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Land Use
Bylaw
Village of Elnora
ADOPTED ON: January 11, 2021
Bylaw No. 2020 - 05
Amended on December 8, 2025, Bylaw No. 2025-11
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
i
TABLE OF CONTENTS
PART 1
ENACTMENT ..................................................................................... 1-7
1.1
TITLE ........................................................................................................................................... 1-7
1.2
PURPOSE .................................................................................................................................... 1-7
1.3
PREVIOUS BYLAW ...................................................................................................................... 1-7
1.4
EFFECTIVE DATE ......................................................................................................................... 1-7
1.5
APPLICATION IN PROGRESS ....................................................................................................... 1-7
1.6
CONTROL OF DEVELOPMENT ..................................................................................................... 1-7
1.7
COMPLIANCE WITH OTHER LEGISLATION .................................................................................. 1-7
1.8
SEVERABILITY ............................................................................................................................. 1-3
1.9
RULES OF INTERPRETATION ....................................................................................................... 1-3
PART 2
APPROVING AUTHORITY ................................................................... 2-1
2.1
DEVELOPMENT AUTHORITY ....................................................................................................... 2-1
2.2
DEVELOPMENT OFFICER ............................................................................................................ 2-1
2.3
MUNICIPAL PLANNING COMMISSION ....................................................................................... 2-1
2.4
SUBDVISION AND DEVELOPMENT APPEAL BOARD ................................................................... 2-1
PART 3
ADMINISTRATION ............................................................................. 3-1
3.1
AUTHORITY AND RESPONSIBILITY OF THE DEVELOPMENT OFFICER ......................................... 3-1
3.2
AUTHORITY AND RESPONSIBILITY OF THE MUNICIPAL PLANNING COMMISSION .................... 3-2
3.3
DISCRETION OF THE DEVELOPMENT AUTHORITY...................................................................... 3-2
PART 4
DEVELOPMENT PERMIT .................................................................... 4-1
4.1
PURPOSE OF A DEVELOPMENT PERMIT .................................................................................... 4-1
4.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ..................................................... 4-1
4.3
DEVELOPMENT PERMIT APPLICATION ....................................................................................... 4-2
4.4
INCOMPLETE APPLICATION ........................................................................................................ 4-3
4.5
DEVELOPMENT REFERRALS ........................................................................................................ 4-3
4.6
DEVELOPMENT PERMIT DECISION TIME LIMIT .......................................................................... 4-3
4.7
ESTABLISHMENT OF FORMS ...................................................................................................... 4-4
4.8
ESTABLISHMENT OF FEES ........................................................................................................... 4-4
4.9
DEVELOPMENT PERMIT DECISIONS AND CONDITIONS ............................................................. 4-4
4.10
NOTIFICATION OF DECISION ...................................................................................................... 4-5
4.11
EFFECTIVE DATE OF DEVELOPMENT PERMIT............................................................................. 4-5
4.12
EXPIRY AND VALIDITY OF PERMIT .............................................................................................. 4-5
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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4.13
RE-APPLICATION FOR A DEVELOPMENT PERMIT....................................................................... 4-6
PART 5
APPEAL ............................................................................................. 5-1
5.1
DEVELOPMENT PERMIT APPEALS .............................................................................................. 5-1
PART 6
ENFORCEMENT ................................................................................. 6-1
6.1
CONTRAVENTION AND ENFORCEMENT ..................................................................................... 6-1
6.2
OFFENCES AND PENALTIES ........................................................................................................ 6-3
PART 7
AMENDMENT .................................................................................... 7-1
7.1
AMENDING THE LAND USE BYLAW ............................................................................................ 7-1
PART 8
GENERAL LAND USE REGULATION ..................................................... 8-1
8.1
APPLICABILITY ............................................................................................................................ 8-1
BUILDINGS .............................................................................................................................................. 8-1
8.2
ACCESSORY BUILDINGS .............................................................................................................. 8-1
8.3
NUMBER OF PRINCIPAL BUILDINGS ON A PARCEL .................................................................... 8-1
8.4
TEMPORARY BUILDINGS AND SOFT SIDED BUILDINGS .............................................................. 8-2
8.5
MULTIPLE USES .......................................................................................................................... 8-2
8.6
BUILDING ORIENTATION AND DESIGN ...................................................................................... 8-2
8.7
DANGEROUS GOODS.................................................................................................................. 8-2
8.8
NON-CONFORMING USES AND BUILDINGS ............................................................................... 8-3
8.9
RELOCATION OF BUILDINGS ...................................................................................................... 8-3
8.10
DEMOLITION OF BUILDINGS ...................................................................................................... 8-4
YARDS ..................................................................................................................................................... 8-4
8.11
LIGHTING OF SITES ..................................................................................................................... 8-4
8.12
DRAINAGE .................................................................................................................................. 8-4
8.13
EASEMENTS ................................................................................................................................ 8-5
8.14
EXCAVATION .............................................................................................................................. 8-5
8.15
PROJECTIONS INTO YARDS ......................................................................................................... 8-6
8.16
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ....................................................................... 8-6
8.17
SPECIAL SETBACK REGULATIONS AND REQUIREMENTS ............................................................ 8-7
8.18
RESTRICTIONS ON CORNER SITES .............................................................................................. 8-8
8.19
SIGHT LINES: ROADWAY INTERSECTIONS .................................................................................. 8-9
8.20
SIGHT LINES: RAILWAY INTERSECTION .................................................................................... 8-10
SPECIAL PROVISION - RESIDENTIAL DISTRICTS .................................................................................... 8-10
8.21
MANUFACTURED HOME .......................................................................................................... 8-10
8.22
SECONDARY SUITE ................................................................................................................... 8-10
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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8.23
BED AND BREAKFAST ............................................................................................................... 8-11
8.24
HOME OCCUPATION ................................................................................................................ 8-11
SPECIAL PROVISION - COMMERCIAL AND INDUSTRIAL DISTRICTS ...................................................... 8-13
8.25
BAR / PUB ................................................................................................................................. 8-13
8.26
CANNABIS PRODUCTION FACILITY ........................................................................................... 8-13
8.27
RETAIL STORE - EXCLUSIVE: CANNABIS ................................................................................... 8-14
8.28
DRIVE-THROUGH FACILITY ....................................................................................................... 8-14
OTHER PROVISIONS ............................................................................................................................. 8-15
8.29
FENCE ....................................................................................................................................... 8-15
8.30
RETAINING WALLS.................................................................................................................... 8-15
8.31
SOLAR ENERGY COLLECTOR ..................................................................................................... 8-15
8.32
SATELLITE DISH......................................................................................................................... 8-15
PART 9
PARKING ........................................................................................... 9-1
9.2
LOADING SPACES ....................................................................................................................... 9-3
9.3
DRIVEWAYS ................................................................................................................................ 9-3
PART 10
SIGN REGULATION ....................................................................... 10-1
10.1
GENERAL PURPOSE .................................................................................................................. 10-1
10.2
SIGN DEFINITION ...................................................................................................................... 10-1
10.3
APPLICATION ............................................................................................................................ 10-5
10.4
GENERAL PROVISION ............................................................................................................... 10-5
10.5
SIGN NOT REQUIRING A DEVELOPMENT PERMIT .................................................................... 10-6
10.6
AWNING AND AWNING SIGN .................................................................................................. 10-7
10.7
CANOPY SIGN ........................................................................................................................... 10-7
10.8
DIGITAL SIGN ............................................................................................................................ 10-7
10.9
FASCIA SIGN ............................................................................................................................. 10-7
10.10
FREESTANDING SIGN ............................................................................................................ 10-8
10.11
PROJECTING SIGN ................................................................................................................ 10-8
10.12
PORTABLE SIGN .................................................................................................................... 10-8
10.13
READER BOARD .................................................................................................................... 10-8
10.14
ROOF SIGN ........................................................................................................................... 10-8
10.15
WALL SIGN ........................................................................................................................... 10-9
10.16
OTHER SIGN.......................................................................................................................... 10-9
10.17
SIGN MATRIX ...................................................................................................................... 10-10
PART 11
LANDSCAPING REGULATION ........................................................ 11-1
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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11.1
LANDSCAPING .......................................................................................................................... 11-1
PART 12
LAND USE DISTRICTS .................................................................... 12-1
12.1
ESTABLISHMENT OF LAND USE DISTRICTS ............................................................................... 12-1
12.2
LOW DENSITY RESIDENTIAL DISTRICT (R1) .............................................................................. 12-3
12.3
MULTI-FAMILY RESIDENTIAL DISTRICT (R2) ............................................................................. 12-4
12.4
MANUFACTURED HOME RESIDENTIAL DISTRICT (R3) ............................................................. 12-6
12.5
MANUFACTURED HOME PARK RESIDENTIAL DISTRICT (R4) .................................................... 12-7
12.6
GENERAL COMMERCIAL DISTRICT (C1) .................................................................................. 12-10
12.7
SERVICE COMMERCIAL DISTRICT (C2) .................................................................................... 12-12
12.8
LIGHT INDUSTRIAL DISTRICT (I1) ............................................................................................ 12-13
12.9
PUBLIC SERVICE DISTRICT (P1) ............................................................................................... 12-14
12.10
PUBLIC PARKS AND RECREATION DISTRICT (P2) ................................................................ 12-15
12.11
PUBLIC UTILITY DISTRICT (P3) ............................................................................................ 12-16
12.12
URBAN RESERVE DISTRICT (U1) ......................................................................................... 12-17
PART 13
DEFINITION .................................................................................. 13-1
PART 14
SCHEDULE A - LAND USE DISTRICT MAP ...................................... 14-1
PART 15
SCHEDULE B - ENFORCEMENT FINES ............................................ 15-1
List of Tables
Table 1. Projections into Yards ................................................................................................................. 8-6
Table 2. Parking requirement ................................................................................................................... 9-2
Table 3. Parking Area Design Standard .................................................................................................... 9-2
Table 4. Sign Regulations Matrix .......................................................................................................... 10-10
Table 5. Table Key. ................................................................................................................................ 10-10
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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PART 1
ENACTMENT
1.1
TITLE
This Bylaw shall be cited as the "Village of Elnora Land Use Bylaw" pursuant to Part 17 of the
Municipal Government Act.
1.2
PURPOSE
The purpose of this Bylaw is to:
Divide the municipality into districts;
Prescribe and regulate the use for each district;
Establish the office of the Development Officer;
Establish a method of making decisions on applications for development permits including
the issuing of development permits;
Provide the manner in which notice of the issuance of a development permit is to be given.
1.3
PREVIOUS BYLAW
Village of Elnora Land Use Bylaw No. 504-0903 is hereby rescinded.
1.4
EFFECTIVE DATE
This Bylaw comes into force and effect upon the date of its final reading by the Village of
Elnora Council and has been signed in accordance with the Municipal Government Act.
1.5
APPLICATION IN PROGRESS
A development permit application deemed complete prior to the passing of this Bylaw shall
be processed in accordance with the Land Use Bylaw in effect on the date the complete
application was received.
1.6
CONTROL OF DEVELOPMENT
No person shall commence or continue a development, other than a development described
in Section 4.2 (Development not requiring a Development Permit), without a benefit of a
development permit issued in accordance with this Bylaw.
1.7
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this Land Use Bylaw does not exempt any person in
possession of an approved development permit from:
A statutory plan;
The requirements of any federal, provincial or other municipal legislation;
Complying with any caveat, easement, covenant, or other instrument affecting a building or
land; and
The obligation to obtain any other permit, license or other authorization required by this or
any other bylaw.
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1.8
SEVERABILITY
If any provision of this Land Use Bylaw is held to be invalid by a decision of a court of
competent jurisdiction then that shall only apply to the extent of the invalid provision the
rest of the Bylaw shall remain in full force and effect.
1.9
RULES OF INTERPRETATION
Unless otherwise stated, any reference to the "Act" in this Bylaw means the Municipal
Government Act, RSA 2000 c. M-26. Any other Municipal bylaw referred to in this Bylaw
means the current bylaw in effect, as amended, revised, consolidated, or replaced from time
to time.
Words used in the present tense include the other tenses and derivative forms. Words used
in the singular include the plural and vice versa. Words used in the masculine gender shall
also mean the other gender Words that have the same meaning whether they are
capitalized or not.
Words, phrases and terms not defined in the Land Use Bylaw shall be given their definition
in the Municipal Government Act R.S.A. 2000, Subdivision and Development Regulation or
the Alberta Building Code. Other words shall be given their usual and customary meaning.
The words "shall" and "must" require mandatory compliance except where a variance has
been granted pursuant to this Land Use Bylaw.
Drawings and graphic illustrations are provided to give context and aid in interpreting and
understanding the intent of a particular part of this Bylaw. Where any conflict or
inconsistency between the graphical illustration and the text of a provision, the text shall
prevail.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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PART 2
APPROVING AUTHORITY
2.1
DEVELOPMENT AUTHORITY
The Development Authority is established by this Bylaw pursuant to the Act.
The Development Authority shall exercise its powers and duties on behalf of the Village.
The Development Authority shall consist of the Development Officer or, where the context
of this Bylaw permits or other enactments, the Municipal Planning Commission, or Council
with respect to land or building located within a Direct Control District except where Council
has delegated its authority to either the Development Officer or the Municipal Planning
Commission.
2.2
DEVELOPMENT OFFICER
The Office of the Development Officer is hereby established by this Bylaw.
Pursuant to the Act, Council hereby appoints the Development Officer as a Development
Authority, with the power and authority to make decisions with respect to development
permit application specified in this Bylaw.
The person that fill the office of Development Officer shall be appointed by the Village
Manager.
2.3
MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission is established by Bylaw 469-2002.
2.4
SUBDVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board is established by Bylaw No. 470-2002.
The Intermunicipal Subdivision and Development Appeal Board is established by Bylaw No.
2019-02
Pursuant to the Act, Council hereby appoints the Subdivision and Development Appeal
Board which shall perform such duties and functions in accordance with the Subdivision and
Development Appeal Board Bylaw and the Act.
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PART 3
ADMINISTRATION
AUTHORITY AND RESPONSIBILITY OF THE DEVELOPMENT OFFICER
The Development Officer shall perform such duties that are specified in this Land Use Bylaw
including among other things:
(a)
keep and maintain a copy of this Land Use Bylaw, as amended from time to time, for
inspection by the public during office hours;
(b)
keep a register of all development applications including the decisions;
(c)
receive and process all applications for development permits;
(d)
determine and provide notice if a development permit application is either
complete or incomplete within 20 days of receipt; unless an approved extension has
been granted in writing.
(e)
review each development permit application to ascertain whether its appropriate
use definition and, if necessary, require the applicant to apply for a development
permit for a different use definition;
(f)
determine and render decision on the following, and state the terms and conditions
as authorized by this Land Use Bylaw or the Act:
(i)
a complete application for a Permitted Use in any and all Land Use Districts;
(ii)
development permit application requiring a minor variance of up to 5% of the
required minimum standard,
(g)
refer development permit application to the Municipal Planning Commission for
decision, except when the authority has been delegated to the Development
Officer, for:
(i)
Discretionary Uses; and
(ii)
development permit application requiring variance greater than 5% of the
minimum standard,
(h)
refer all development permit application in Direct Control District to Council for
decision, except when the authority has been delegated to the Development
Officer.
(i)
provide notice of decisions on development permit application in accordance with
the notification requirement of this Bylaw;
(j)
review and process Land Use Bylaw amendments;
(k)
Advise and assist the Municipal Planning Commission and, where applicable, the
Council, with regard to the planning of orderly and economical development within
the Village, and shall seek to ensure that any proposed development is in
accordance with the purpose, scope, and intent of this Bylaw and be consistent with
all applicable statutory plans and adopted Village policies.
The Development Officer may only approve a variance no greater than 5% of the minimum
standards.
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3.2
AUTHORITY AND RESPONSIBILITY OF THE MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission is established by the passing of Bylaw 469-2002.
The Municipal Planning Commission shall issue decisions and if necessary state the terms
and conditions for development permit applications, as authorized by this Land Use Bylaw
and the Act:
(a)
for those uses listed as Permitted Uses which the Development Officer refers to the
Municipal Planning Commission;
(b)
for those uses listed as Discretionary Uses which the Development Officer refers to
the Municipal Planning Commission;
(c)
any other planning or development matter referred by the Development Officer.
3.3
DISCRETION OF THE DEVELOPMENT AUTHORITY
The Development Authority, excepting the Development Officer, may decide on application
for a development permit even though the proposed development does not comply with
the land use bylaw or is a non-conforming building if, in the opinion of the development
authority:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(iii)
the proposed development conforms with the use prescribed for that land or
building in the land use bylaw.
(b)
the proposed development is a minor variance to the non-conforming building
resulting to a one time maximum building addition or enlargement of 10%.
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PART 4
DEVELOPMENT PERMIT
4.1
PURPOSE OF A DEVELOPMENT PERMIT
Development permits are required to ensure that all development is achieved in an orderly
manner.
4.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
All development undertaken in the municipality requires an approved development permit prior
to commencement, except for the following:
The carrying out of works of improvement, maintenance or renovation to any building
provided that such works do not include structural alterations or additions;
The completion of any development which has lawfully commenced before the passage of
this Land Use Bylaw or any amendment thereof, provided that the development is
completed in accordance with the terms and conditions of any permit granted in respect of
it, and provided that It is completed within 12 months of the date of the development
permit being issued;
The use of any such development as is referred to in Subsection 2 for the purpose for which
development was commenced;
The erection, construction, maintenance, improvement, and/or other alteration of gates,
fences, walls or other means of enclosure less than 1m (3 ft) in height in a front yard and
less than 2m (6 ft) in other yards;
A temporary building, the sole purpose of which is incidental to the carrying out of a
development for which a permit has been issued under the Land Use Bylaw;
A soft sided building (camping tent) not exceeding three (3) consecutive days.
A temporary use of a parcel not exceeding seven (7) consecutive days for the sole purpose
of mobile commercial sales (e.g. fish trucks, fruit trucks, etc.) providing a business license
where applicable, is obtained from the municipality and the location of the business is to the
satisfaction of the development authority;
The installation of Solar Energy Collector System subject to the provision of Section 8.31 of
this Bylaw.
The installation, maintenance, and repair of utilities;
Any development carried out by or on behalf of the Crown, but not including that carried
out by or on behalf of a Crown Corporation;
Any development carried out by or on behalf of the municipality provided that such
development complies with all applicable provisions of this Land Use Bylaw;
One accessory building not to exceed 9.5m2 (100 ft2 )in floor area and 2.5m (8 ft) in height,
provided that such development complies with all applicable provisions of the district;
Development specified in Section 618 of the Municipal Government Act RSA 2000, which
includes:
(a)
highway or public road;
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(b)
a well or battery within the meaning of the Oil and Gas Conservation Act;
(c)
a pipeline or an installation or structure incidental to the operation of a pipeline;
(d)
a flag attached to a single upright flagpole.
Signs listed in Section 10.5 (Sign Not Requiring a Development Permit).
One satellite dish antenna less than 1m (3 ft) in diameter per parcel;
Demolition of a building less than 25m2 (270 ft2).
4.3
DEVELOPMENT PERMIT APPLICATION
A development permit application is considered complete after a thorough review of the
submitted application by the Development Officer. The Development Officer shall issue a
dated and signed letter stating that the application is deemed complete.
An application for a development permit shall be made on the prescribed form, signed by
the owner or authorized agent, paid the applicable fees, and submitted to the Development
Officer. The following information, where applicable, shall accompany the application:
(a)
One scaled (1:100) site plan showing:
(i)
north arrow;
(ii)
scale of plan;
(iii)
legal description of property and surveyed dimensions of the parcel;
(iv)
municipal address;
(v)
lot line shown with dimensions;
(vi)
the front, rear, and side yards of any existing and proposed buildings;
(vii)
utilities, site drainage, and existing and proposed site grades supported by a
lot grading plan;
(viii) development density, site coverage calculation, height and number of
storeys;
(ix)
existing and/or proposed use of a building or property;
(x)
location and size of existing and proposed trees, shrubs, other physical
features on a site to be retained, removed, or replaced;
(xi)
a landscaping plan;
(xii)
access locations to and from the site;
(xiii) loading and parking provisions;
(xiv) garbage, storage areas and fencing or screening proposed for same.
(b)
information describing hazards including but not limited to any noxious, toxic,
radioactive, flammable or explosive materials proposed for use or storage on site;
(c)
plans showing elevations, floor plan and the perspective of the proposed
development including a description of the exterior finishing materials and colours;
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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(d)
engineering plans or statement of intent respecting the provision of water and
sewer services, and franchise utilities to the site, and the location of all services and
utilities;
(e)
a copy of the Certificate of Title to the land and, if the applicant is not the owner, a
statement of the applicant's interest in the land together with the written consent
of the owner to the application, and
(f)
the estimated commencement and completion dates;
(g)
the estimated value of the project;
(h)
a signed consent form allowing right-of-entry on the property by the Development
Officer; and
(i)
such other plans and information as the development authority may consider
necessary to properly evaluate the proposed development.
Each application for a development permit shall be accompanied by a non-refundable
processing fee in accordance with the Fee Bylaw.
Development that has commenced prior to obtaining development approval by the
Development Authority shall be, to the sole discretion of the Development Authority,
subjected to triple the current non-refundable processing fee rates.
4.4
INCOMPLETE APPLICATION
The Development Officer may return a development permit application to an applicant where
there seem to be insufficient details of the proposed development have not been included with
the application or where, in its opinion, the quality of the submitted documents is inadequate to
properly evaluate the application. The returned application shall not be deemed complete until
all required details have been submitted to the Development Officer.
the Development Officer may refuse a development permit application if it is an incomplete
application or it fails the standard of Section 4.3 (Development Permit Application) in which
the Development Officer is of the opinion that a proper evaluation may not be rendered.
4.5
DEVELOPMENT REFERRALS
The Development Officer or the Municipal Planning Commission may refer to other agencies
in accordance with the Municipal Government Act.
The Development Officer or the Municipal Planning Commission may refer any application
to any other agency or department for comment.
4.6
DEVELOPMENT PERMIT DECISION TIME LIMIT
The Development Authority shall consider and decide on any application for a development
permit within 40 days of the receipt of a complete application or within such longer period
as the applicant may have agreed to in writing.
An application for a development permit shall be deemed to be refused when no decision
has been rendered within 40 days after receipt of a complete application.
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4.7
ESTABLISHMENT OF FORMS
For the purpose of administering this Land Use Bylaw, the Development Officer shall
prepare such forms and notices as deemed necessary.
Any such forms or notices are deemed to have full force and effect of this Land Use Bylaw.
4.8
ESTABLISHMENT OF FEES
The development permit application fee and fees for other matters arising through this Land
Use Bylaw shall be established by Bylaw.
Council may, at any time, change the fees required as established by this Land Use Bylaw.
Notwithstanding Subsections 1 and 2; in the case where Council has delegated development
authority powers to any other person or organization , the fees prescribed by the agency
shall apply.
4.9
DEVELOPMENT PERMIT DECISIONS AND CONDITIONS
The Development Authority shall approve a development permit application with or without
conditions for a permitted or discretionary use if the application conforms to the
requirements of the Land Use Bylaw, the Act, the Regulation, and any applicable statutory
plans to ensure any of the following:
(a)
Arrangements satisfactory to the Development Authority for the supply of utilities
including, but not limited to, water, sanitary sewer, storm water sewer, power,
electric, natural gas, telecommunication, including payment of the cost of
installation or construction of any such utility or facility by the applicant;
(b)
Arrangements satisfactory to the Development Authority for vehicular and
pedestrian access and/or circulation from public roads, trails, on-site parking lots,
loading, landscaping or drainage or any matters including the payment of the cost of
installation or construction of any such facility by the applicant;
(c)
That the applicant enters into a development and/or servicing agreement which
shall form part of the development permit and may be required to be registered by
caveat against title to the land to do any or all of the following items listed in
accordance with Section 650 of the Act.
(d)
That the applicant provides and causes to be registered on the applicable titles any
easement, right-of way agreement, encroachment agreement, or restrictive
covenants which in the opinion of the Development Authority are required.
The Development Authority shall refuse a development permit application for a use or
development not listed under Permitted or Discretionary Use.
The Development Authority may cancel, suspend, revoke a development permit if:
(a)
there is a contravention of any condition under which such a permit was issued;
(b)
the permit was issued in error; or
(c)
the permit was issued on the basis of incorrect information.
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If an application for a development permit for a permitted use does not conform to the
requirements of this Land Use Bylaw, the Act, the Regulation and any applicable statutory
plans, the Development Authority:
(a)
shall refuse the application giving reasons for the refusal; or
(b)
may approve the application subject to conditions to have the application conform
to the above; or
(c)
may approve the application pursuant to Sections 3.2 and 3.3, and subject to
conditions listed in Subsection 1.
4.10
NOTIFICATION OF DECISION
A decision of the Development Officer or the Municipal Planning Commission on an
application for a development permit shall be given in writing and a copy shall be sent by
ordinary mail or electronic medium (eg. e-mail or other forms) or delivered in person to the
applicant.
When an application for a development permit is approved, with or without conditions, the
Development Officer shall:
(a)
send a notice of the decision by ordinary mail or electronic means to the applicant
on the same day the written decision by the Development Authority was given;
(b)
arrange for a notice of decision to be published in the Village website or a local
newspaper circulating in the Village stating the legal description and civic address of
the site of the development and identifying the use which has been approved.
(c)
for discretionary uses, a notice of the decision may also be immediately posted with
the information prescribed in Subsection 2(b) conspicuously on the property for
which the application has been made.
When the Development Officer or the Municipal Planning Commission refuses an
application for a development permit, the notice of decision shall contain the reasons for
the refusal.
4.11
EFFECTIVE DATE OF DEVELOPMENT PERMIT
A development permit shall not be issued until 21 days after the notice of decision has been
provided to the applicant by mail, published in a newspaper or Village website, or posted on
the property. Any development proceeded with by the applicant prior to the expiry of this
period is done solely at the risk of the applicant.
Where an appeal is made pursuant to the Municipal Government Act, a development permit
which has been issued shall not come into effect until the appeal has been determined and
the permit may be modified or nullified.
4.12
EXPIRY AND VALIDITY OF PERMIT
If the development authorized by a development permit is not commenced within 12
months from the date of its issue or the date of decision by the Subdivision and
Development Appeal Board, and completed within 12 months, the permit shall be deemed
to be void, unless an extension, for the commencement and/or completion date, has been
granted by the Development Officer.
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The Development Authority may grant a one-time extension for the development permit
expiry for up to an additional 12 months for the commencement and/or completion date.
A development permit issued according to this Land Use Bylaw is not a building permit. An
approved building permit and a copy shall be submitted to the Development Officer, is
required prior to commencement of work.
4.13
RE-APPLICATION FOR A DEVELOPMENT PERMIT
When a development permit application has been refused, the Development Officer shall
refuse to accept another application for the same or a similar use for the same lot or site
until six (6) months have passed from the date of the notice of decision.
Notwithstanding Subsection 1; the Development Officer may accept the development
permit application if the reason for refusal has been addressed and the application
conforms to this Land Use Bylaw.
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PART 5
APPEAL
5.1
DEVELOPMENT PERMIT APPEALS
A development permit application is deemed refused if no decision has been rendered
within 40 days of the application being deemed complete.
If the applicant and the Development Officer agreed to an extension for a decision, then the
40 day limit commences at the end of the agreed upon date.
The applicant may appeal to the Subdivision and Development Appeal Board in writing, as
provided for in this Land Use Bylaw, unless the applicant and the Development Officer
agreed to extend the application in writing.
Any person who lives adjacent to the subject of an application for which a development
permit has been issued, or any person has demonstrably been affected by a development
permit, may appeal to the Board.
Where the Development Authority:
(a)
fails to issue a development permit, or
(b)
refuses a development permit application, or
(c)
issued a development permit subject to conditions, or
(d)
issues a Stop Order under the Municipal Government Act,
the applicant or the person served by a Stop Order, may appeal to the Subdivision and
Development Appeal Board in accordance with the Municipal Government Act.
An applicant, or person affected, person served by a Stop Order may appeal the decision in
writing, giving reasons, to the Subdivision and Development Appeal Board as per the
Municipal Government Act. (amended, Bylaw No. 2025-11)
Notwithstanding Subsection 3, no appeal lies in respect of the issuance of a development
permit for a permitted use unless the provisions of this Land Use Bylaw were relaxed,
varied, or misinterpreted.
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PART 6
ENFORCEMENT
6.1
CONTRAVENTION AND ENFORCEMENT
Contravention
(a)
No person shall contravene this Land Use Bylaw by commencing or undertaking a
development or use that is not permitted under this Bylaw.
(b)
No person shall authorize or proceed with any development that is at variance with
the description, specification or plan that were the basis for issuing a development
permit under this Land Use Bylaw.
(c)
No person shall contravene a condition of a development permit issued under this
Land Use Bylaw.
(d)
A Bylaw Enforcement Officer or a Development Officer (Designated Officer) may
enforce the provisions of this Land Use Bylaw, the Municipal Government Act,
Subdivision and Development Regulation, the conditions of a development permit
or subdivision approval.
(e)
The provisions of this Land Use Bylaw may be enforced by way of stop order,
injunction, or such other relief as may be available under the Municipal Government
Act.
(f)
A Designated Officer may inspect premises in accordance with the provisions of the
Municipal Government Act where there are reasonable grounds to believe that the
premises are being used in contravention of this Land Use Bylaw
Pursuant to Subsection 1(e), the provisions of this bylaw may be enforced by way of Stop
Order, injunction or such other relief as may be available under the Municipal Government
Act, including the following:
(a)
Where the Development Authority finds that a development or use of land or
building is not in accordance with Part 17 of the Municipal Government Act, this
Land Use Bylaw, the Subdivision and Development Regulation, a development
permit or subdivision approval, the Development Authority may, by notice in
writing, order the registered owner, the person in possession of the land or
buildings or the person responsible for the contravention or all or any of them to:
(i)
stop the development or use of the land or building in whole or in part as
directed by the notice, or
(ii)
demolish, remove or replace the development, or
(iii)
carry out any other actions required by the notice so that the development or
use of the land or building complies with Part 17 of Municipal Government
Act, the Subdivision and Development Regulation, this Land Use Bylaw, a
development permit or subdivision approval, within the time set out in the
notice.
(b)
Any person who receives an order under Subsection 2(a) may appeal to the
Subdivision and Development Appeal Board pursuant to the Land Use Bylaw.
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(c)
The Village may register a caveat under the Land Titles Act in respect of an order
referred to in Subsection 2(a) against the Certificate of Title for the land that is the
subject of the order. A caveat registered under this Subsection must be discharged
once the order has been complied with.
(d)
Where a person receives an order fails or refuses to comply with an order, the
Village or its designate may, in accordance with Section 542 of the Municipal
Government Act, enter upon the land or building and take such action as is
necessary to carry out the order.
(e)
Where a person fails or refuses to comply with an order under Subsection 2(a) or an
order of the Subdivision and Development Appeal Board under the Municipal
Government Act within the time specified, the Village may seek a court order from
the Court of Queen's Bench for any or all of the following:
(i)
a declaration that the person who received an order is in breach of the Land
Use Bylaw, an order issued under the Land Use Bylaw and/or the Subdivision
and Development Appeal Board's decision relating to an appeal of an order;
(ii)
an injunction ordering the person who received an order referred to in
Subsection 2(a) to comply with the Land Use Bylaw within a certain period of
time;
(iii)
an order providing that, if compliance has not been achieved within the
period stated in the court order, the Village or its appointed officer has the
right to enter upon the land and building and take steps necessary to achieve
compliance with the Land Use Bylaw;
(iv)
an order that legal costs and the costs to achieve compliance incurred by the
municipality can be added to the Tax Roll for the land that is the subject of
the court order;
(v)
a provision that the court order may be registered against the certificate of
title for the land that is the subject of the court order and discharged only on
full compliance with the court order.
(f)
Where a person fails or refuses to comply with an order directed him/her under
Subsection 2(a) or an order of the Subdivision and Development Appeal Board
under the Municipal Government Act within the time specified, the Enforcement
Officer may enter upon the land or building and take such action as is necessary to
carry out the order.
(g)
Where the Council or persons appointed by it carries out an order the Council shall
cause the costs and expenses incurred in carrying out the order to be placed on the
Tax Roll of the property that is subject of the order.
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6.2
OFFENCES AND PENALTIES
General
A person who contravenes or does not comply with the provision of Division 5 of Part 13 or
Part 17 of the Municipal Government Act, or this Land Use Bylaw, or who obstructs or
hinders any person in the exercise or performance of their powers under Part 17 or
regulations under Part 17 of the Municipal Government Act, is guilty on an offence.
A person who is guilty of an offence referred to in Subsection 1 is liable upon summary
conviction to the specified penalty set out in Schedule B, or in the case of an offence for
which there is no specified penalty to a fine of not less than $300 and not more than
$10,000.
Where an Enforcement Officer reasonably believes that a person has contravened any
provision of this Bylaw, the Enforcement Officer may, in addition to any other remedy at
law, serve upon the person a violation ticket, in the form provided under the Provincial
Offences Procedures Act, allowing payment of the specified penalty for the particular
offence as provided in Schedule B of this Bylaw, and the recording of such payment by the
Provincial Court of Alberta shall constitute acceptance of a guilty plea and the imposition of
a fine in the amount of the specified penalty.
Where a person is convicted of a second, third or subsequent offence under a particular
section of this Bylaw, and where the offence has occurred within 12 months after the date
of occurrence of the first offence under that section of this Bylaw, the specified penalties
applicable upon conviction for such second, third or subsequent offence shall be the
amount set out in columns two and three, respectively, of Schedule B.
This section shall not prevent any Enforcement Officer from issuing a violation ticket
requiring a court appearance of the defendant, pursuant to the provisions of the Provincial
Offences Procedures Act, or from laying an information in lieu of issuing a violation ticket.
Where a person is found guilty of an offence under this Land Use Bylaw, the court may in
addition to any other penalty imposed, order the person to comply with the Land Use
Bylaw, or a development permit or condition attached thereto.
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PART 7
AMENDMENT
7.1
AMENDING THE LAND USE BYLAW
The Village of Elnora Council may amend this Land Use Bylaw.
A person may request to have this Land Use Bylaw amended by applying in writing to the
Development Officer. The application shall:
(a)
specify the nature of the amendment requested,
(b)
outline the reasons of making the application,
(c)
if the application is for a change of Land Use District, include the legal description or
a drawing showing the location and dimensions of the property to be changed,
(d)
state the applicant's interest in the lands, and
(e)
be accompanied by an application fee in accordance with the Fee Bylaw.
For rezoning/re-designation application, the Development Officer may require:
(a)
an outline plan for the area to be re-designated to the level of detail specified by the
Development Officer; and
(b)
payment of fee equal to the costs incurred by the Village to review the proposed re-
designation and related outline plan;
Upon receipt of an application for amendment to this Land Use Bylaw, the Development
Officer shall initiate or undertake an investigation and analysis of the potential impacts of
development resulting from or allowed as a result of the proposed amendment. The analysis
shall be based on the full development potential of the proposed amendment and not on
the merits of any particular development proposal. The analysis shall, among other things,
consider the following impacts:
(a)
relationship to and compliance with approved statutory plans and Council policies,
(b)
relationship to and compliance with statutory plans or outline plans in preparation,
(c)
compatibility with surrounding development in terms of land use function and scale
of development,
(d)
traffic impacts,
(e)
relationship to, or impacts on, services such as water and sewage systems, and
other public utilities and facilities such as recreation facilities and schools,
(f)
relationship to municipal land, right-of-way or easement requirements,
(g)
effect on stability, retention and rehabilitation of desirable existing uses, building or
both in the area,
(h)
necessity and appropriateness of the proposed amendment in view of the stated
intentions of the applicant, and
(i)
relationship to the documented concerns and opinions of area residents regarding
development implications.
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Upon receipt of an application to amend the Land Use Bylaw, the Development Officer shall
determine when the application will be in place before the Council and shall issue notice to
the applicant, not less than seven (7) days', advising that he may appear before the Council
and speak to the application at the public hearing. An application for an amendment must
be before the Council within 60 days of its receipt by the Development Officer.
Following first reading of an amending bylaw, Council shall:
(a)
establish the date, time and place for a public hearing;
(b)
if a bylaw to establish procedures for public hearings has not been passed:
(i)
outline the procedures to be followed by any person group of persons or
person representing them who wish to be heard at the public hearing, and
(ii)
outline the procedure by which the public hearing will be conducted
Following the first reading of an amending Bylaw, the Development Officer must give notice
of the public hearing by:
(a)
publishing notice in the Village Office or website at least once a week for two (2)
consecutive weeks in at least one newspaper or other publication circulating in the
area to which the proposed bylaw relates, and
(b)
if the amending bylaw proposes to change the district designation of a parcel of
land, mailing or delivering notice to every owner of adjacent land in and around the
parcel or parcels to which the proposed bylaw relates, and
(c)
if the amending bylaw proposes to change the district designation of a parcel of
land, mailing or delivering notice to every owner of adjacent land in and around the
parcel(s) to which the proposed bylaw relates.
A notice of a public hearing must be advertised at least five (5) days before the public
hearing occurs.
A notice must contain:
(a)
a statement of the general purpose of the proposed Bylaw and public hearing,
(b)
the address or website where a copy of the proposed Bylaw and any document
relating to it or the public hearing may be inspected,
(c)
the date, place and time where the public hearing will be held.
in the case of an amendment to change the district designation of a parcel of land, the
Development Officer must, in addition to the requirements of Subsections 6 through 9,
(a)
include in the notice
(i)
the municipal address, if any, and the legal address of the parcel of land, and
(ii)
a map showing the location of the parcel of land
(b)
give written notice containing the information described in Subsection 6(a) to the
assessed owner of that parcel of land at the name and address shown in the
assessment roll of the municipality, and
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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(c)
give written notice containing the information described in Subsection 6(a) to each
owner of adjacent land at the name and address shown for each owner on the
assessment roll of the municipality.
If the land referred to in Subsection 10(c) is in Red Deer County, the written notice must be
given to that municipality and to each owner of adjacent land at the name and address
shown for each owner on the Tax Roll.
All proposed amendments to the Land Use Bylaw must be referred as required by the Act.
Removed. (Amended, Bylaw No. 2025-11)
The Development Officer shall not accept an application to amend this Bylaw, for a
minimum period of 6 months from the date of Council refusal:
(a)
for application which is identical or similar to an application which Council refused;
or
(b)
unless in the opinion of the Development Officer, the reasons for the refusal have
been adequately addressed or the circumstances of the application have changed
significantly.
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PART 8
GENERAL LAND USE REGULATION
8.1
APPLICABILITY
These General Regulations shall apply to all development in all districts unless otherwise
exempted within this section or the applicable District Regulations. Where these Regulations
may be in conflict with any District Regulations, the more stringent regulations shall prevail.
BUILDINGS
8.2
ACCESSORY BUILDINGS
An accessory buildings connected to the principal building by a structural element including,
but not limited to a common foundation, roof or wall, shall be deemed to be part of the
principal building.
No part of an accessory building shall be located on or over an easement or utility right-of-
way unless written authorization by the easement holder or to whom the right-of-way
belongs to.
An accessory building shall not be placed in the front yard.
An accessory building shall not be used as a dwelling except for an approved secondary
suite.
The location of any accessory building that has or will have a permanent foundation in
relation to the property lines of the parcel on which the accessory building is to be
constructed shall be confirmed in writing by an Alberta Land Surveyor prior to construction
commencing. A copy of the written conformation shall be provided to the Village.
When a parcel abuts a lane less than 6m wide, the Development Authority may require a
rear yard setback for accessory buildings greater than the prescribed minimum.
An accessory building shall not exceed the height of the first storey of the principal building
within the residential district unless approved as a secondary suite.
An accessory building shall not exceed 68m2 (730 ft2).
An accessory building shall be located a minimum of 3m (10 ft) from the principal building.
No deck shall be constructed on an accessory building.
8.3
NUMBER OF PRINCIPAL BUILDINGS ON A PARCEL
There shall only be one principal building allowed on a parcel on a fee simple or
condominium parcel unless approved by the Development Authority.
In cases whereby multiple buildings may be acceptable, such as bare-land condominium,
mobile home park, and the like, to the Development Authority as principal buildings the
following shall be provided:
(a)
a detailed surveyed site plan; and
(b)
any other studies or technical plans may be required as the Development Authority
deems necessary.
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8.4
TEMPORARY BUILDINGS AND SOFT SIDED BUILDINGS
The Development Authority may conditionally approve a temporary building, including a
soft sided building, to be placed on a site subject to an expiry date to be removed by the
owner in accordance with the terms and conditions of the development permit.
Sea cans are temporary buildings which shall not be used as an accessory building.
8.5
MULTIPLE USES
When any land or building is used for more than one purpose, all provisions of this Land Use
Bylaw relating to each use shall be satisfied. Where there appears to be a conflict, the more
stringent standards shall apply.
8.6
BUILDING ORIENTATION AND DESIGN
The design, character and appearance of any building, must be acceptable to the
Development Authority having due regard to:
(a)
amenities such as daylight, sunlight and privacy;
(b)
compatibility with the character of existing development in the District, including,
but not limited to, the facing materials, roof pitches, eave depth, building mass and
architectural detail; and
(c)
the building's scale and massing effect on adjacent parcels or pedestrian.
In the Industrial District or Commercial Districts, the Development Authority may approve
an application for a development permit for a building that is soft-sided or faced or finished
with flexible sheeting capable of being rolled or folded only if;
(a)
the structure meets Alberta Building Code requirements;
(b)
the building is an accessory building on the parcel and is not erected or placed
within the front yard of a parcel, unless otherwise approved by the Development
Authority, and
(c)
the building is approved as a temporary structure and subject to annual renewal.
Sea/land shipping containers or similar forms of shipping or cargo containers shall not be
permitted on a site in any residential district unless a temporary development permit has
been approved for a period no greater than 14 consecutive days.
8.7
DANGEROUS GOODS
No dangerous goods shall be permitted to be placed or stored on site unless otherwise
approved by Federal or Provincial Authority of which must be submitted as part of the
application for a development permit.
Application for a development permit containing Dangerous Goods shall be referred to the
Village Emergency Services.
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8.8
NON-CONFORMING USES AND BUILDINGS
A non-conforming use of land or a building may be continued but if that use is discontinued
for a period of six (6) consecutive months or more, any future use of the land or building
must conform with the Land Use Bylaw then in effect.
A non-conforming use of part of a building may be extended throughout the building but
the building, whether or not it is a non-conforming building, may not be enlarged or added
to and no structural alterations may be made to it or in it.
A non-conforming use of part of a parcel may not be extended or transferred in whole or in
part to any other part of the parcel and no additional buildings may be constructed on the
parcel while the non-conforming use continues.
A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt or structurally altered except:
(a)
to make it a conforming building
(b)
for routine maintenance of the building, if the Development Authority considers it
necessary, or
(c)
in accordance with the minor variance provisions of Part 3 (Administration)
If a non-conforming building is damaged or destroyed to the extent of more than 75 % of
the value of the building above its foundation, the building may not be repaired or rebuilt
except in accordance with this Land Use Bylaw.
The land use or the use of a building is not affected by a change of ownership or tenancy of
the land or building.
8.9
RELOCATION OF BUILDINGS
No moved-in buildings shall be permitted on a site in the Commercial District.
In all other districts, no person shall:
(a)
alter the location on a parcel of a building which has already been constructed on
that parcel, unless a development permit has been issued by Development
Authority.
In addition to the requirements of Section 4.3 (Development Permit Application), the
Development Authority shall require an application for a development permit to be
accompanied by the following information for a proposed moved-in building:
(a)
recent color photographs showing all sides of the building;
(b)
elevation drawing on all sides of the building;
(c)
the age, size and structural condition of the building;
(d)
a statement prepared and signed by a qualified registered professional who is to
make assessment on the structural condition and integrity of the building; and
(e)
proposed improvements or alteration to the building.
An application for a development permit may be approved by the Development Authority if
the proposal for a moved-in building meets all the regulations specified under the
appropriate Land Use District in which it is proposed to be located.
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Where the development permit has been granted for the relocation of a building either on
the same parcel or from another parcel, the Development Authority may require the
applicant to provide an irrevocable letter of credit of such amount equal to the cost of
renovation to ensure completion of any renovations set out as a condition of development
approval.
All structural and exterior renovations shall be completed within one (1) year of the date of
issue of the of a development permit.
8.10
DEMOLITION OF BUILDINGS
In addition to requirements of Section 4.3 (Development Permit Application), the
Development Authority may require an application for demolition of a building to be
accompanied by a statement indicating how the demolition will be carried out safely, the
duration of the demolition and clean up, and avoid or minimize nuisance.
A development permit is required to demolish a building equal to or greater than 25 m2 (270
ft2) in size. Whenever a development permit is issued for the demolition of a building, it
shall be a condition of the permit that the site be properly cleaned, with all debris removed,
and left in a graded condition acceptable to the Development Authority.
Where a permit is approved, the Development Authority may require the applicant to
provide an irrevocable letter of credit of such amount to cover the costs of reclamation and
any damage to utilities and other municipal infrastructure.
YARDS
8.11
LIGHTING OF SITES
Any outdoor lighting for a development shall be located and arranged so that no light
emission are directed to an adjoining lot or site; or interfere with the effectiveness of any
traffic control device or the lighting of public streets.
Parking areas for apartments and public, commercial and industrial uses shall be provided
with overhead illumination.
8.12
DRAINAGE
Any area requiring landscaping and/or re-contouring shall not direct surface drainage or
cause the impounding of drainage on adjoining land unless otherwise approved by the
Development Authority.
The storm water run-off and sub-surface drainage of all development shall be in a manner
acceptable to the Development Authority.
The storm water run-off and sub-surface drainage, including discharge of sump pumps, of all
development shall not directly discharge or cause any flows across a sidewalk.
All roof drainage from any building shall be directed and contained within the parcel it is
built on.
Where the final site grades have been established through a development agreement or
approved engineered drawings, the Development Authority shall require the applicant to
provide a grading and location certificate indicating the final elevation of the corners of the
property and the front, side and rear elevations and locations for all buildings.
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8.13
EASEMENTS
No development or a portion thereof shall be permitted to encroach on a utility easement
or right-of-way without a written consent of the person whom the easement is registered to
or the person whose utility line is located in the easement.
8.14
EXCAVATION
Any person wishing to excavate, strip or grade a land shall submit the following as part of
the development permit application:
(a)
the legal description of the site on which the excavation, stripping or grading is to
take place;
(b)
the specific area on the site to be affected by the operation;
(c)
the present height of the land relative to any adjoining public thoroughfare and
adjacent sites;
(d)
the proposed depth to which the site is to be excavated or topsoil removed and the
level to which it is proposed to restore surface of the land in relation to lands
adjacent to the subject property;
(e)
an outline of the methods for controlling or avoiding any nuisance arising from
noise, dust or drainage from the operation; and
(f)
the length of time that the applicant estimates will be required to complete the
excavation or work.
Wherever a permit is required for the excavation of land or the removal of topsoil pursuant
to this Land Use Bylaw, the operation shall be deemed to be discretionary use in the
applicable District.
It shall be the responsibility of the applicant to restore the worked area to a level and
condition as required by the Development Authority.
The applicant is responsible for controlling or avoiding any nuisance effect, such as noise,
dust or drainage, arising from the activity.
A temporary fence shall be erected when work is not being performed within the perimeter
of the excavations site which in the opinion of the Development Authority may be a risk to
public safety.
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8.15
PROJECTIONS INTO YARDS
Building projection constructed on foundations walls and footings shall be deemed to be
part of the building and shall not be considered a projection over a yard.
Subject to the requirements of the Alberta Building Code and this Land Use Bylaw, the
following features may project into any yard required by the Land Use Bylaw:
Feature
Yard in which projection is
permitted
Maximum permitted projection
into the minimum required
yard setback
eaves, chimney
any yard
0.61m (2 ft)
unenclosed steps and exterior
staircases
front and rear yards
side yard
1.5m (5 ft)
0.61m
bay or box window
front and rear yards
side
1m (3 ft)
0.61m
unenclosed verandas, porches
balconies, terraces, patios or
decks
front yard
rear yard
side yard
1.8m (6 ft)
3.5m (11.5 ft)
0.61m
cantilevered wall sections with
a width less than 2.5m
rear and side yards
0.61m
Table 1. Projections into Yards
8.16
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
Any yard shall be free of the following in any district:
(a)
any dismantled or damaged vehicle for more than 14 successive days unless
properly screened from view, or
(b)
any object or chattel which, in the opinion of the Development Authority, is unsafe
(including flammable liquids, explosives, toxic chemicals) unsightly, or adversely
affect the amenities of the surrounding area, or
(c)
any excavation, storage or piles of building materials or supplies required during the
construction of a development unless all necessary safety measures are undertaken
and the situation does not prevail longer than the Development Authority considers
necessary for completion of construction work on the site.
It is prohibited to park any motor vehicle in the front yard of any residential district except
on a driveway.
In addition to Subsection 2, no other objects of any kind may be permitted in the front yard
in the residential district with the exception of movable objects, landscaping, and
landscaping ornaments as determined by the Development Officer.
A holiday trailer, motor home or camper parked on a parcel in a residential district may be
used for living and sleeping accommodation for a maximum period of 30 days per annum
with the following conditions:
(a)
must not be parked in the front yard; and
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(b)
must have a valid development permit for the temporary accommodation.
The outdoor storage of materials, products, equipment, or machinery shall not be placed in
the required front yard setback within the commercial district unless they are a part of the
sale, promotion, or display provided they do not impede on pedestrian or vehicular traffic.
8.17
SPECIAL SETBACK REGULATIONS AND REQUIREMENTS
Notwithstanding any specific provisions in this Land Use Bylaw, setbacks in excess of the
minimum yard requirements may be required when deemed necessary by the Development
Authority.
Notwithstanding any other provision of this Land Use Bylaw, where a development is
proposed on a site adjacent to a pipeline right-of-way, as defined in the Pipeline Act, no part
of any building to be occupied by persons on a regular basis shall be constructed closer than
15m from the edge of the pipeline right-of-way or as determined by the Provincial
Authority.
All development undertaken on parcels adjoining a railway property may be required to
erect fencing to standards approved by the Development Authority.
Development in Proximity to Sour Gas Facilities and Oil and Gas Wells
In accordance with the Subdivision and Development Regulation,
(a)
development that results in permanent overnight accommodation or public facilities
must not be approved unless it conforms to the setback requirements of the Alberta
Energy and Utilities Board with respect to sour gas facilities unless the Board has
given written approval to a lesser setback;
(b)
no building shall be constructed within 100m (330 ft) of the well head of a gas or oil
well, unless, in the opinion of the Development Authority, it may be considered an
infill development or is otherwise approved in writing by the Alberta Energy and
Utilities Board.
(c)
No building shall be constructed within 100m (330 ft) of the well head of a water
injection well unless otherwise approved by the Development Authority.
In accordance with the Subdivision and Development Regulation:
(a)
school, hospital, food establishment or residential building must not be approved
and a residential building must not be constructed within 300m of the working area
of an operating wastewater treatment plant, and
(b)
a wastewater treatment plant must not be approved unless the working area of the
plant is at least 300m (985 ft) from any existing or proposed school, hospital, food
establishment or residential building unless the development is approved in writing
by the Deputy Minister of the proper Provincial Authority.
In accordance with the Subdivision and Development Regulation:
(a)
a school, hospital, food establishment or residence must not be approved and a
residence must not be constructed if the building site is within the distance from a
sanitary landfill, modified sanitary landfill, hazardous waste management facility,
dry waste site, waste processing site, waste storage site, waste sorting station or
waste transfer station specified in the Subdivision and Development Regulation, and
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(b)
a sanitary landfill, modified sanitary landfill, dry waste site, hazardous waste
management facility, waste processing site, waste storage site, waste sorting station
or waste transfer station must not be approved within the distances from the
property boundary of a school, hospital, food establishment or residence specified
in the Subdivision and Development Regulation, unless the development is
approved in writing by the Deputy Minister of the approved in writing by the Deputy
Minister of the proper Provincial Authority.
8.18
RESTRICTIONS ON CORNER SITES
Notwithstanding any other provisions of this Land Use Bylaw, the sight triangle shall be free
from visual obstruction of any kind at all times.
Figure 1. Corner Site Sight Triangle
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8.19
SIGHT LINES: ROADWAY INTERSECTIONS
Where a lane intersects a road, a 3m (10 ft) sight triangle shall be provided as follows:
Figure 2. Sight Line lane way
At the intersection of other roadways, a 6m (20 ft) sight triangle shall be provided. The
Development Authority may require the calculation of larger or smaller sight triangles for
specific locations where
(a)
one (1) or more rights-of-way is less than 15m (50 ft) or
(b)
regulated vehicle speed exceeds 50 km/h, or
(c)
one (1) of the carriageways is not centered in its right-of-way, or
(d)
an intersection leg is curved or skewed, or
(e)
an intersection leg is sloped at 2% or greater.
Sight triangle calculations shall be in accordance with the recommendations of the Roads
and Transportation Association of Canada regarding crossing sight distances for roadways.
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8.20
SIGHT LINES: RAILWAY INTERSECTION
Development at railway intersection shall be free of obstruction within the sight line triangle
at railway grade crossing in accordance with the supplementary guideline, Grade Crossing
Standards (2019) as amended from time to time, based on the Federal Regulation Grade
Crossing Regulation/SOR 2014-275. The calculation of the sight line triangle shall be
submitted along with the development permit application confirmed by a qualified
professional.
Sight triangle calculations shall be in accordance with the recommendations of the Roads
and Transportation Association of Canada regarding crossing sight distances for roadways,
with the provision that distance between the nearest rail and the front of the stopping
motor vehicle be between 5m (15 ft) and 15m (50 ft) as required by the Highway Traffic Act.
SPECIAL PROVISION - RESIDENTIAL DISTRICTS
8.21
MANUFACTURED HOME
All manufactured homes shall have Canadian Standards Association (CSA) certification, CSA
Z240 for mobile homes, and CSA A277 for modular homes, and shall be in compliance with
the Alberta Building Code. If a particular manufactured home has been damaged or
structurally altered, the manufactured home must be certified as safe by a licensed Safety
Codes Inspector in good standing.
The external appearance of a Manufactured Home shall be acceptable to the Development
Authority having regard to compatibility with other buildings in the vicinity and shall have:
(a)
a minimum roof pitch of 4:12 (rise:run);
(b)
a roof surface of solid material in good repair at all times;
(c)
a minimum roof overhang or eaves of 0.40m (15 inches) from each external wall;
(d)
a maximum length to width ratio of 2.5:1;
(e)
a minimum width of 6m (20 ft) measured from the external wall surface; and
(f)
a permanent foundation consisting of a basement, crawl space or slab on grade.
The Development Authority shall require the same provision as stated in Section 8.9(3).
The undercarriage of a manufactured home shall be screened from view by skirting with
materials and appearance that are complementary within 30 days of the date it is placed on
site.
8.22
SECONDARY SUITE
A secondary suite may be supported within Low Density Residential District (R1).
One (1) secondary suite may be allowed per detached dwelling.
A secondary suite shall not contain more than 55.7m2 (600 ft2) in gross floor area.
A secondary suite shall be situated so the exterior walls are at least:
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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(a)
1.5m (5 ft) from the side parcel boundaries and on a corner parcel no closer to the
street or avenue than the principal building.
(b)
1.5m (5 ft) from the rear parcel boundary when there is a blank wall facing the
boundary.
(c)
3m (10 ft) from the rear parcel boundary when there is a window or doorway
opening in the wall facing that boundary.
(d)
3m (10 ft) from the principal building and any accessory buildings on the parcel.
A secondary suite, developed on a second floor integral to a detached garage, shall not
exceed 7.5m (25 ft) in height.
One off-street parking stall shall be provided per secondary suite in addition to the required
number of parking stalls for the principal building.
Separate municipal utility services or means of suspending service to the secondary suite
without disrupting service to the principal residence may be required at the discretion of the
Development Authority.
The appearance and design of a secondary suite developed as a separate building or
addition to the principal building shall be compatible with the appearance and design of the
principal building to the satisfaction of the Development Authority.
8.23
BED AND BREAKFAST
An approved bed and breakfast facility shall not be combined with any other types of
business within the property boundary.
Bed and breakfast shall comply with the following standards:
(a)
the exterior appearance of the principal and accessory buildings shall be in keeping
with the character of the neighbourhood;
(b)
one (1) sign may be permitted, not exceeding 0.6m2 to identify the business.
(c)
off-street parking shall be provided as follows:
(i)
two parking spaces for the dwelling unit;
(ii)
one parking space per guest room; and
(d)
shall not be combined with any other types of business operation on site nor with a
secondary suite.
8.24
HOME OCCUPATION
GENERAL PROVISION
Home Occupation is an accessory use to a dwelling.
Home occupation shall not generate nuisance beyond its property boundary. Nuisance
include traffic uncharacteristic of a residential neighbourhood, noise, vibration, light
pollution, odour, dust, and any other such externalities.
Home Occupation is required to have an approved, annual, business license.
Home Occupation may display one fascia sign fronting a street. The fascia sign shall not
exceed 1% of the street façade.
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No dangerous goods shall be permitted to be placed or stored on site unless otherwise
approved by Federal or Provincial Authority of which must be submitted as part of the
application for a development permit.
HOME OCCUPATION -MINOR
Home occupation - minor is generally a home office type of occupation.
Home occupation - minor shall be:
(a)
conducted within the confines of the dwelling only,
(b)
operated by resident(s) only. Non-resident employee is prohibited.
The operation of a Home Occupation - Minor shall not:
(a)
use an Accessory Building for the purposes of the Home Occupation - Minor or any
yard to store materials, goods or equipment at any time.
(b)
sell goods on site.
(c)
have a licensed commercial vehicle associated with the business parked on-site or in
the vicinity of the site at any time;
(d)
exceed 20% of the gross floor area or 30m2, whichever is less, devoted to the
occupation within the dwelling.
HOME OCCUPATION - MAJOR
Home Occupation - Major generates more activity than a home office type of business. It
would be a combination of home office and/or another type of small scale occupation such
as manufacturing, processing, packaging, and selling of products.
Home Occupation - Major shall be operated by resident(s) with up to two (2) non-resident
employees.
Home Occupation - Major may include parts of the dwelling and/or accessory building
provided that the use does not exceed:
(a)
20% of the dwelling area; and/or
(b)
50% of the accessory building area.
Home Occupation - Major may sell goods or products produced on site.
Home Occupation - Major shall not:
(a)
be combined with any other types of business operation on site;
(b)
sell goods that are not produced on site;
(c)
have more than one commercial vehicle associated with the business parked on-site
or in the vicinity of the site at any time; and
(d)
have more than twenty percent (20%) of the gross floor area of the dwelling or
30m2 (320 ft2), whichever is less, devoted to business usage.
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SPECIAL PROVISION - COMMERCIAL AND INDUSTRIAL DISTRICTS
8.25
BAR / PUB
A bar / pub - neighbourhood or exclusive, shall restrict minors from entering the
establishment.
In considering an application for a development permit for a bar / pub - exclusive, the
Development Authority shall require the following:
(a)
the gross floor area shall not exceed 557m2 (6,000 ft2)and building occupancy shall
not exceed 300 persons;
(b)
be located on a parcel where the boundary of which is not less than 150m (500 ft)
from the boundary of any parcel located in a residential or public service district
parcel, or any parcel developed as a park or playground; and
(c)
have no exterior display of full or partial nudity on any media or any product
whereby minors are prohibited to purchase as enacted by the Province.
8.26
CANNABIS PRODUCTION FACILITY
A Cannabis Production Facility shall comply with, but not limited to, the following
regulations:
(a)
A Cannabis Production Facility may only be considered within the Industrial District.
(b)
Cannabis is regulated by the Federal Government under the "Controlled Drugs and
Substances Act" (Access for Purposes Regulations) for which an established
framework has been implemented to access this product.
(c)
The applicant shall obtain, comply, and provide the following as part of the
development permit application:
(i)
the required Federal License; and
(ii)
conformance to all applicable provincial and federal regulations.
A Cannabis Production Facility shall comply with the following:
(a)
A copy of confirmation that a federal and provincial license to operate has been
approved;
(b)
All loading facilities shall be fully enclosed within the principal building;
(c)
All garbage containers and waste material shall be fully enclosed and securely
locked;
(d)
The site shall be fully enclosed by a fence. Fencing on all street frontages shall be
contained within the property line so as not to obscure landscaping;
(e)
An Engineered Drainage Plan is required; and
(f)
any other requirements as the development authority deems necessary.
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8.27
RETAIL STORE - EXCLUSIVE: CANNABIS
Applicant for Cannabis retail store shall provide a copy of confirmation of the following as
part of the development permit application:
(a)
a Provincial License to operate has been applied for; and
(b)
all Provincial requirements and conditions have been satisfied.
Cannabis retail store shall comply with the following:
(a)
complete and separate shipping and receiving from other businesses;
(b)
consumption of Cannabis products shall not be allowed within the premises;
(c)
products shall not be visible from the exterior of the principal building;
(d)
outside storage is prohibited;
(e)
garbage facility shall be fully contained within the principal building.
(f)
drive-through service is prohibited;
(g)
adhere to the:
(i)
prescribed security measures required by the Province; and
(ii)
advertisement regulation set out by the Province.
(h)
hours of operation shall be between 10: 00 am - 10:00 pm.
(i)
location must be 100m away from:
(i)
a school;
(ii)
a land designated as School Reserve;
(iii)
health care facility;
8.28
DRIVE-THROUGH FACILITY
Drive-through facility shall be located only where the Development Authority is satisfied
that the on-site layout of vehicle circulation pattern will not adversely affect the functioning
of the surrounding public roadways.
Queuing space shall be provided on the same site as the development as follows:
(a)
For drive-through vehicle services, a minimum of five (5) inbound queuing spaces
shall be provided and a minimum of two (2) outbound queuing spaces shall be
provided prior to exiting unto a public roadway.
(b)
Each queuing space shall be a minimum of 6m (20 ft) long and 3m (10 ft) wide.
Queuing lanes shall provide sufficient space for turning and maneuvering.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
8-15
OTHER PROVISIONS
8.29
FENCE
A fence shall be constructed no higher than:
(a)
2m (6 ft) on the side and rear yard;
(b)
1m (3 ft) on the front yard
Notwithstanding Subsection 1, any corner lot fence must not obstruct any sightlines as
specified in "corner lot" restrictions specified in Section 8.13 (Easements).
Wire and/or electric fences are prohibited unless approved by the Municipal Planning
Commission.
8.30
RETAINING WALLS
The Development Authority may require that a retaining wall be provided if the elevation
difference between properties is more than 0.3m (1 ft).
The Development Authority may require the construction of an engineered retaining wall
where the change in grade or elevation between two sites or around a building exceeds a
slope of 1:3 (vertical : horizontal) and a height of 1m (3 ft).
An approved technical engineering report prepared by a qualified professional engineer
shall be required for any proposed retaining wall as determined by the Development
Authority.
8.31
SOLAR ENERGY COLLECTOR
Development permit is not required to install Solar Energy Collector System securely onto
the principal and/or accessory building.
Solar energy collector system shall not produce nuisance, such as glare or excessive heat
emitted beyond the property boundary.
Solar energy collector system attached to a building shall:
(a)
project no more than 0.46m (1.5 ft) from the surface of the building;
(b)
project no more than 1m (3 ft) above the roof line in residential districts, where the
roof is flat, and no more than 2m (6 ft) above the roof line in all other districts;
(c)
not exceed the maximum height of the district; and
(d)
not extend beyond the outer edge of the roof or wall.
Solar energy collector system detached from a building is Discretionary in all districts which
shall:
(a)
be prohibited within the front yard; and
(b)
be screened from adjacent properties;
8.32
SATELLITE DISH
No satellite dish shall be erected:
(a)
located in front or side yard abutting a street;
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(b)
that is less than 1m (3 ft) from side and/or rear property lines, except on corner site,
no part of the dish shall be closer to the street than the principal building;
(c)
that is used for commercial/advertising purposes other than displaying the
manufacturer's name/logo; and
(d)
that is illuminated.
A satellite dish shall be sited in such a way that minimizes its impact on neighbours.
Not more than two satellite dishes per dwelling unit shall be permitted on a site unless
otherwise approved by the Development Authority.
Satellite dishes shall be securely fastened into or onto a building structure or a concrete
foundation.
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PART 9
PARKING
Parking spaces shall be provided on site in accordance with parking requirement, Table 2
below, unless otherwise noted, shall be calculated on the basis of the gross floor area, and
where a fractional figure occurs shall be rounded up.
Notwithstanding Subsection 1, parking spaces for residential districts are exempt from this
regulation except for multi-unit residential development exceeding 2 dwelling units.
The parking requirement for any use not specified in Subsection 1 shall be as determined by
the Development Authority having regard to the traffic expected to be generated by the
proposed development.
The parking space requirement on a parcel of land proposed to have more than one use
shall be the sum of the requirements for each of those uses, unless the applicant provides a
parking study approved by a qualified professional demonstrating less is required.
USE OF BUILDING
MINIMUM NUMBER OF PARKING SPACES
RESIDENTIAL
dwelling unit (du)
Dwelling: Detached, Duplex, Manufactured
Home, Multi-attached, Row House
2 / du
Dwelling: Apartment
1 / du + 1 / 5 du - visitor parking
Dwelling: Multi-attached dwelling
2 / du + 1 / 5 du - visitor parking
Adult Care Residence,
1 / du + 1 / employee
Secondary Suite
1 / du
COMMERCIAL
employee (equivalent to a 24 hr work shift)
Government Service, Financial Service, Office,
Repair Shop
2 / 100 m2 (1,000 ft2)
Hotel, Motel, Bed and Breakfast
1 / guest room + 1 / employee
Bar / Pub, Restaurant
1 / 4 seats - indoors + 1 / 12 seats - outdoors
Retail Store, Personal Service, Day Care,
Recreation and Entertainment, Gas Bar
2.5 / 100 m2 (1,000 ft2)
INDUSTRIAL
All Industrial Uses not listed elsewhere,
Protective and Emergency Services
1 / employee
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PUBLIC
Hospital
1 / 4 beds + 1 / employee
Health Service, Animal Facility
2 / professional + 1 / employee
Place of Worship
1 / 4 seats
SCHOOL
Junior High School and lower levels
1 / employee
Senior High School
1 / 20 students + 1 / employee
Table 2. Parking requirement
Parking areas shall be designed in accordance with the following standards:
A
Parking Angle
(degrees)
B
Stall
Width (m)
C
Stall
Depth (m)
D
Overall
Depth (m)
E
Aisle
Width (m)
0
7
2.75
9
12.5
30
2.75
5
13.5
3.5
45
2.75
5.7
15.4
4
60
2.75
6
18
6
90
2.75
5.5
18.5
7.5
Table 3. Parking Area Design Standard
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A minimum standard of 30m2 (320 ft2) per parking space shall be used as a general
calculation of parking area and parking space shall have a minimum dimension of 2.75m (9
ft) by 5.5m (18 ft).
Parking spaces shall be located on the same parcel as the building or use; however parking
may be provided off-site if located at a maximum distance of 125m (410 ft) from the
building site with approval from the Development Authority subject to:
(a)
the owner of the parking lot agrees with the terms and conditions of the Village; and
(b)
a caveat registered against the parking lot owner
Every on-site parking space provided and access thereto shall be hard surfaced.
Notwithstanding Subsection 8, parking areas for industrial uses not abutting a street may be
made of gravel at the discretion of the Development Authority.
Vehicle access to commercial and industrial sites shall be hard surfaced apron measuring a
minimum depth of 7.5m (25 ft).
Parking areas, except for low density residential district (R1), shall be provided with
overhead illumination satisfactory to the Development Authority.
As a condition of a development permit, an irrevocable letter of credit may be required up
to the value of the estimated cost of the proposed paving/parking. The condition of the
security being that, if the paving/parking is not completed in accordance with this Bylaw and
the Development Permit within the one (1) construction season after the completion of the
development, then the amount fixed shall be available to the village for its use in installing
the required paving/parking.
9.2
LOADING SPACES
Loading spaces shall be required for non-residential development and apartment. Such
spaces shall be reserved for loading and unloading and shall not be used for parking of other
vehicles.
Loading spaces shall be designed and located so that all vehicles using such spaces can be
parked and maneuvered entirely within the bounds of the parcel before moving onto a
public roadway.
Loading spaces shall be located in rear and / or side yards only.
Each loading space shall be at least 3.5m (12 ft) wide x 9m (30 ft) long and 4.6m (15 ft) of
overhead clearance.
Loading areas shall be paved to Village Engineering Standards.
9.3
DRIVEWAYS
At street intersections, driveway shall be setback from the parcel boundaries which form the
intersection not less than:
(a)
6m (20 ft) where the driveway serves not more than four dwelling units, or
(b)
15m (50 ft) for all uses except where existing or planned traffic volumes indicate
that a greater distance is required to improve or maintain traffic safety and
efficiency or the front parcel boundary is not large enough to allow the minimum
6m setback.
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PART 10
SIGN REGULATION
10.1
GENERAL PURPOSE
The purpose of the sign regulation is to ensure signs erected within the Village receives an
approved development permit to prevent clutter, pollution and hazard to its citizen.
No sign shall be erected without a benefit of a permit unless a permit is not required within
the provision elsewhere within this Land Use Bylaw.
10.2
SIGN DEFINITION
The following are sign definition for each term
A-board
means a self-supporting A-shaped local
advertising sign which is set upon the
ground and has no external supporting
structure sign.
awning
means a non-illuminated local
advertising sign which is painted on or
affixed flush upon the covering
material of an awning.
billboard
means a sign to which advertising copy
is pasted, glued, painted or otherwise
fastened to permit its periodic
replacement and includes poster
panels and painted structures. A
billboard displays third-party
advertising
canopy sign
means a local advertising sign attached
to or constructed in or on a face of a
canopy or marquee but does not
include an under canopy sign
construction sign means a sign located on a site where construction is planned and contains general
information about the intended construction.
digital sign
means a sign that displays digital copy displaying advertising, including static or
moving effects, message transition effects, video images, or animation.
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10-2
directional sign
means a sign used to promote a candidate or party during a municipal, school
board, provincial or federal election or any election held pursuant to the Local
Authorities Election Act.
election sign
means any sign used to promote a candidate or party during a municipal, school
board, provincial or federal election or any election held pursuant to the Local
Authorities Election Act.
electric sign
means a sign which utilizes an
electrical energy source.
fascia sign
means a local advertising attached to
marked or inscribed on and parallel to
the face of a building wall but does not
include a billboard
flashing sign
means a sign which contains an intermittent or flashing light source.
free standing
sign
means a local advertising sign that is
supported independently of a building
wall or structure but does not include a
temporary sign.
garage sale sign
means a sign advertising any general sale to the public of personal property from a
site in any residential district.
identification
sign
means a sign which contains no advertising but is limited to the name address and
number of a building, institution or person.
inflatable sign
means a sign or other advertising device which is designed to be inflated with air or
a lighter-than-air gas and to be anchored or affixed securely to the ground.
local advertising
sign
means a sign which advertises the business on the property where the sign is
located.
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neighbourhood
identification
sign
means a sign which states the name of
a community area and may contain a
logo symbol or map which is related to
the community name.
open house sign means a sign advertising an open house for residential property for sale, and may
include an A-board sign
painted wall sign means a sign which is painted directly
upon any outside surface or other part
of building advertising products,
services, or activities which need not
relate to products, services, or
activities provided for at the property
on which the sign is located and also
includes super graphics.
portable sign
means any sign or advertising device
that can be carried or transported
from one site to another which does
not rely on a building or a fixed
concrete foundation for its structural
support and includes signs commonly
known as mobile signs, temporary
signs, inflatable signs, or devices or
banners, whether tethered to a
building or not, vehicles placed in a
location for advertising purposes, but
does not include A-board or real estate
sign or signage permanently attached
and forming part of motor vehicles use
in the day to day conduct of a
business.
projecting sign
means a sign which projects from a
structure or building façade.
property
management
sign
means a sign that identifies the party responsible for the management of the site
and any necessary sales, leasing or rental information.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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reader board
means a sign which provides for a changeable message through the uses of an
electronically displayed message or other similar means and which forms an integral
part of the sign which advertises events related to the principal building and may be
used for sponsor recognition.
real estate sign
means a sign erected on or off site by the owner or agent advertising the sale or
lease of the property.
roof sign
means a sign which is erected upon or above a roof or parapet of a building.
rotating sign
means a local advertising sign or portion of a local advertising sign which moves in a
revolving manner, but does not include a clock.
sign
means any device or medium used to communicate, identify or advertise: a place of
business, a service or a product by using words, numbers, or logos.
sign area
means the entire surface area of a sign on which advertising copy could be placed
and includes any frame or embellishment which forms an integral part of the
display, but does not include landscaping and in the case of a double-face or multi-
face sign, the average of the total area of all sign faces.
sign structure
means a structure designed to support a sign securely so as not to present hazard.
subdivision
identification
sign
means a sign containing general information about a subdivision such as the name
of the subdivision or the name of the developer.
super graphics
means a graphic design painted on a building, which does not convey a defined
advertising message or logo and include a mural.
third-party
advertising
means a sign which refers to goods, activities or services other than those
produced, offered for sale or free or obtainable at the premises or on the site on
which the sign is displayed.
truck and/or
trailer sign
means a sign on a parked or immobilized motor vehicle (eg truck or van) or trailer
for 72 hours.
under-canopy
sign
means a local advertising sign which is suspended beneath a canopy.
wall sign
means a sign which is mounted or fixed to or supported by a wall by any means and
may display general advertising.
window sign
means a local advertising sign which is painted on , attached to or installed inside or
outside a window.
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10.3
APPLICATION
A development permit application for a sign shall include the following information:
(a)
location of the sign with applicable elevation drawing or site plan of the property
showing distances to front and side property lines, approaches or driveway location
and distances from existing building;
(b)
overall dimension of the sign;
(c)
amount of projection from the face of the building or above the building roof or
parapet wall;
(d)
height of freestanding sign
(e)
amount of projection over public property;
(f)
height of sign above ground level; and
(g)
manner of illuminating the sign in any from of animated or intermittent lights.
10.4
GENERAL PROVISION
A sign shall not conflict with the general character of the surrounding streetscape or the
architecture of nearby buildings.
The development authority shall have regard for the scale and architectural character of the
building and land use characteristics of the surrounding development.
A sign shall be located so that all portions of the sign and its support structure is completely
within the property and no part of the sign shall project beyond the property lines subject to
Subsection 5.
No sign shall be erected that shows full or partial nudity; promotes: intolerance, hatred or
ridicule of race, religion, or other segment of society.
No approval shall be granted for a sign which will overhang a street, sidewalk or other
Village property unless:
(a)
the applicant enters into an encroachment agreement with the Village; and
(b)
the applicant files with the Village in a form satisfactory to the Village's solicitors a
public liability and property damage policy in favour of the Village in the principal
amount of $500,000 inclusive limits in respect of loss sustained by one or more
persons or damaged property, executed under seal by an insurance company
registered to do business within the Province of Alberta, indemnifying against
liabilities, claims, actions, loss, damages, judgements, costs and expenses which may
accrue or be suffered by installation, suspension or alteration, and the maintenance
and use of the sign in respect of which the application for a development permit has
been made, and shall maintain such insurance in force until a sign has been taken
down and removed.
Where a sign projects over public property, a minimum clearance of 2.5m (8 ft) above
ground level shall be maintained where there is no vehicular movement within the area.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
10-6
A higher clearance of 4.5m (15 ft) shall be maintained where a sign is located or projects
into or over a driveway or other area of vehicle movement.
A sign shall not obstruct the view of or be liable to be confused with any authorized traffic
sign, signal or device or otherwise pose a potential hazard to traffic.
A sign shall not display lights which may be mistaken for the flashing light customarily
associated with danger or those used by police, fire, ambulance or any other emergency
service vehicles.
The owner of a sign shall:
(a)
keep the sign in good repair, clean, neat, and tidy; and
(b)
ensure that all structural members and guy wires (support systems) are securely and
properly attached to the sign and its anchor and meet proper safety standards; and
With the exception of billboard signs, freestanding signs related to comprehensively
planned commercial area, freestanding signs used solely by community organizations and
reader boards, the subject matter of all signs shall relate to the use or ownership of the
property on which the sign is located.
Where a sign no longer fulfils its function under the terms of this Land Use Bylaw, the
Development Authority may recommend that Council resolve to order the removal of the
sign and the lawful owner of the sign, or where applicable the registered property owner,
shall upon resolution:
(a)
remove the sign and all related structural components within thirty (30) days from
the date of receipt of such notice,
(b)
restore the immediate area around the sign to the satisfaction of the Village, and
bear all the costs related to such removal and restoration.
10.5
SIGN NOT REQUIRING A DEVELOPMENT PERMIT
A development permit is not required for the erection of one non-illuminated sign of the
following nature and size for each use within a building or on a parcel, provided such signs
do not resemble or conflict with traffic signs:
(a)
fascia sign for the purpose of identification, direction and warning not exceeding
0.2m2 (2 ft2);
(b)
fascia sign relating to a person, partnership or company carrying on a profession,
business or trade not exceeding 0.3m2 (3 ft2)
(c)
fascia or freestanding sign relating to a religious, educational, cultural, recreational
or similar institution, or to an apartment not exceeding 1m2 (10 ft2);
(d)
a portable sign, not exceeding 4.5m2 (48 ft2)in area, relating to:
(i)
sale or lease of land or building;
(ii)
sale of goods or livestock by auction;
(iii)
carrying out of construction;
(iv)
announcement of any local event of a religious, educational, cultural, political
or governmental nature;
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
10-7
(e)
notwithstanding the provisions of Part 4, a maximum of two "A" frame signs, not
exceeding 0.55m2 (6 ft2)in area and 1m (3 ft) in height on a parcel to which the
advertising relates, or on the immediate adjacent road allowance located behind
the curb line.
10.6
AWNING AND AWNING SIGN
Awnings shall be constructed of durable colour-fast material.
Awnings shall be tightly stretched over a ridged metal frame in order to minimize the
accumulation of dirt through sagging, and also to improve their neat appearance.
Minimum clearance shall be 2.5m (8 ft).
10.7
CANOPY SIGN
Canopy sign shall be attached to the structure to which they refer.
Canopy sign may be attached to any or all faces of the canopy.
Under canopy signs shall not exceed a depth of 0.3m and shall not project beyond the outer
edge of the canopy.
Canopy signs attached to the face of the canopy or under the canopy shall have a minimum
clearance to the finished grade of 2.5m (8 ft).
10.8
DIGITAL SIGN
Digital signs shall be non-distractive to the public in its light intensity nor the amount of
movement being displayed.
Digital Sign shall use automatic light level controls to adjust light levels at night to reduce
light pollution in accordance with the following:
(a)
Ambient light monitors shall automatically adjust the brightness level based on the
ambient light conditions. Brightness levels shall not exceed 0.3 foot candles above
ambient light conditions when measured from the face at its maximum brightness;
and
(b)
Brightness level of the sign shall not exceed 400 nits when measure from the sign
face at its maximum brightness.
10.9
FASCIA SIGN
No fascia sign shall be lower than 2.5m (8 ft) above grade, except in the case of a sign
intended solely for the information of pedestrians in which case the height shall be
determined by the Development Authority having regard, amongst other things, to public
safety.
No fascia sign on a single storey building shall be higher than the eave line of the building.
No fascia sign on a building of two or more storeys shall be higher than the sill level of the
second floor windows or the equivalent height in the case of a sign attached to windowless
wall unless otherwise approved by the Development Authority.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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10.10 FREESTANDING SIGN
With the exception of signs used solely by community organizations, a freestanding sign
shall be situated wholly upon the site of the building or land use to which the sign refers.
A sign shall not project over and beyond the property line.
No freestanding sign is to exceed 9m (30 ft) in height and 9m2 (100 ft2)in sign area, except
that a sign identifying a neighbourhood commercial site in or adjacent to a residential area
shall have a maximum permitted height of 7.5m (25 ft) and a maximum permitted sign area
of 4.6m2 (50 ft2).
Only one (1) freestanding sign shall be allowed on each parcel.
Notwithstanding Subsection 3 and 4, if a freestanding sign is to be locate in a shopping
centre or intended to serve a commercial area planned as a unit, more than one (1)
freestanding sign may be permitted and the total sign area may be increased to a maximum
of 27.5m2 (300 ft2)and maximum height shall be 11m (35 ft).
Where more than one (1) freestanding sign is permitted, freestanding sign on the same
parcel shall be separated by a minimum distance of 15m (50 ft) from each other.
10.11 PROJECTING SIGN
No part of the projecting sign shall be less than 2.5m (8 ft) above finished grade.
No projecting sign on a single storey building shall be higher than the eaves line of the
building.
No projecting sign on a building of two or more storeys shall be higher than the windowsill
level of the second floor windows or the equivalent height in the case of the sign attached
to a windowless wall, unless otherwise approved by the Development Authority.
The maximum size for projecting signs shall be 0.9m2 (10 ft2).
Only one projecting sign may be erected on each street frontage of a building, unless
otherwise approved by the Development Authority.
10.12 PORTABLE SIGN
Only one portable sign shall be permitted on a parcel at any one time.
No portable sign shall be higher than 2m (6 ft) above grade or larger than 3m2 (30 ft2) in sign
area.
Portable signs shall be situated wholly upon the site of the business or land use to which the
advertising of the sign refers.
10.13 READER BOARD
A reader board may form part of a freestanding sign, billboard sign or fascia sign where all
provisions relating to the respective type sign are satisfied.
10.14 ROOF SIGN
The Village shall be satisfied that the purpose of the roof sign cannot be achieved by
another type of sign.
Roof signs will only be allowed if:
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
10-9
(a)
located in a commercial or industrial district;
(b)
the message of the sign is limited to the building on or the land use of the parcel on
which the sign is situated;
(c)
the maximum sign area shall be 9m2 (100 ft2), excluding the supporting structure.
(d)
the sign shall not project more than 2.5m (8 ft) vertically above the roof line, and no
portion of the sign shall project horizontally beyond the roof line; and
(e)
a qualified member in good standing of the Association of Professional Engineers,
Geologists and Geophysicists of Alberta shall design or approve the design of the
sign support structure.
10.15 WALL SIGN
A wall sign shall not exceed 3.0m (10 ft) in height and 9.0m (30 ft) in length;
Only one wall sign per wall shall be permitted.
No wall sign on a building of two or more storeys shall be higher than the sill level of the
second floor window or the equivalent height in the case of a sign on a windowless wall,
unless otherwise approved by the Development Authority.
10.16 OTHER SIGN
The Development Authority may approve other sign subject to the general provisions of
Section 10.4 (General Provision).
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
10-10
SIGN TYPE
DISTRICT
R1
R2
R3
C1
C2
I1
P1
P2
P3
U1
A - Board, Awning, Canopy, Digital, Electric, Flashing,
Freestanding, Projecting, Reader Board, Roof, Rotating,
Under Canopy, Window
P
P
P
Billboard
P
P
P
P
P
P
P
Fascia
P
P
P
P
P
P
Neighbourhood, Subdivision, Property Management
P
P
P
P
P
P
Painted Wall, Wall
D
D
D
Portable
D
D
D
P
P
P
P
P
P
D
Real Estate
P
P
P
P
P
P
P
Super graphic
D
D
D
D
Table 4. Sign Regulations Matrix
10.17 SIGN MATRIX
Table 4 above shows the Sign Regulation Matrix which shall be used in conjunction with the rest of the regulations within this bylaw.
The sign types may be a Permitted Use, Discretionary Use, or Neither as indicated in the Table Key below:
TABLE KEY
Permitted Use
P
Discretionary Use
D
Neither Permitted nor Discretionary Use
Table 5. Table Key.
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10-11
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VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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PART 11
LANDSCAPING REGULATION
11.1
LANDSCAPING
The purpose of this section is to encourage the effective use of vegetation and other
landscaping material approved by the Development Authority to promote the aesthetic
appearance of the built environment, while contributing to the image and appeal of the
community, mitigate air and noise pollution and enhance property values. Landscaping shall
be provided in accordance with the following:
(a)
unless otherwise indicated, all Commercial and Industrial Districts shall be required
to have a minimum of ten percent (10%) of the site area landscaped.
(b)
all parts of a parcel, except the front yard, not covered by buildings, driveways,
parking, storage and display areas or forming part of the required landscaped area
shall be seeded to grass, sodded, cultivated as a garden, hard landscaped or left
with its natural grass and vegetative cover.
(c)
the front yard of all residential districts not covered by buildings, driveways, or
parking shall be landscaped to the satisfaction of the development authority.
(d)
all boulevards adjacent the development site shall be seeded, sodded, or gravelled
excepting those ditch areas required for drainage. Any surface treatment other than
grass or any tree planning on the boulevards shall require prior approval of the
Village.
(e)
existing trees shall be retained to the greatest extent possible. Any such trees which
are retained following development may be considered in assessing fulfilment of the
landscaping requirements provided construction activity has not, in the opinion of
the Development Authority, impacted the ability of the existing trees to survive five
(5) years beyond the date the development was completed.
(f)
all trees shall be separated a minimum distance from each other to allow sufficient
space for the tree's maximum potential growth radius at maturity and to ensure
healthy, un-inhibited growth.
Landscaping shall be completed to the satisfaction of the Development Authority by the end
of the first full growing season following completion of construction or the commencement
of the use, whichever occurs first. All landscaping shall be of a type and quality that is
satisfactory to the Development Authority.
Prior to issuing a development permit for any Commercial or Industrial Districts, the
Development Authority may require submission of a detailed landscaping plan to a standard
satisfactory to the Development Authority, outlining at a minimum the following:
(a)
the location of the trees and shrubs to be planted, including the distance between
trees and the anticipated growth radius at maturity;
(b)
the number of trees and shrubs to be planted; and
(c)
the common name of the trees and shrubs to be planted.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
11-2
Screening shall be provided in any Commercial or Industrial Districts development for the
following to the satisfaction of the Development Authority:
(a)
outdoor storage area;
(b)
garbage area.
Screening method and/or material shall be compatible with the development and its
surrounding uses where the visual adverse impact is minimized.
The owner of a property, or his/her successor or assignee, shall be responsible for
installation and proper maintenance of all landscaping required by a development permit. If
the required landscaping does not survive two (2) growing season following the date of
landscaping, the applicant/owner must replace it with a similar type of species and with a
similar caliper width or height, to the satisfaction of the Development Authority.
A security equal to the amount of the cost to provide the approved landscaping plan shall be
taken in the form of irrevocable letter of credit from a federally certified financial
institution:
(a)
the Village shall be paid the full amount on demand if the required landscaping has
not been fully carried out as approved and the Village shall use the funds to carry
out the works required.
(b)
the Village will release the irrevocable letter of credit with the following conditions:
(i)
once the date of the development permit of the required two (2) growing
season has expired; and
(ii)
the landscaping has been completed, as approved in the landscaping plan, to
the satisfaction of the Development Authority.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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PART 12
LAND USE DISTRICTS
12.1
ESTABLISHMENT OF LAND USE DISTRICTS
For the purpose of this Land Use Bylaw, the Village of Elnora is divided into the following
Districts:
R1
Low Density Residential
R2
Multi-Family Residential
R3
Manufactured Home Park Residential
C1
General Commercial
C2
Service Commercial
I1
Industrial
P1
Public Service
P2
Public Recreation
P3
Public Utility
U1
Urban Reserve
Land Use Districts and the associated District provisions are established for the Village in
accordance with Schedule A - Land Use District Map of this Bylaw.
The Land Use District Map constitutes part of Schedule A of this Bylaw.
Provisions listed on Parts 4, 8, 9, 10 & 11 shall apply to all development on all sites within
any District as applicable.
All regulations are minimum standards unless otherwise noted:
(a)
Where it is noted as max, this refers to maximum;
(b)
where the measurements are given as a range the lower number would be the
minimum and the larger number is the maximum.
Setback distances shall be measured from the property line to the nearest exterior wall of a
building, structure, or use unless otherwise noted.
Measurements shall be interpreted as follows, while rounding is to the nearest 5s for
lengths and to the nearest 1s for areas:
ac - acres
du - dwelling unit
ft - feet
ft2 - square feet
ha - hectares
m - metres
m2 - square metres
Each individual parcel shall be connected to municipal water, sewer, storm water, and other
utility services as applicable, unless otherwise noted.
The boundaries of the Districts listed in Subsection 1 area as delineated on the Land Use
District Map being "Schedule A" hereto.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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All public thorough fares including roadways, alleys, and lanes; water courses and lakes are
excluded from the Land Use Districts.
Where the location of District boundaries on the Land Use District Map is not clearly
understood, the following rules shall apply:
(a)
a boundary shown as approximately following a parcel boundary shall be deemed to
follow the parcel boundary;
(b)
where a boundary is shown as approximately following the Village boundary, it
follows the Village boundary;
(c)
where a boundary is shown as approximately following the edge or shorelines of
any watercourse or water body, it follows the edge or shoreline.
(d)
when abutting lands are governed by different districts, the centre of roadway is the
district boundary, unless the district boundary is shown clearly following the edge of
a roadway .
(e)
a boundary which does not follow a parcel boundary shall be located by
measurement of the Land Use District map; and
(f)
a boundary location which cannot be satisfactorily resolved, shall be referred to
Council for an official interpretation.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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12.2
LOW DENSITY RESIDENTIAL DISTRICT (R1)
General Purpose
To provide an area for low density residential development and compatible uses.
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Use
Dwelling:
-
Detached
-
Duplex
Home Occupation - Minor
Parks & Playground
Public Utility
Sign
Adult Care Residence
Bed and Breakfast
Day Care Facility
Dwelling:
-
Manufactured Home
-
Modular Home
Home Occupation - Major
Place of Worship
Secondary Suite
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area
500m2 (5,300 ft2)
Parcel Width
12m (40 ft)
Front Yard
6m (20 ft)
Side Yard
1.5m (5 ft)
3m (10 ft) if abutting a public road way
Rear Yard
7.5m (25 ft)
6m (20 ft) if not abutting a back alley
Floor Area
79m2 (850 ft2)
Site Coverage, max
55%
Building Height, max
9m (30 ft)
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12-4
12.3
MULTI-FAMILY RESIDENTIAL DISTRICT (R2)
General Purpose
The purpose of this district is to provide for the development of a variety of multi-family
housing types.
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Use
Dwelling:
-
Apartment
-
Multi-attached
-
Row House
Home Occupation - Minor
Parks & Playground
Public Utility
Sign
Adult Care Residence
Bed and Breakfast
Boarding & Rooming House
Day Care Facility
Dwelling:
-
Detached
-
Duplex
-
Manufactured Home
-
Modular Home
Home Occupation - Major
Place of Worship
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area or Area
Apartment
82m2 (880 ft2) / du
102 / du - 2 bed rooms and greater
1.2 ha (3 ac) - max
Multi-attached
90m2 (1,000 ft2) / du
Row House
190m2 (2,000 ft2) / du - interior parcel
275m2 (3,000 ft2) / du - corner parcel
Parcel width
Apartment
30m (100 ft)
Multi-attached
15m (50 ft)
Row House
6m (20 ft) / du - interior parcel
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-5
9m (30 ft) / du -end unit
Front Yard
Apartment, Multi-attached
7.5m (25 ft)
Row House
6m (20 ft)
Side Yard
1.5m (5 ft)
3m (10 ft) if flanking a road
Rear Yard
7.5m (25 ft)
Building Height, max
Apartment
4 storeys
Multi-attached
3 storeys
Row House
3 storeys
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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12.4
MANUFACTURED HOME RESIDENTIAL DISTRICT (R3)
General Purpose
To provide areas for the development of manufactured homes on permanent foundations on
separately registered lots.
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Use
Dwelling:
-
Manufactured Home
Home Occupation - Minor
Parks & Playground
Public Utility
Sign
Day Care Facility
Dwelling:
-
Detached
-
Duplex
Home Occupation - Major
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area
500m2 (5,300 ft2)
Parcel Width
12m (40 ft)
Front Yard
6m (20 ft)
Side Yard
1.5m (5 ft)
3m (10 ft) if abutting a public road way
Rear Yard
7.5m (25 ft)
6m (20 ft) if not abutting a back alley
Floor Area
79m2 (850 ft2)
Sit Coverage, max
55%
Building Height, max
7.5m (25 ft)
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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12.5
MANUFACTURED HOME PARK RESIDENTIAL DISTRICT (R4)
General Purpose
To provide an area for the development of a comprehensively designed park that allows
manufactured home sites to be leased or owned as part of a condominium.
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Use
Dwelling:
-
Manufactured Home
Home Occupation - Minor
Sign
Retail Store - General
Park
Playground
Public Use
Development Standards
For the purpose of this District, it is recognized that lots in manufactured home parks may
not be legally registered parcels where title can be transferred, the term "lot" in this District
means an area of land for the placement of a manufactured home and for the exclusive use
of its occupants.
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area
440m2 (4,736 ft2)
Yard Requirements
a.
4.5m separation distance
b.
7.5m from any park boundary
c.
3m from any internal access road or
common parking area
d.
1.5m from any side lot line
e.
4.5m from any rear lot line.
Width
4.5m (15 ft)
Floor Area
65m2 (700 ft2)
Building Height, max
7.5m (25 ft)
No accessory or attached structure shall
exceed the height of the principal building
on each lot
Parcel Coverage, max
45%
Density, max
17 du / ha
Park Area
2.02 ha (5 ac), min - 5.08 ha (13 ac), max
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-8
Other Requirements
(a)
Manufactured home parks shall be used for residential purposes including those
uses and their associated facilities which, in the opinion of the Development
Authority, are clearly provided to serve the needs of the park residents.
(b)
A comprehensive plan for the manufactured home park must be approved by the
Development Authority. This plan shall include the following:
(i)
park access, road system, walkway system and lot pattern showing
dimensions;
(ii)
proposed location of manufacture home for every lot;
(iii)
guidelines governing the design and material to be used in the construction of
carports, patios, porches, decks, storage buildings, skirting, fences, fuel
storage and supply facilities, and other attached or detached structures;
(iv)
location of parking spaces for every proposed lot, as well as visitor parking
areas;
(v)
provisions for on-site containerized garbage collection facilities;
(vi)
area designated for recreational and/or playground use;
(vii)
proposed landscaping in the park;
(viii) provisions for outdoor lighting;
(ix)
identification and directional signs; and
(x)
storage compound for trucks, trailers, campers, snowmobiles, boars, etc.
(c)
The development of the park must be completed in conformance with the approved
plan and related conditions;
(d)
The park owner shall ensure that each manufactured home is leveled, blocked and
skirted within 30 days of being placed on a lot.
(e)
All lot lines shall be clearly defined on the ground by permanent flush stakes or
markers with a lot number or other address system;
(f)
Residents shall be informed of their responsibilities with respect to the Land Use
Bylaw by the park owner who shall be responsible for developing and operating the
park in compliance with this Bylaw.
Recreation Area and Landscaping
(g)
A minimum of 10% of the total area of a manufactured home park shall be set aside
for recreational and/or playground use;
(h)
Each park shall provide on its perimeter a landscaped area of not less than 3m in
width or other edge treatment satisfactory to the Development Authority;
(i)
All areas of a park not developed or occupied by park roads, walkways, driveways
parking aprons, buildings or other developed facilities including playgrounds, shall
be landscaped.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-9
Vehicular - Pedestrian Areas
(j)
All park roads shall have at least 12m (40 ft) right-of-way and a paved carriageway
of not less than 8m (25 ft) in width.
(k)
Internal pedestrian walkways, where provided, shall have a hard surfaced width of
1.5m (5 ft).
(l)
Two off-street parking spaces shall be provided on or adjacent to each
manufactured home lot.
(m)
The owner of the park shall provide parking spaces for visitors at locations approved
by the Development Authority. One parking space shall be provided for every 2
manufactured homes.
(n)
The park owner shall be responsible for the removal of snow from all internal
pedestrian walkways and park vehicular areas and park streets, excluding individual
parking spaces.
Storage Areas
(o)
A screened storage compound equivalent to 20m2 (215 ft2) for every manufacture
home lot in the park shall be provided for seasonal recreational equipment not
capable of storage on the manufactured home lot.
Utilities
(p)
All utility services and all utility wires and conduits shall be installed underground.
(q)
All service buildings must be accessible by a park street.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-10
12.6
GENERAL COMMERCIAL DISTRICT (C1)
General Purpose
To provide an area for a variety of commercial uses and professional services offering goods
and services. The area is shall be attractive and safe for pedestrians while being accessible
for motor vehicles.
Permitted Uses
Discretionary Uses
Bar / Pub - Neighbourhood
Convenience Store
Financial Service
Food Catering Service
Funeral Home
Gas Bar
Government Service
Health Service Facility
Hotel
Office
Motor Vehicle Sales and Repair
Personal Service Facility
Restaurant
Retail Store - General
Sign
Accessory Building and Use
Animal Facility
Bottle Depot
Bus Depot
Child Care Facility
Dwelling:
-
Apartment
Studio
Car Wash
Recreation and Entertainment Facility
Mixed-Use Building
Public Park
Public Utility
Place of Worship
Repair Shop
Retail Store - Exclusive
Recreation Facility - Indoor
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-11
Development Standards.
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area
0.35 ha (0.85 ac)
Front Yard
0m
Side Yard
0m
3m (10 ft) - a site adjacent to a residential
district
6m (20 ft) - one unobstructed side yard for
laneless parcel, excludes corner site with rear
access
Rear Yard
0m
6m (20 ft)- a site abuts a residential district
Parcel Coverage, max
100 %
Building Height, max
10m (30 ft)
Special Requirements
(a)
Where a parcel abuts a residential district the following shall be applied:
(i)
no open storage or outdoor display shall be permitted in the abutting yard;
(ii)
no parking space in such yard within 6m (20 ft) of a lot line;
(iii)
no outdoor patio shall be allowed within 15m (50 ft)of an adjacent residential
district; and
(iv)
adequate screening or buffering shall be provided to the satisfaction of the
Development Authority.
(b)
Dwelling units within mixed-use building shall:
(i)
have a separate entrance distinct from the commercial use; and
(ii)
not to be located on the same floor as non-residential use unless there is a
physical separation of uses or entrances.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-12
12.7
SERVICE COMMERCIAL DISTRICT (C2)
General Purpose
To provide areas for commercial uses located on highly visible thoroughfares or roadways to
provide goods and services to the traveling public and having high standards of appearance
and design.
Permitted Uses
Discretionary Uses
Bar / Pub - Neighbourhood
Car Wash
Gas Bar
Hotel
Motel
Motor Vehicle Repair and Service
Office
Restaurant
Restaurant - Drive Thru
Retail Store - General
Sign
Accessory Building and Accessory Use
Bulk Fuel Sale and Station
Car Wash - Commercial
Commercial Recreation and/or Entertainment
Facility
Manufactured Home Sales and/or Service
Financial Service
Repair Shop - Minor
Retail Store - Exclusive
RV Sales and/or Service
Farm Equipment Sale and/or Service
Warehousing
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area
0.3 ha (0.75 ac)
Front Yard
9m (30 ft)
Side Yard
3m (10 ft)
6m (20 ft) if adjacent to a residential district
Rear Yard
6m (20 ft)
Parcel Frontage
15m (50 ft)
Parcel Cover, max
55 %
Building Height, max
10m (30 ft)
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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12.8
LIGHT INDUSTRIAL DISTRICT (I1)
General Purpose
To provide an area for a wide range of industries in the manufacturing, assembling,
fabricating, processing, and associated businesses. Nuisance generated by the activities
within this district should generally be contained within this District.
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Uses
Animal Facility
Bar / Pub - Neighbourhood
Bar / Pub - Exclusive
Bottle Depot
Car Wash - commercial
Heavy Equipment Sales and Service
Industrial Use - General
Public Utility
Sign
Warehousing
Auction Market - minor
Auction Market - major
Auto Wrecking Yard
Cannabis Production Facility
Crematorium
Motor Vehicle Repair and Service
Retail Store - General
Retail Store - Exclusive:
Salvage Yard
Storage Yard
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Parcel Area
0.4 ha (1 ac)
Front Yard
9m (30 ft)
Side Yard
3m (10 ft)
0m if fire resistant wall is provided
6m on one unobstructed yard for a laneless
site, excluding corner sites with rear access
Rear Yard
6m (20 ft)
Parcel Frontage
15m (50 ft)
Parcel Coverage, max
85 %
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12.9
PUBLIC SERVICE DISTRICT (P1)
General Purpose
To provide an area for institutional, recreational types of facility that serves the village
community providing services where the activity is mainly conducted indoors within an
enclosed building.
Permitted Uses
Discretionary Uses
Adult Care Facility
Day Care Facility
Community Facility
Government Service
Health Service Facility
Hospital
Place of Worship
Protective and Emergency Services
Sign
Accessory Building and Accessory Uses
Cemetery
Personal Service Facility
Security/Operator Suite
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Front Yard
9m (30 ft)
Side Yard
3m (10 ft)
Rear Yard
6m (20 ft)
Parcel Coverage, max
85%
Building Height, max
15m (50 ft)
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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12.10 PUBLIC PARKS AND RECREATION DISTRICT (P2)
General Purpose
To provide land area for cultural, education, institutional, and recreational uses for the use
and enjoyment of the village community;
Permitted Uses
Discretionary Uses
Accessory Building & Uses
Park and Playground
Recreational Facility - Outdoor
Sign
Campground
Cemetery
Community Garden
Community Facility
Dog Park
Driving Range
Golf Couse
Mini-Golf
Public Utility
Development Standards
In addition to the required regulations of this Bylaw, the following requirements shall apply:
Front Yard
9m (30 ft)
Side Yard
3m (10 ft)
Rear Yard
6m (20 ft)
Parcel Coverage, max
85%
Building Height, max
15m (50 ft)
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
12-16
12.11 PUBLIC UTILITY DISTRICT (P3)
General Purpose
To provide an area for public utility necessary for servicing the Village of Elnora and its
residence.
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Uses
District Energy Facility
Power Generating Plant
Public Utility
Sign
Solar Farm
Wind Farm
Sewage Treatment Plant
Telecommunication Facility
Water Treatment Plant
Waste Management Facility
Development Standards
In addition to the required regulations of this Bylaw, the following standards shall apply:
Front Yard
9m (30 ft)
Side Yard
3m (10 ft)
Rear Yard
6m (20 ft)
Parcel Coverage, max
85%
Building Height, max
15m (50 ft)
Emergency risk study/plan prepared by a qualified professional must be submitted, all cost
borne by developer, in order to protect the welfare of Elnora residents:
(a)
risk mitigation strategy must be implemented;
(b)
setback recommendation from the study must be adhered to; and
(c)
utility operators must keep the Village Emergency department informed of all their
emergency contacts at all times.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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12.12 URBAN RESERVE DISTRICT (U1)
General Purpose
To allow for agricultural and rural uses, and a limited range of other uses, that do not
prejudice the future urban use of the land.
To protect the land from premature subdivision and development until such time as Council
determines the specific land use(s) that may occur within the area taking into account such
matters as growth, serviceability, and the future development land requirements of the
Village.
Permitted Uses
Discretionary Uses
Agricultural Operation lawfully existing at
the date of adoption of this Land Use
Bylaw and Uses lawfully existing at the
date of adoption of this Land Use Bylaw
Sign
Accessory Use
Existing residence and other related
improvements
Mechanized Excavation, Stripping an
Grading
Public Utility Building
Uses and/or building which will not, in the
opinion of the Municipal Planning
Commission, materially alter the use of the
land lawfully existing at the time this Land
Use Bylaw came into effect, and would not
conflict with future expansion of urban
development
Other similar uses
Development Standards
In addition to the required regulations of this Bylaw, , the following requirements shall
apply:
Parcel Area
All of the land contained in the existing
certificate of title, unless otherwise
approved by Municipal Planning
Commission having regard to the intended
use of the smaller parcel of land and the
form of subsequent subdivision and
development planned for the area.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-1
PART 13
DEFINITION
Words that have their own definition shall be treated as separate and distinct from any
other words within this section, unless otherwise stated. An example of this would be the
word "dwelling, detached" which is different from a "manufactured home" although they
may seem similar in use as a dwelling being detached from any other building.
abut
means immediately contiguous to or physically touching, and
when used with respect to a parcel, means that the parcel
physically touches upon another parcel and shares a property
line or boundary.
accessory building and/or
accessory use
means a building or use which:
(a) is naturally and normally incidental, subordinate and
exclusively devoted to a principal building or principal
use;
(b) is subordinate in area, extent or purpose to the
principal building or principal use; and
(c) is located on the same site as the principal building or
use.
accommodation unit
means one or more room that provides sleeping
accommodation and bathroom facilities for not more than two
persons, but is not equipped with self-contained cooking
facilities.
Act
means the Municipal Government Act, RSA 2000, Chapter M-
26, as amended.
adjacent land
means land that is contiguous to the parcel of land that is the
subject of an application and includes land that would be
contiguous if not for a highway, railway, road or utility right of
way, reserve land, river or stream
adult care residence
means a building with two or more accommodation units
designed to provide long-term care housing wherein the adult
residents, who because of their own circumstance, cannot or
do not wish to maintain their own household are provided
with meal services and may receive such services as
housekeeping and personal care assistance.
adult entertainment
means a live or recorded performance, or part of serving (in a
restaurant) or any other medium that shows or displays full or
partial nudity, including full exposure of undergarments worn
as clothing to serve patrons in a sexually explicit or suggestive
manner.
agricultural operation
means an agricultural activity as defined in the Agricultural
Operations and Practices Act.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-2
animal facility
means an establishment for the sole purpose of providing
goods and services for animals including:
(a) a medical clinic;
(b) training;
(c) care;
(d) grooming:
(e) sale of domestic animals/pets; and
(f) retail sales of associated animal supplies conducted.
apartment
means a residential building consisting of at least three (3) self-
contained dwelling units within a single parcel accessed thru a
common hallway.
assisted living
see adult care residence
auction market - minor
means a parcel and/or a building used for the auctioning of
goods and equipment, including the temporary storage.
auction market - major
means a parcel and/or a building used for the auctioning of
livestock, goods and equipment, including the temporary
storage.
auto wrecking yard
means land and buildings that are used for the storage and
dismantling of old or wrecked cars or trucks for the purpose of
recycling their components.
bar / pub - neighbourhood
means a development with a primary purpose of selling
alcoholic beverages for consumption (not re-sale). Typical uses
include pubs, bars, or lounge.
bar / pub - exclusive
means an adult entertainment oriented restaurant or bar/pub
exclusively prohibiting customers under the age of majority.
bed and breakfast
means an owner occupied detached dwelling where temporary
accommodation is provided in four or less guest rooms and
meals are supplied on a daily basis to registered guests.
boarding and rooming house
means a detached dwelling in which a proprietor supplies, for
a fee, sleeping accommodation with or without meals.
bottle depot
means a business that purchases empty beverage containers
from the public.
building
includes anything constructed or placed on, in, over or under
land but does not include a highway, public roadway or a
bridge forming part of a highway or public roadway.
bus depot
means a facility providing for the departure and arrival of
passengers and freight carried by bus.
business support service
means the provision of a service to other businesses on a
commercial basis which supports the operation of the business
being served and includes such services as janitorial services,
property management services and courier services.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-3
bylaw
means the village of Elnora Land Use Bylaw.
bylaw enforcement officer
means a person appointed to enforce any or all of the
provisions of the Land Use Bylaw.
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 retail sales
means a retail store that is licensed by the Province of Alberta
to lawfully sell cannabis and cannabis accessories.
cannabis production facility
means a facility of one or more buildings used for the purposes
of growing, labelling, packaging, testing, destroying, storing,
researching and developing, shipping and receiving of cannabis
(marihuana) and cannabis oil by a licensed producer in natural,
fresh, dry or processed form. This use does not include retail
sales or a dispensary.
canopy
means a non-retractable, solid projection which extends from
the wall of a building and includes a structure commonly
known as a theatre marquee, but does not include normal
architectural features such as lintels, sills, moldings,
architraves, awnings and pediments.
car wash - minor
means a facility for washing private passenger vehicle as
defined in the Traffic Safety Act.
car wash - major
means a facility for washing all types of motor vehicles.
cemetery
means a use of land or a building for interment of the
deceased.
community facility
means a facility or establishment owned and may be operated
by a non-profit organization which provides for recreation,
education or entertainment.
community garden
means a plot of land where a group of people organized to
share the land to grow crops for personal consumption.
Council
means the elected political representatives of the Village of
Elnora.
crematorium
means an establishment with one or more cremation
chambers used only for the reduction of a deceased human
body to ashes by heat. Funeral services is not permitted in a
crematorium, see funeral home.
dangerous goods
as defined in the Transportation of Dangerous Goods Control
Act.
dangerous goods occupancy
means any occupancy where dangerous goods, as defined in
the Transportation of Dangerous Goods Control Act, are
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-4
unloaded, loaded, stored, processed, or otherwise handled in
quantities in excess of the amounts set forth in the said Act.
day care facility
means a facility requiring a provincial license to operate that
provides care and supervision of children within 3 but less than
24 consecutive hours in each day that the facility is operating
and is intended to be operated for at least 12 consecutive
weeks per year and must be in compliance with the applicable
regulation.
deck
an uncovered floor structure amenity area attached to the
exterior, side or rear wall of a dwelling supported by a beam
0.6m in minimum height.
developer
means a person, group, or corporation proposing a
development under this bylaw.
development
as defined in the Act.
development authority
means a development officer, municipal planning commission,
subdivision and development appeal board, or the municipal
government board, as authorized by the Act.
Development Officer
means the person appointed as a Development Officer
pursuant to this Land Use Bylaw.
development permit
means a document that is issued under this Land Use Bylaw
that authorizes a development.
discretionary use
means a use which may be compatible with other uses in the
District, for which a development permit may be issued upon
an application being made.
district
means Land Use District also referred to as zone.
district energy facility
means a facility designed to be a part of the energy supply
system used for the purposes of heating or cooling the fluids
that flows thru a multiple end users in order to provide service
efficiency instead of individual, building based heating and
cooling systems.
drive-thru restaurant
see restaurant.
dog park
means an area designed for on and off-leash dogs.
driveway
means a vehicle access route between the carriageway of a
public roadway and use on a parcel.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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dwelling,
means a self-contained building or part of a building used as a
residential accommodation complete with a kitchen,
bedroom/living room, and toilet facilities.
apartment
detached
duplex
manufactured home
modular home
multi-attached
row house
means a type of dwelling that is a residential building
consisting of at least three (3) self-contained dwelling units
within a single parcel accessed thru a common hallway.
means a type of dwelling that is a single residential dwelling
unit that is physically separated from any other building. This
type of dwelling has a minimum width of 7.3m (24 ft)
measured on its narrowest side with an eaves overhang of at
least 46cm (18 inches) measured perpendicular to the exterior
wall.
means a type of dwelling that is a structure with two (2)
dwelling units sharing a common wall and located side by side
or one above the other with a separated direct access to each
dwelling. Also referred to as semi-detached house.
means a type of dwelling that is one storey residential building
containing one dwelling unit (du) built in conformance with
CSA-Z240 MH Series at an enclosed factory or on a
manufacturing site in one or more sections to be transported
and placed onto a residential parcel. The structure is set on a
foundation where services are connected to piped municipal
series.
means a form of one storey residential building built in an
enclosed facility in conformance to CSA A277 to be transported
and placed onto a residential parcel. The structure is set on a
foundation where services are connected to piped municipal
services.
means a type of dwelling composed of more than two dwelling
units separated by a common wall, floor, or ceiling with
separate direct exterior access to each dwelling. Housing types
include, triplex, four-plex, etc.
means a type of dwelling that has a group of three or more
dwelling units, each unit separated by a common or party wall
and having a separate front and rear access to the outside
grade. This type of housing would have a backyard and may
have a detached accessory building. Also referred to as town
house.
dwelling unit
means one unit of dwelling abbreviated as du.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-6
driving range
means an open space facility used for practicing golf swings by
hitting golf balls.
eaves line
means the horizontal line that marks the intersection of the
roof and the wall of the building.
encroachment
means any obstruction or intrusion extending from a property
onto an adjoining public right-of-way or onto adjoining land.
encroachment agreement
means a written agreement between the municipality and a
property owner which establishes particular circumstances and
conditions under which a use or building on the property may
incorporate the use of adjoining land owned or controlled by
the municipality.
equipment rentals
means development used for the rental of tools, appliances,
recreation craft, office machines, furniture, light construction
equipment, or similar items.
façade
means the exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
feed mills and grain elevator
means buildings in which animals' feeds and grain are stored
during shipment to or from farms and in which animal feeds
may be prepared.
fence
means a physical barrier enclosing an area of ground to mark a
boundary, control access, or prevent escape.
fence, electric
electrified or energized fence intended to emit electrical
current to deter touch.
financial service
means the provision of service related to financial matters,
including but not limited to the deposit or lending of money,
the sale of financial investments, the provision of financial
planning services, or offering of insurance related products..
floor area
means:
a. for residential buildings, the total area of all floors in a
building measured from the outside of exterior walls but
excluding floor areas of basements, cellars, attached
garages, sheds, carports, or open perches, or
b. for commercial buildings, the total floor area of all floors in
a building measured from the outside exterior wall
including basements and cellars.
foundation
means the lower portion of a building, constructed to Alberta
Building Code, typically of concrete or masonry, which includes
footings that transfer the weight of a building to the ground.
four-plex
see dwelling, multi-attached.
freight and transportation
depot
means a facility for the storage and distribution of freight
shipped by air, rail or road transportation and includes a
facility for the parking, storage and servicing of vehicles used in
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-7
the transportation of freight or passengers for commercial
purposes.
frontage
means that portion of the parcel abutting a street.
funeral home
means a business establishment where deceased human
bodies are prepared for burial or cremation, and where funeral
services may be held.
gas bar
means development used for the retail sale of gasoline, other
petroleum products, and incidental auto accessories. It does
not include automotive or vehicle repair.
geothermal energy
means energy derived from the temperature of the earth,
below ground, that is used to produce electrical or thermal
energy.
golf course
means an area of land designed for playing golf.
government service
means a development where administrative types of services
being provided by any level of government or agency.
grade
a. for a building: the ground elevation established for the
purpose of regulating the number of storeys and building
height. The building grade shall be the level adjacent to the
walls of the building if the finished grade is level. If the
ground is not entirely level, the grade shall be determined
by averaging the elevations of the ground for each face of
the building.
b. for drainage: the ground elevation established in a lot
drainage plan attached to the application for a
development permit of the purposes of controlling the
flow of surface water on the parcel.
group home
means a building or portion of a building used for the care or
rehabilitation of no more than six (6) children, adolescents or
adults.
hard landscaping
means the use of non-vegetative material, other than
monolithic concrete, asphalt or gravel, as part of a landscaped
area.
hard surface
means the ground is covered with durable material
constructed of permeable or impermeable surface such as
asphalt, concrete, paving stone, or similar material satisfactory
to the Development Authority.
health service facility
means a development used for the provision of physical and
mental professional medical services for outpatients, including
the offices of physicians, dentists, and counselling types of
services.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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heavy equipment sales and
service
means the assembly, sales, rental, and service of any heavy
vehicles or equipment used in commercial, industrial or
agricultural activities.
home occupation, major
means the secondary use of the principal dwelling unit and/or
accessory building by a permanent resident of the dwelling
unit to conduct a business activity which does not change the
residential character of the dwelling unit and/or accessory
building, does not employ more than two (2) non-resident
employees, and does not exhibit business activity outdoor nor
storage of materials and/or equipment except for one
commercial vehicle used for an approved home occupation,
major.
home occupation, minor
means the secondary use of a principal dwelling unit by a
permanent resident of the dwelling unit to conduct a business
activity which does not change the residential character of the
dwelling, does not have any exterior evidence of such
secondary use, and does not employ any non-residents of the
dwelling unit.
hospital
means an institutional development providing medical services
to in-patients and out-patients.
hotel
means a building that provides temporary sleeping
accommodation where each room/unit has access from a
common interior corridor.
industrial use - general
means development used principally for one or more of the
following industrial and related activities that are incompatible
with residential or commercial activities due to nuisance
effects:
-
assembly
-
distribution
-
packaging
-
processing
-
manufacturing
-
maintenance on or off-site (includes cleaning,
repairing, testing of goods, products, or equipment)
-
recycling
-
rental of goods or equipment
-
training
Intermunicipal Development
Plan
means a plan adopted by Council and the Council of Red Deer
County as an Intermunicipal Development Plan pursuant to the
Act.
joint use facility
means a building or grounds developed by and for the use of
the village of Elnora and another group, organization or agency
in accordance with a formal agreement between the
participating parties.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-9
landscaped area
means an area of land made attractive and desirable by the
use of any or all of the following: grass, tree, shrubs,
ornamental plantings, fences, walls and associated earthworks;
however, it shall not include areas occupied by the garbage
containers, storage, parking lots or driveways.
Land Use District
means an area as described in Part 12 and shown in Schedule A
of this Land Use Bylaw.
land use policies
means policies established by the Lieutenant Governor in
Council pursuant to the Act.
lane
means a public thoroughfare which provides a secondary
means of access to a parcel and which is registered in a land
titles office.
length of a driveway
means measure from the property line to the closest point of
the building.
lot
see parcel.
manufactured home park
means a parcel comprehensively designed, developed,
operated and maintained to provide sites and facilities for the
placement and occupancy of a group of manufactured homes
on a rental basis.
manufactured home site
means a land rented or intended to be rented as a site for the
purpose of being occupied by a manufactured home within a
manufactured home park.
manufacturing, heavy
means the manufacture of products, the process of which
generates fumes, gases, smoke, vapor, vibration, noise, glare,
or similar nuisance effects which has a high probability of
occurring.
manufacturing, light
means the secondary use of the principal dwelling unit and/or
accessory building by a permanent resident of the dwelling
unit to conduct a business activity which does not change the
residential character of the dwelling unit and/or accessory
building, does not employ more than one (1) non-resident
concurrently, and does not exhibit outdoor activity and storage
of materials and/or equipment.
massing
means, as it refers to buildings, the combined effect of the
height, bulk, and silhouette, of a building or a group of
buildings.
mixed-use building
means a building designed for a combination of more than one
type of use to exist in a building site, including such examples
as retail commercial on the main floor, office space on second
floor, residential use on the top floor.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
13-10
motor vehicle sales and repair means development used for the maintenance and repair of
motor vehicles including but not limited to automobiles,
trucks, utility vehicles, motorcycles, snowmobiles and other
similar vehicles and the sale, installation or servicing of related
accessories and parts. This includes transmission shops,
muffler shops, tire shops, automotive glass shops and
upholstery shops.
municipality
means the Village of Elnora unless otherwise specified.
Municipal Planning
Commission
means a Municipal Planning commission established by Council
pursuant to Part 17, Division 3 of the Act.
municipal shop and storage
yard
means the facility used by the municipality for the storage of
material used in the fulfilling of various functions and the
housing and repair of its equipment.
natural environment
preservation area
means an environmentally sensitive or otherwise locally
significant area that is to be preserved because of its natural or
amenity value to the Village.
non-conforming building
as per Municipal Government Act, means a building:
a. that is lawfully constructed or lawfully under construction
at the date a land use bylaw affecting the building or land
on which the building is situated becomes effective, and
b. that on the date a land use by-law becomes effective does
not, or when constructed will not, comply with the Land
Use Bylaw.
non-conforming use
as per Municipal Government Act, 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 affecting the land or building becomes effective,
and
b. that on the date a land use bylaw becomes effective does
not, or in the case of a building under construction will not,
comply with this Land Use Bylaw.
non-renewable resource
extraction
means the mining or removal from the ground of deposits of
coal, sand, gravel, clay, and other minerals.
office
means a facility providing for the administration of business, or
government, or the provisions of professional services.
parcel
means the aggregate of one or more areas of land described in
a certificate of title or described in a certificate of title by
reference to a plan filed or registered in a land titles office.
parcel, corner
means a parcel abutting two or more streets, other than a lane
at their intersection or abutting two parts of the same street
from an interior angle of less than 135 degrees.
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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parcel coverage
means the area covered by buildings, parking facilities,
driveways, storage areas or display areas.
parcel depth
means the shortest distance between the centre point of the
front parcel boundary and the centre point of the rear parcel
boundary, or the centre point of an opposite front parcel
boundary.
parcel, interior
means a parcel abutting only one street other than a lane.
parcel, through
means a parcel that abuts two parallel streets, not including
lanes.
parcel width
means the distance between the side parcel boundaries
connecting points located at the minimum required front yard
measure along each side parcel boundary.
parking facility
means a structure or an area providing for parking of motor
vehicles.
parks and playground
means areas of public land known for their natural scenery and
for preservation for public recreation either active or passive.
permitted use
means a use which is compatible with other uses in the District
and for which a development permit shall be issued provided it
otherwise conforms with this Land Use Bylaw.
personal service
means the provision of a service to individuals on a commercial
basis, which is related to the care of appearance or well-being
of the individual, cleaning or repair of personal effects and
includes such services as photographers, travel agents, beauty
salons, and dry cleaners. It does not include drinking
establishments, insurance agencies, health services or business
which are primary retail.
place of worship
means a development owned and/or operated by a religious
organization used for worship and related religious,
philanthropic or social activities, including rectories, masses,
churches, chapels, mosques, temples, synagogues, parish halls,
convents and monasteries.
plan, statutory
refers to any one or all of the following: intermunicipal
development plan, municipal development plan, area
redevelopment plan, and area structure plan.
protective and emergency
services facility
means a public facility where the base of operation is located
to provide services such as police, fire protection, ambulance,
correctional, and other types of services.
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principal building
means a building among which, in the opinion of the
Development Authority:
a. is the primary or main building among one or more
buildings situated on the site;
b. constitutes by reason of its use, the primary purpose for
which the site is used; and/or
c. occupies the majority of the site area.
principal use
means the primary purpose, in the opinion of the
Development Authority, for which a building or parcel is used.
No more than one (1) principal use may be located upon a
parcel unless specifically permitted otherwise in this Bylaw.
public utility
means a public utility as defined in Part 17 of the Municipal
Government Act R.S.A. 2000, including the public utility
building.
public utility building
means a building in which the proprietor of a public utility:
a. maintains its offices, or
b. maintains or houses equipment used in connection with
the public utility.
railway use
means a use of land or building directly related to the building
or operation of a railroad system.
recreation and entertainment
facility
means a facility or establishment which provides for recreation
or entertainment for a gain or profit.
recreational vehicle (rv)
means a motorized vehicle or towable trailer which includes
living quarters intended for accommodation. Types of rv
include motorhome, campervans, travel trailers, camper
trailers, fifth-wheel trailers, pop-up campers, and truck
campers.
Regulation
means the Subdivision and Development Regulation, Alberta
Regulation 43/2002, as amended.
renewable energy
means non-polluting energy generation technology such as
solar, wind or geothermal.
repair shop - minor
means a shop, not exceeding 300 m2 (3,230 ft2), intended for
repairs of household appliances, furniture; electronic items:
cell phones, computers; and any other household or business
related items that does not require a use of small engine.
repair shop - major
means inclusive of repair shop-minor, and small engine repairs
that are smaller than automotive engine.
restaurant
means a business intended to sell prepared food and
beverages for consumption on or off-site including drive-thru.
retail store - general
means a store, not exceeding 300 m2 (3,230 ft2) , intended for
the general public which may sell, prepare, and/or rent goods
VILLAGE OF ELNORA LAND USE BYLAW (BYLAW NO. 2020-05)
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or equipment to consumers with no age restriction to enter
the premises due to legislation.
retail store - exclusive
-
adult
-
cannabis
-
liquor
means retail store intended to sell goods and/or services for
which minors are prohibited to enter the premises due to
legislations. The intended patrons are the people who are at
the age of majority. This store includes, but not limited to,
cannabis retail store, liquor store, adult store, etc...
means a type of retail store - exclusive that sells adult
entertainment goods.
means a type of retail store - exclusive that is licensed by the
Province of Alberta to lawfully sell cannabis and cannabis
accessories.
means a type of retail store - exclusive that is licensed by the
Province of Alberta to lawfully sells alcoholic beverages.
road
means land:
a. shown as a road on a plan of survey that has been filed or
registered in a Land Titles Office, or
b. used as a public road,
c. including bridges forming part of the public road and any
structure incidental to a public road, but does not include a
highway.
semi-detached house
see dwelling: duplex
scale
means the impression (or feel) of a building when seen in
relation to its surroundings, or the size and proportion of parts
of a building or its details, that relates to the visual and
physical experience of the pedestrian.
screen
means a fence, berm, hedge, wall or building used to separate
areas of function which detract from the appearance of the
street scene and the view from the surrounding areas.
secondary suite
means an additional dwelling unit in a residential district
located within an existing detached dwelling or within an
accessory building. If located within an accessory building may
also be referred to as garden suite or granny suite.
security/operator suite
means a secondary building, which may come in a form of a
detached dwelling, or portion of a building for on-site
accommodation for the purposes of on-site operation,
security, and caretaking of the principal use. No more than one
Security/Operator Suite may be approved on a site.
seed cleaning plant
means a building for the storage and preparation of seeds used
in agriculture.
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self-storage
see warehousing.
senior citizen housing
means housing designed specifically for, and occupied solely
by, senior citizens.
set back
means a distance additional to minimum yard requirements
which may be required on parcels adjacent to the public
roadway.
sight line triangle
means an area at the intersection of a roadway or roadways
and railways in which all buildings, fences, vegetation and
finished ground elevations shall be less than 1 m (3 ft) in height
above the average elevation of the carriageways/trails, in
order that vehicle operators may see approaching vehicles in
time to avoid collisions.
sign
where any type of sign is referred to in this Bylaw, such sign
shall have the definition set forth in Section 10.2 (Sign
Definition).
site area
means the total area of a site.
soft landscaping
means the use of vegetative material as part of the
landscaping area.
soft sided structure
means any building that is faced or finished on any portion of
the building exterior with flexible sheeting capable of being
rolled or folded.
solar energy
means energy from the sun that is converted to produce
electrical, thermal, or any other form of energy.
solar farm
means a land area intended for the collection of solar energy
using solar panels for commercial distribution.
solar panel
means a large panel containing solar cells or heat-absorbing
devices that convert the sun's radiation into energy for use,
e.g. in heating buildings, electricity.
solid waste transfer station
means a facility for the collection and temporary holding of
solid waste in a storage container.
statutory plan
means the following plans: Intermunicipal Development Plan,
Municipal Development Plan, Area Structure Plan or Area
Redevelopment Plan adopted by bylaw in accordance with the
Municipal Government Act.
storage yard
means land used for outdoor storage.
street
means any category of public roadway except a lane.
structural alterations
means any change to the roof, foundation or exterior walls of a
structure or reduces existing setback distances. For the
purposes of this Bylaw, this definition is used in determining
whether changes to buildings require a development permit.
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structure
means anything constructed or erected, the use of which
requires location on the ground, attachment to something
located on the ground, but not including pavement, curbs,
walks, open air surfaced areas, or movable vehicles.
Subdivision and Development
Appeal Board
means the board established pursuant to the Act.
temporary
means such period of time as determined by the Development
Authority.
temporary building
means a building for the purpose of construction without any
foundation, and the use or placement of which is intended to
be for periods of time that are less than twelve months. This
Includes tent (temporary garage, storage shelter, or
greenhouse) or stage. Building permit is required for area 60m2
and greater.
third-party advertising
means a sign which refers to goods, activities or services other
than those produced, offered for sale, free or obtainable at the
premises or on the site on which the sign is displayed.
town house
See dwelling: row house
use
means a building or an area of land and function and activities
therein or thereon.
veterinary clinic
see animal facility.
warehousing
means a facility for indoor storage of merchandise, household
goods, equipment, value added products and/or distribution.
wholesale
means the sale of goods in large quantities, as for resale by a
retailer.
wind energy
means energy from the wind that is converted to produce
electrical energy.
wind energy conversion system means a system of materials in place designed to harness wind
energy and convert it to electricity.
wind farm
means a land area intended for the collection of wind energy
using wind energy conversion systems for commercial
distribution.
yard
means an open space on the same site as a principal building
and which is unoccupied and unobstructed from the ground
upward except as otherwise provided herein.
yard, front
means that portion of the site extending across the full width
of the site from the front property boundary to the front
exterior wall of the principal building.
yard, rear
means that portion of the site extending across the full width
of the site from the rear property boundary to the rear exterior
wall of the principal building.
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yard, side
means that portion of the site extending across the full length
of the site from the side property boundary between the front
yard and the rear yard to the exterior wall of the principal
building.
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PART 14
SCHEDULE A - LAND USE DISTRICT MAP
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PART 15
SCHEDULE B - ENFORCEMENT FINES
PENALTIES FOR OFFENCES UNDER THE LAND USE BYLAW
Offence
First Offence
Second Offence
Third or Subsequent
Offence
Displaying a sign
without a
development permit
$500
$1000
$10,000
Displaying a sign in
contravention of this
Bylaw
$500
$1000
$10,000
Displaying a sign in
contravention of the
conditions of a
development permit
$500
$1000
$10,000
Commence
development without
a development
permit
$500
$1000
$10,000
Breach of restrictions
on objects prohibited
or restricted in yards
$150
$250
$1,000
Accessory building in
contravention of this
Bylaw
$150
$250
$1,000
Item
Authorized Charge
Impounding of signs
$100 / sign
Storage of signs: less than or equal to 1.5m2
$3.00 / sign / day
Storage of signs: greater than 1.5m2
$5.00 / sign / day