisions for these uses shall be at the discretion of the Development Authority. The provisions
within the residential district may be used as a guideline.
704.11 Accessory Buildings
(a) Accessory buildings shall be at least 3m (10 ft) from the main building
(b) Other provisions for accessory buildings shall be at the discretion of the Development
Authority
704.12 In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
705
C2 - Highway Commercial District
Purpose: To provide land for those commercially oriented land uses requiring larger tracts of
land for efficient operation and those which serve the travelling public.
705.1
Permitted Uses:
-
Drive-in restaurants or similar eating establishments
-
Travel trailer parks and campsites
-
Bulk oil and gas depots
-
Hotels and motels
-
Parking areas
-
Banks and financial institutions
-
Theatres and halls
-
Restaurants and eating establishments
-
Funeral Parlours
-
Parks and playgrounds
-
Public utility installations
-
Personal Service Establishments (dry cleaning, barber, etc.)
-
Dwelling units above first floor
-
Wholesale/retail and warehousing - where the front portion of the building consists of not less
than 30% of the floor area is used for offices, shop and/or counters and display cases and
where open storage of goods is not permitted - bakery, liquor store, laundry
-
Pools rooms
-
Bowling alleys
-
Cinemas
-
Gasoline service stations
-
Automotive and machinery sales and repair
-
Workshops & workshop accessory to retail stores
-
Private clubs, lodges and organizations
705.2
Discretionary Uses:
-
Retail stores
-
Convenience stores
-
Permitted & discretionary residential district uses from the R1 & R2 districts
-
Liquor Stores
-
Offices
-
Car washes
-
Public & institutional uses
-
Professional buildings and clinics
705.3
Minimum Site Requirements - 1000 m2 (10,764 ft2)
705.4
Minimum Lot Width - 30.5m (100 ft)
705.5
Minimum Setback Requirements
(a) Front Yard: 6m (20 ft)
(b) Side Yard: 3m (10 ft) or 10% of the lot width, whichever is lesser
(c) Rear Yard: 6m (20 ft)
705.6
Front Yard - All front yards shall be paved or filled with mixed gravel compacted 95% proctor or
more, or landscaped
705.7
Maximum Floor Area
(a) Convenience store:
85m2 (915 ft2)
(b) All other uses are to the satisfaction of the Development Authority
705.8
Maximum Building Height - 10m (33 ft)
705.9
Maximum Site Coverage - Maximum site coverage of all buildings shall be determined by the
Development Authority.
705.10 Buffers - A 6m (20 ft) buffer shall be required adjacent to a highway right of way
705.11 Lanes - Each parcel shall have an access to a lane at the side or rear
705.12 Permitted and Discretionary Residential Uses
(a) A dwelling unit may be permitted either attached or on a second storey of a building in this
district provided that before a development permit is granted, the application is referred to the
local health authority for comment and a reply is received
(b) Provisions for these uses shall be at the discretion of the Development Authority. The
provisions within the residential district may be used as a guideline.
705.13 Accessory Buildings
(a) Accessory buildings shall be at least 3m (10 ft) from the main building
(b) Other provisions for accessory buildings shall be at the discretion of the Development
Authority.
705.14 In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
706
M - Industrial District
Purpose: to provide land on which industry of various forms may locate.
706.1
Permitted Uses:
Industrial, manufacturing, processing and similar uses may be permitted provided they do not
cause objectionable, dangerous or undesirable conditions to exist temporarily or permanently
beyond the site boundary, by way of:
-
Noise
-
Vibrations
-
Odour
-
Unsightliness
-
Smoke
-
Dust or other particulate matter
-
Toxic and noxious matters, gases or vapors
-
Radiation hazards
-
Fire and explosive hazard
-
Heat
-
Humidity
-
Glare
-
Public utility installations
706.2
Discretionary Uses:
-
Bulk fertilizer
-
Bulk oil & gas depot
-
Packing plants
-
Veterinary clinics
-
Auction marts
-
Auto wreckers
-
Storage Facilities
-
Grain handling, sales & storage
-
Feed mill
706.3
Minimum Site Requirements - 1000 m2 (10,764 ft2)
706.4
Minimum Lot Width - 23m (75 ft)
706.5
Minimum Setback Requirements
(a) Front Yard: 8m (26 ft)
(b) Side Yard: 3m (10 ft) on one side and 6m (20 ft) on the other side
(c) Rear Yard: 6m (20 ft)
706.6
Maximum Building Height - 10 m (33 ft)
706.7
Maximum Site Coverage
Maximum site coverage of all buildings shall be determined by the Development Authority. The
Agency may be referred for comments.
706.8
Burning Facilities
Burning may be allowed only if the burning facility has been approved by Alberta Environmental
Protection and the fire chief.
706.9
Accessory Buildings
(a) Accessory buildings shall be at least 3m (10 ft) from the main building
(b) Other provisions for accessory buildings shall be at the discretion of the Development
Authority.
706.10 Approval Procedure
(a) All industrial uses shall be referred to the local health authority for comment before a
development permit is issued.
(b) The Development Authority shall consider the effect on the surrounding lands in the case of
malfunction of any industrial process and may refuse to issue a permit or issue one subject to
such condition as it sees fit.
(c) The applicant shall provide the following information to the Development Authority in addition
to the general requirement of the development application:
(i)
Location
(ii)
Type of industry
(iii) Size of all buildings
(iv) Number of employees
(v)
Water demand and source
(vi) Type of effluent and method of disposal
(vii) Transportation routes to be used (rail and road)
(viii) Reason for location
(ix) Any ancillary works required (pipeline, railway, etc.)
(x)
Anticipated residence location of employees and/or any such other information as may
be necessary
706.11 In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
707
I - Institutional District
Purpose: To establish a district in which land is used for public and/or privately owned
institutional developments.
707.1
Permitted Uses:
-
Schools
-
Community Halls
-
Libraries
-
Parks and Playgrounds
-
Police detachment
-
Public administration, government office buildings
-
Public utility installations
-
Religious institutions
707.2
Discretionary Uses:
-
Health services
-
Hospitals
-
Group Homes
707.3
Minimum Site Requirements: As required by the Development Authority on the advise of the
provincial health inspector and/or other agencies as it sees fit.
707.4
Maximum Building Height: The maximum building height shall be at the discretion of the
Development Authority
707.5
Other Requirements: Other requirements shall be at the discretion of the Development Authority
who shall have the best interest of the surrounding lands in mind.
707.6
In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
708
PR - Park and Recreation District
Purpose: To establish a district in which land is used for publicly owned recreational and/or
privately owned institutional developments.
708.1
Permitted Uses:
-
Campground
-
Concession Booths related to the uses
-
Parks
-
Recreational buildings and uses
-
Playgrounds
-
Public utility installations
708.2
Discretionary Uses:
-
Accessory buildings and uses
708.3
Minimum Site Requirements: Site requirements shall be at the discretion of the Development
Authority, who shall consider the best interest of the surrounding area.
708.4
Maximum Building Height: The maximum building height shall be at the discretion of the
Development Authority
708.5
Other Requirements: Other requirements shall be at the discretion of the Development Authority
who shall have the best interest of the surrounding lands in mind
708.6
In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
709
UR - Urban Reserve District
Purpose: To designate land for future urban conversion. In such areas, capital improvements
will be kept to an absolute minimum.
709.1
Permitted Uses:
-
Farming (agriculture and horticulture), excluding any intensive animal operations and
Confined Feeding Operations
-
New single family houses of conventional construction
-
Home Office
-
Basement suites
-
Secondary suites
-
Modular homes
-
Manufactured homes
-
Public utility installation
-
Building accessory to the above
709.2
Discretionary Uses: Such interim uses that will not impede the eventual conversion of the land
to normal, planned urban uses. Such as:
-
Home Business
-
Accessory Buildings
709.3
Minimum Site Requirements: The minimum site area for a lot in this district shall be 32 hectares
(80 acres) or such smaller size parcel in existence prior to the adoption of this bylaw.
709.4
Minimum Setback Requirements
(a) Front yard:
7m (23 ft)
(b) Side yard:
1.5m (5 ft)
(c) Rear yard:
7m (23 ft)
709.5
Maximum Building Height: 10m (33 ft)
709.6
In addition to the regulations stated above, any relevant Sections of Part 6: General Regulations
shall also apply.
710 DC - Direct Control District
710.1 In accordance with the Act, the control of the use of land and buildings within a Direct Control
District is reserved to Council.
710.2
Prior to issuing or refusing a Development Permit, Council may request any information it deems
necessary from the applicant, neighbours, or agencies.
710.3
In issuing a Development Permit, Council may:
-
list which uses are allowed, and which are not;
-
set building and lot sizes;
-
stipulate the distances that buildings are to be set back from property lines;
-
require the number, location, and treatment of parking stalls and loading areas;
-
regulate outside storage;
-
require landscaping and screening;
-
set standards of performance;
-
require that the developer enter into an agreement under the Act; and
-
do anything within its power under the MGA to ensure that the proposed development is
carried out in a proper manner.
710.3
Despite Section 0, and pursuant to the Act, Council may pass a resolution identifying a proposed
development and delegating to the Development Authority the authority to issue or refuse a
Development Permit for the proposed development.
1 ST S
2 AVE W
MAIN ST
1 AVE W
1 ST N
RAILWAY AVE
30.18
27
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PCL
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SW13
1
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SE14
4
3
CENTRAL W ESTE RN RAILWAY
3
6
7
5
1
5
2
6
2
4
1
1
7
782 0945
2956 MC
8078 AF
1983 AJ
3998 AC
3265 HW
2519 HW
3128 CL
782 0062
832 2302
SECONDARY ROAD 609
30.18
SE14 44-20-4
SE14 44-20-4
SW13 44-20-4
1
1
082 9208
094 1724
CENTRAL W ESTE RN RAILWAY
1983 AJ
Village of Edberg
R-1 - Low Density Residential
R-2 - Mixed Residential
C-1 - Central Commercial
C-2 - Highway Commercial
M - Industrial
PR - Parks and Recreation
I - Institutional
UR - Urban Reserve
DC - Direct Control
Created August 1, 2024 by Camrose County