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Foothills County
FOOTHILLS COUNTY
LAND USE BYLAW
OFFICE CONSOLIDATION
Note: Land Use Bylaw No. 60/2014 was adopted by the Foothills County Council on December 17,
2014, and became effective on that date. It replaced Land Use Bylaw No. 1/99 which was
simultaneously rescinded on that date. This Bylaw is subject to change by Council. A current
listing of any and all amendments can be obtained from the County office.
This document has been consolidated for convenience only. The official Bylaw and amendments
thereto, available from the Municipal Office, should be consulted for all purposes of interpretation
and application.
Questions concerning the interpretation and application of this Bylaw should be directed to the
Planning Department of the Foothills County.
Bylaws for Text Amendments:
-
April 1, 2015 - Bylaw 19/2015 Land Use Bylaw text amendments
-
April 1, 2015 -Bylaw 20/2015 Amendments to Business Park District
-
June 24, 2015 - Bylaw 59/2015 Direct Control District #29 Riding Arenas
-
June 24, 2015 -Bylaw 60/2015 Land Use Bylaw text amendments
-
July 13, 2016 - Bylaw 44/2016 Land Use Bylaw text amendments
-
July 13, 2016 - Bylaw 45/2016 Federal/Provincial Jurisdiction District
-
July 13, 2016 - Bylaw 46/2016 Municipal Land/Reserve District
-
July 13, 2016 - Bylaw 47/2016 Black Diamond Industrial Rural District
-
November 2, 2016 - Bylaw 62/2016 - Adoption of Amendments for Solar Power
-
November 2, 2016 -Bylaw 69/2016 Direct Control District #32 - Ag Societies
-
September 27, 2017-Bylaw 78/2017-Repeal Bylaw 43/2012 Direct Control #28 Wind Walk
-
September 27, 2017 - Bylaw 79/2017 -Land Use Bylaw Amendments
-
April 11, 2018 - Bylaw 12/2018 -Land Use Bylaw Amendments
-
October 17, 2018 - Bylaw 38/2018 -DC#28 - Waste Management Facilities
-
April 10, 2019 - Bylaw 20/2019 -Amendments to Direct Control District #8
-
April 17, 2019 - Bylaw 8/2019 -Amendments to allow for Secondary Suites
-
June 5, 2019 - Bylaw 9/2019 -Signage Amendments
-
June 26, 2019 - Bylaw 43/2019 -Land Use Bylaw Amendments
-
February 12, 2020 - Bylaw 07/2020 -Low Intensity Industry District
-
March 11, 2020 - Bylaw 12/2020 -Direct Control District #36 Equine Veterinary/Rehabilitation
-
March 25, 2020 - Bylaw 63/2019 - Direct Control District#1 Amendment Spruce Meadows
-
June 10, 2020 - Bylaw 32/2020 -Land Use Bylaw Amendments
-
June 23, 2021 - Bylaw 46/2021 -Land Use Bylaw Amendments
-
January 26, 2022 - Bylaw 03/2022 -Land Use Bylaw Amendments
-
January 26, 2022 - Bylaw 04/2022 - Repealed Bylaw 47.2005 for Direct Control District #15
-
January 26, 2022 - Bylaw 05/2022 - Repealed Bylaw 81/2009 for Direct Control District #21
-
November 16, 2022 - Bylaw 44/2022 - Repealed Bylaw 871 for Direct Control District #2
-
November 16, 2022 - Bylaw 45/2022 -Land Use Bylaw Amendments
-
June 28, 2023 - Bylaw 23/2023 -Land Use Bylaw Amendments - Solar Power
-
December 6, 2023 - Bylaw 67/2023 - Adoption of :Land Use Bylaw Amendments - Cannabis
-
January 31, 2024 - Bylaw 68/2023 Land Use Bylaw Amendments - Secondary Suites
-
May 29, 2024 - Bylaw 14/2024 -Land Use Bylaw Amendments - Airport Amendments
-
July 3, 2024 - Bylaw 40/2024 - Land Use Bylaw Amendments (General)
Foothills County Land Use Bylaw |
-
February 26, 2025
-
Bylaw 06/2025
-
Addition of
Data Centre Campus
definition
-
February 26, 2025
-
Bylaw 07/2025
-
Exceptions under Business Park District
pertaining to
Data Centre Campus
on
Ptn. NE 09 and SE 09-19-28-W4.
-
July 2, 2025
-
Bylaw 45/2025
-
Amendments
to definitions
pertaining to
Anaerobic Digester
Facilities.
-
July 2, 2025
-
Bylaw 47/2025
-
Land Use Bylaw Amendments
allowing exception under
General Industry District for setbacks to Highway 2A for Lots 1
-
13, Plan 9812255
(Abild's)
-
September 10, 2025
-
Bylaw
53/2025
-
Land Use Bylaw Amendments
amending the definition
of Public Works.
-
December
3, 2025
-
Bylaw
68/2025
-
Land Use Bylaw Amendments
-
Data Processing
Facilities.
(Updated
June 3, 2026)
User Guide
The following "User Guide" is intended for information only and does not form part of the Foothills County
Land Use Bylaw:
Throughout the Land Use Bylaw, other text is included in colored highlighted boxes or italicized text
highlighted. This text is intended for information only and does not form part of the Foothills County Land
Use Bylaw. It has been provided for information purposes or is addressed in another area of the Land Use
Bylaw and has been duplicated in a second location for ease of use by the public.
The Land Use Bylaw establishes provisions for the use of land and buildings in the Foothills County. It
regulates the type, location and intensity of land use and buildings, and also outlines the process for land
use bylaw amendments or redesignation of lands and for applying for permits to develop property.
The Land Uses Bylaw reflects the County's regulation and policy, including the Municipal Development
Plan 2010 as adopted by Bylaw No. 78/2010 and amended by Bylaw 52/2016. Other Bylaws, regulations
and Acts of the County and governments of Alberta and Canada must also be observed. These are
referenced in the Land Use Bylaw where possible, but it is up to the individual to ensure that relevant laws
are complied with.
As a reference document, the Land Use Bylaw's Table of Contents is an important index. The Bylaw is
organized in six (6) parts which group sections with related information. The six (6)) parts are as follows:
PART 1: ADMINISTRATION contains basic information on the legal framework of the Bylaw, this guide
on how to use the Bylaw, the definition of important terms, which include all the uses regulated by the
Land Use Bylaw, as well as information on how to interpret the provisions of Bylaw.
PART 2: PLANNING & DEVELOPMENT APPLICATIONS provides information on the County's procedures
related to redesignation, subdivision and development applications, and amendment processes.
PART 3: ENFORCEMENT AND APPEALS contains information on enforcement of the Land Use Bylaw
and the development appeal process.
PART 4: RULES GOVERNING ALL DISTRICTS contains provisions for all uses and development types
that apply in the land use districts. These provisions generally supplement those in PART 5 and are
generally cross referenced.
PART 5: OVERLAY DISTRICTS contains Overlay District Maps and general standards that apply to the
area in addition to the land use districts.
PART 6: LAND USE DISTRICTS contains Land Use District Maps and permitted and discretionary uses
and general subdivision and development standards for each district.
ADDITIONAL INFORMATION:
-
LAND USE MAPS: contain land use maps for each township and range of the County to identify
the particular zoning on all parcels.
-
AMENDING BYLAWS: contains a list of bylaw amendments including text amendments,
change in use, amendments under current land uses, and redesignation of land uses.
-
APPENDIX: contains policies and guidelines approved by the County that are referenced in
conjunction with provisions of this bylaw.
Along with this Land Use Bylaw, other documents, policies and procedures and guidelines approved by the
County should be considered. Many of these documents have been referenced in the Land Use Bylaw and
are available on the Municipal website.
Foothills County Land Use Bylaw |
Using the Land Use Bylaw to Determine Zoning and Regulations for a Specific Parcel:
1. To determine regulations applicable to a specific parcel, you must first find the parcel on the official
Land Use District Maps. The appropriate map will show the land use district that applies to the parcel.
2. Look up the corresponding regulations. Start with the Land Use Districts (PART 6). The land use district
identifies what uses are permitted or discretionary and contains most standards that apply. These
development regulations can help guide the preparation of a subdivision and/or development plan.
3. Check to see if the subject parcel is located within an overlay district (PART 5). The overlay districts
identify standards that apply in addition to the land use district already applied to the lands. Both the
regular land use provisions as well as the overlay provisions apply where an overlay district is in place.
4. Some uses and types of development have specific regulations contained in Part 4. It is a good idea
to check other land use districts in PART 6 to confirm if any other land use districts apply to your
situation. In some cases, the proposed use or development may require a land use amendment to
allow for the use on your property or the use or development may be more appropriate under another
land use district therefore requiring a redesignation.
5. Refer to PART 1 and PART 2 for additional information on how to apply the regulations to a specific
parcel, how to apply for the necessary amendments or Development Permits.
6. Discuss your proposed land use or development with staff from the Municipal Planning and
Development Department.
If you require assistance with the provisions or processes contained in the Land Use Bylaw, please call, or
visit County's Planning & Development Department. The official and most recent version of the Land Use
Bylaw and amendments is located at the Municipal office and on the municipal website at
mdfoothills.com.
Table of Contents
part 1
Administration 5
Section 1
Enactment ........................................................................................................... 5
1.1
Title
.......................................................................................................................5
1.2
Purpose
.......................................................................................................................5
1.3
Effective Date
.......................................................................................................................5
1.4
Scope
.......................................................................................................................5
1.5
Applications In Process .................................................................................................................6
1.6
Compliance With Law....................................................................................................................6
1.7
Compliance With Other Legislation ..............................................................................................6
1.8
Non-Conformity
.......................................................................................................................7
1.9
Severability
.......................................................................................................................7
Section 2
Interpretations ..................................................................................................... 8
2.1
Rules Of Interpretation .................................................................................................................8
2.2
Establishment Of Districts ............................................................................................................9
2.3
District Boundaries .................................................................................................................... 10
2.4
Special Provisions For Parcels With Sub-Districts .................................................................... 11
2.5
Definitions
.................................................................................................................... 11
Section 3
Approving Authorities ......................................................................................... 44
3.1
Development Authority .............................................................................................................. 44
3.2
Subdivision Approving Authority ................................................................................................ 45
3.3
Subdivision And Development Appeal Board ........................................................................... 45
Part 2
Planning & Development Applications ................................................. 46
Section 4
Application Requirements For Development Permit And
Letters Of Compliance ....................................................................................... 46
4.1
Development Permit Required .................................................................................................. 46
4.2
No Development Permit Required............................................................................................. 46
4.3
Development Permit Application Requirements ....................................................................... 58
4.4
Supplementary Requirements ................................................................................................... 59
4.5
Community Consultation Processes .......................................................................................... 60
4.6
Pre-Application Meetings And Formal Review .......................................................................... 60
4.7
Temporary Use Approvals .......................................................................................................... 61
4.8
Letter Of Compliance ................................................................................................................. 61
Section 5
Development Permit Approval Process ............................................................... 64
5.1
Notice Of Complete Application ................................................................................................. 64
5.2
Development Referral Process .................................................................................................. 65
5.3
Decision On Development Permit Applications ........................................................................ 65
5.4
Conditions
.................................................................................................................... 66
5.5
Discretion
.................................................................................................................... 67
5.6
Variances
.................................................................................................................... 68
5.7
Notice Of Decision .................................................................................................................... 70
5.8
Permit Issuance And Validity ..................................................................................................... 71
5.9
Permit Cancellation And Suspension ........................................................................................ 71
5.10 Expiry Of Development Permits ................................................................................................. 71
5.11 Re-Application
.................................................................................................................... 72
5.12 Forms, Notices, And Fees .......................................................................................................... 72
Section 6
Amendments To The Land Use Bylaw, Redesignations, And
Area Structure Plans .......................................................................................... 73
6.1
Procedures For Amendments .................................................................................................... 73
6.2
Amendment Application Requirements .................................................................................... 73
6.3
Supplementary Requirements For An Amendment Application ............................................... 74
6.4
Community Consultation Processes .......................................................................................... 74
6.5
Pre-Application Meetings And Formal Review .......................................................................... 75
6.6
Notice Of Complete Application ................................................................................................. 76
6.7
Circulation And Referral Process ............................................................................................... 76
6.8
Amendment Review ................................................................................................................... 77
6.9
Advertising Requirements.......................................................................................................... 77
6.10 Public Hearing
.................................................................................................................... 77
6.11 Decision On Amendments ......................................................................................................... 78
6.12 Resubmission Interval ............................................................................................................... 78
Part 3
Enforcement And Appeals ................................................................... 79
Section 7
Enforcement ...................................................................................................... 79
7.1
General Provisions .................................................................................................................... 79
7.2
Prohibitions
.................................................................................................................... 79
7.3
Cancellation Or Suspension Of Development Permit ............................................................... 79
7.4
Right Of Entry To Property .......................................................................................................... 80
7.5
Written Warning
.................................................................................................................... 80
7.6
Stop Orders
.................................................................................................................... 80
7.7
Service Of Stop Orders ............................................................................................................... 80
7.8
Orders
.................................................................................................................... 81
7.9
Appeal Of Stop Orders ............................................................................................................... 81
7.10 Remedial Orders .................................................................................................................... 82
7.11 Service Of Remedial Orders....................................................................................................... 82
7.12 Enforcement Of Remedial Orders ............................................................................................. 82
7.13 Order To Remedy Dangers And Unsightly Property................................................................... 83
7.14 Service Of Order To Remedy ...................................................................................................... 83
7.15 Enforcement Of Order To Remedy ............................................................................................. 83
7.16 Appeal Of Order To Remedy....................................................................................................... 84
7.17 Emergencies
.................................................................................................................... 84
7.18 Offences And Specified Penalties ............................................................................................. 84
7.19 Violation Tickets
.................................................................................................................... 85
7.20 General Penalty
.................................................................................................................... 85
7.21 Compliance Order .................................................................................................................... 85
Section 8
Appeals ............................................................................................................. 86
8.1
Development Appeals ................................................................................................................ 86
8.2
Subdivision Appeals ................................................................................................................... 87
8.3
Court Of Appeal
.................................................................................................................... 88
8.4
Appeal Of Stop Orders ............................................................................................................... 88
Part 4
Rules Governing All Districts ................................................................ 89
Section 9
General Regulations .......................................................................................... 89
9.1
Access To Property: .................................................................................................................... 89
9.2
Accessory Buildings And Uses ................................................................................................... 90
9.3
Appearance Of Properties .......................................................................................................... 91
9.4
Boundary Adjustments ............................................................................................................... 91
9.5
Condominium Development ...................................................................................................... 91
9.6
Density And Parcel Size Exemptions ......................................................................................... 92
9.7
Density Bonus
.................................................................................................................... 92
9.8
Developable Area For Parcels ................................................................................................... 93
9.9
Development Adjacent To Public Roadways ............................................................................. 93
9.10 Environmentally Significant Areas ............................................................................................. 94
9.11 Height And Grade .................................................................................................................... 94
9.12 Keeping Of Dogs
.................................................................................................................... 95
9.13 Land Subject To Flooding .......................................................................................................... 95
9.14 Landscaping, Fencing, And Screening ...................................................................................... 96
9.15 Lighting
.................................................................................................................... 97
9.16 Lot Dimensions
.................................................................................................................... 98
9.17 Lot Grading And Drainage .......................................................................................................... 98
9.18 Man Made Water Bodies ......................................................................................................... 100
9.19 Parking And Loading Facilities................................................................................................. 101
9.20 Public Acquisition Of Lands ..................................................................................................... 108
9.21 Relocation Of Structures .......................................................................................................... 108
9.22 Road Allowances, Road Plans, And Railways.......................................................................... 109
9.23 Services And Utilities................................................................................................................ 109
9.24 Signage
.................................................................................................................. 111
9.25 Site Reclamation .................................................................................................................. 114
9.26 Special Events
.................................................................................................................. 114
9.27 Special Setback Requirements ............................................................................................... 115
9.28 Use And Enjoyment Of Property ............................................................................................... 118
9.29 Mobile Sales Vehicles .............................................................................................................. 118
9.30 Multiple Potential Use Development Permits And Change In Use Or Intensity Permits ....... 119
9.31 Development Near The Foothills Regional Airport .................................................................. 120
Section 10
Specific Use Regulations .................................................................................. 120
10.1 Agricultural Uses And Livestock Regulations .......................................................................... 120
10.2 Amateur Radio Antennas ......................................................................................................... 124
10.3 Riding Arenas
.................................................................................................................. 124
10.4 Bed And Breakfasts ................................................................................................................. 127
10.5 Animal Boarding Services ........................................................................................................ 127
10.6 Campgrounds
.................................................................................................................. 127
10.7 Child Care Facilities / Family Day Homes ............................................................................... 129
10.8 Composting Activity .................................................................................................................. 129
10.9 Confined Feeding Operations .................................................................................................. 129
10.10 Dwellings
.................................................................................................................. 130
10.11 Golf Courses And/Or Driving Range ........................................................................................ 135
10.12 Home Based Businesses ......................................................................................................... 136
10.13 Kennels
.................................................................................................................. 140
10.14 Manufactured Home Park ....................................................................................................... 141
10.15 Cannabis
.................................................................................................................. 142
10.16 Commercial Storage Facilities ................................................................................................. 145
10.17 Natural Resource Extraction And Processing ......................................................................... 146
10.18 Recreation Vehicle Storage ..................................................................................................... 146
10.19 Religious Assembly .................................................................................................................. 147
10.20 Retaining Walls
.................................................................................................................. 148
10.21 Satellite Dish, Personal ............................................................................................................ 148
10.22 Solar Power Systems ............................................................................................................... 148
10.23 Telecommunications Towers ................................................................................................... 152
10.24 Wind Energy Conversion System, Personal ............................................................................ 153
10.25 Tourist Homes
.................................................................................................................. 153
10.26 Secondary Suites .................................................................................................................. 154
10.27 Backyard Hens
.................................................................................................................. 159
10.28 Abattoirs
.................................................................................................................. 160
10.29 Data Processing Facility ........................................................................................................... 161
Foothills County Land Use Bylaw |
PART 5 OVERLAY DISTRICTS .......................................................................... 160
SECTION 11 OVERLAY DISTRICTS ......................................................................................... 160
11.1
2013 FLOOD Hazard Protection OVERLAY ................................................................ 160
MAP A - LANDS IMPACTED BY 2013 FLOOD EVENT ............................................................... 163
11.2
Airport Protection Overlay .......................................................................................... 164
LAND USE DISTRICTS ........................................................................ 170
SECTION 12 AGRICUTURAL DISTRICTS .................................................................................. 170
12.1
Agricultural District .................................................................................................... 170
12.2
Agricultural Business District .................................................................................... 174
SECTION 13 RESIDENTIAL DISTRICTS ................................................................................... 178
13.1
Country Residential District ....................................................................................... 178
13.2
Cluster Residential District ........................................................................................ 182
13.3
Country Estate Residential District ............................................................................ 185
13.4
Residential Community District ................................................................................. 189
13.5
Residential Multi-Family District ................................................................................ 195
13.6
Residential Manufactured Home District .................................................................. 198
SECTION 14 COMMERCIAL DISTRICTS .................................................................................. 203
14.1
Business Park District ............................................................................................... 203
14.2
Community Commercial District ................................................................................ 207
14.3
Highway Commercial District..................................................................................... 211
14.4
Rural Business District .............................................................................................. 214
SECTION 15 INDUSTRIAL DISTRICTS ..................................................................................... 217
15.1
Hamlet Industry District ............................................................................................. 217
15.2
General Industry District............................................................................................ 221
15.3
Industrial Edge District .............................................................................................. 226
15.4
Natural Resource Extraction District ......................................................................... 230
15.5
Low Intensity Industry District ................................................................................... 233
SECTION 16 PARKS AND RECREATION DISTRICTS ................................................................. 238
16.1
Recreation District ..................................................................................................... 238
16.2
Open Space District ................................................................................................... 242
16.3
Environmental Protection District ............................................................................. 245
SECTION 17 SERVICE AND UTILITY DISTRICTS ....................................................................... 248
17.1
Service District .......................................................................................................... 248
17.2
Public Utility District .................................................................................................. 251
17.3
Federal/Provincial Jurisdiction District ..................................................................... 253
17.4
Municipal Land/Reserve District ............................................................................... 254
Foothills County Land Use Bylaw |
SECTION 18 DIRECT CONTROL DISTRICT .............................................................................. 257
18.1
Direct Control District #1 (DC1)................................................................................. 257
18.2
Direct Control District #2 (DC2)................................................................................. 262
18.3
Direct Control District #3 (DC3)................................................................................. 263
18.4
Direct Control District #4 (DC4)................................................................................. 267
18.5
Direct Control District #5 (DC5)................................................................................. 268
18.6
Direct Control District #6 (DC6)................................................................................. 276
18.7
Direct Control District #7 (DC7)................................................................................. 278
18.8
Direct Control District #8 (DC8)................................................................................. 279
18.9
Direct Control District #9 (DC9)................................................................................. 282
18.10
Direct Control District #10 (DC10) ............................................................................ 284
18.11
Direct Control District #11 (DC11) ............................................................................ 290
18.12
Direct Control District #12 (DC12) ............................................................................ 292
18.13
Direct Control District #13 (DC13) ............................................................................ 293
18.14
Direct Control District #14 (DC14) ............................................................................ 295
18.15
Direct Control District #15 ........................................................................................ 298
18.16
Direct Control District #16 (DC16) ............................................................................ 299
18.17
Direct Control District #17 (DC17) ............................................................................ 300
18.18
Direct Control District #18 (DC18) ............................................................................ 303
18.19
Direct Control District #19 (DC 19) ........................................................................... 305
18.20
Direct Control District #20 (DC 20) ........................................................................... 307
18.21
Direct Control District #21 (DC 21) ........................................................................... 309
18.22
Direct Control District #22 (DC 22) ........................................................................... 310
18.23
Direct Control District #23 (DC 23) ........................................................................... 312
18.24
Direct Control District #24 (DC 24) ........................................................................... 314
18.25
Direct Control District #25 (DC 25) ........................................................................... 316
18.26
Direct Control District #26 (DC 26) ........................................................................... 317
18.27
Direct Control District #27 (DC 27) ........................................................................... 321
18.28
Direct Control District #28 (DC 28) ........................................................................... 326
18.29
Direct Control District #29 (DC 29) ........................................................................... 331
18.30
Direct Control District #30 (DC 30) ........................................................................... 337
18.31
Direct Control District #31 (DC 31) ........................................................................... 342
18.32
Direct Control District #32 (DC 32) ........................................................................... 346
18.33
Direct Control District #33 (DC 33) ........................................................................... 353
18.34
Direct Control District #34 (DC34) ............................................................................ 359
18.35
Direct Control District #35 (DC 35) ........................................................................... 364
18.36
Direct Control District #36 (DC#36) .......................................................................... 369
Foothills County Land Use Bylaw |
PART 7 - LAND USE MAPS ............................................................................ 374
PART 8 - BYLAW AMENDMENTS ................................................................... 375
Foothills County Land Use Bylaw |
5 | P a g e
PART 1 ADMINISTRATION
SECTION 1 ENACTMENT
1.1
TITLE
1.1.1
This Bylaw may be cited as "The Foothills County Land Use Bylaw".
1.2
PURPOSE
1.2.1
The purpose of this Bylaw is to facilitate the orderly, economical, and beneficial
development and use of land and buildings within the Foothills County. Specifically,
the Bylaw:
a. Assigns the Foothills County land use districts.
b. Regulates and prescribes the purpose for which lands designated under
applicable districts may be used.
c. Establishes the roles of the Approving Authority.
d. Establishes the methods by which decisions will be made on applications over
which the Foothills County has Approving Authority.
e. Provides the manner in which notice of decisions on Development Permits is
given.
1.2.2
The Bylaw shall be applied in a manner that serves to implement statutory plans
which have been adopted by the County.
1.2.3
This Bylaw shall be used in conjunction with the Guidelines, Standards, Policies,
and Procedures as adopted and amended by Council from time to time.
1.3
EFFECTIVE DATE
1.3.1
This Bylaw comes into effect at such time as it has received third (3rd) reading and
has been signed in accordance with the Act.
1.4
SCOPE
1.4.1
No development shall be carried out within the boundaries of the Foothills County
except in conformity with the provisions of this Bylaw.
PREAMBLE
This section of the Land Use Bylaw establishes the purpose of the Bylaw and its effective date.
This section also establishes compliance requirements with respect to this bylaw and with
other applicable legislation.
Note: The text contained within this box does not form a part of the Land Use Bylaw and is only
provided as context for the reader.
Foothills County Land Use Bylaw |
6 | P a g e
1.5
APPLICATIONS IN PROCESS
1.5.1
All redesignation, subdivision and development applications received in a complete
form prior to the effective date of this Bylaw shall be processed and considered
based on the provisions in effect consistent with Bylaw No. 1/99 unless prior to a
decision being made on the application, the County receives a duly signed amended
application requesting that said subdivision, redesignation, or development
application be processed and considered based on the provisions of this Bylaw.
1.5.2
All redesignation, subdivision, or development applications received on or after the
effective date of this Bylaw (December 17, 2014) shall be processed and
considered upon the provisions of this Bylaw and applicable statutory plans.
1.6
COMPLIANCE WITH LAW
1.6.1
Except as otherwise provided for in sub-section 4.2.1 and each Land Use District,
no development shall be commenced unless a Development Permit application has
been approved, a Development Permit issued, and the development is in
accordance with the terms and conditions of a Development Permit issued
pursuant to this Bylaw.
1.6.2
A Development Permit issued pursuant to this Bylaw is not a Building Permit, and
notwithstanding that plans and specifications for buildings may have been
submitted as part of an application for Development Permit, work or construction
shall neither commence nor proceed until a Building Permit has been issued
pursuant to applicable statutes, bylaws, and regulations.
1.6.3
When a Development Permit application is approved with conditions, all "prior to"
conditions must be satisfied prior to advancing the issuance of the Development
Permit.
1.6.4
All developments designated as "not requiring a Development Permit" shall comply
with all provisions set forth in the Bylaw and other statutes.
1.6.5
For those developments requiring approval by any other organization, including but
not limited to the NRCB, AER, AUC, or any other body or organizations having
jurisdiction, the approval of such organizations shall be provided to the Approving
Authority prior to a decision being made by the Approving Authority.
1.6.6
Development Permit and other applicable planning fees required by this Bylaw shall
be established by resolution of Council of the Foothills County and are referenced
as "Planning Service Fees".
1.7
COMPLIANCE WITH OTHER LEGISLATION
1.7.1
A person applying for, or in possession of, a valid Development Permit is not relieved
from the responsibility of ascertaining and complying with or carrying out
development in accordance with:
a. The requirements of any statutory plan.
b. The requirements of the Safety Codes Act, R.S.A. 2000 Chapter S-1, and
subsequent updated versions of this regulation, together with all regulation
passed thereunder.
c. The requirements of any other appropriate Municipal, Provincial or Federal
statutes or regulations.
d. The conditions of any caveat, covenant, easement, or other instrument affecting
a building or land; and
Foothills County Land Use Bylaw |
7 | P a g e
e. The requirements of other applicable municipal bylaws, policies, and
procedures, as adopted by the County from time to time.
1.8
NON-CONFORMITY
1.8.1
Non-conforming buildings and non-conforming uses shall be dealt with in
accordance with Section 643 of the Act and this Bylaw.
1.8.2
If a Development Permit has been issued on or before the day on which a land use
bylaw or land use bylaw amendment comes into force in the County and the bylaw
would make the development in respect of which the permit was issued a non-
conforming use or non-conforming building, the Development Permit continues in
effect in spite of the coming into force of the bylaw.
1.8.3
If a building was unlawfully constructed or a use unlawfully conducted on a site prior
to the date the land use bylaw becomes effective, the building or use will remain an
illegal building or use rather than non-conforming.
1.8.4
A non-conforming use of land or a building may be continued but if that use is
discontinued for a period of 6 consecutive months or more, any future use of the
land or building must conform with the land use bylaw then in effect.
1.8.5
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 unless it is
brought into conformance with this bylaw.
1.8.6
A non-conforming use of part of a lot may not be extended or transferred in whole
or in part to any other part of the lot and no additional buildings may be constructed
on the lot while the non-conforming use continues.
1.8.7
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 Approving Authority considers it
necessary; or
c. In accordance with this bylaw insofar as this Bylaw provides variance powers to
the Approving Authority for the purpose of this section.
1.8.8
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 the land use bylaw.
1.8.9
The land use or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
1.9
SEVERABILITY
1.9.1
If any part of this Bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
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SECTION 2 INTERPRETATIONS
2.1
RULES OF INTERPRETATION
2.1.1
Compliance with the provisions in this Bylaw shall be interpreted and applied as
follows:
a. "SHALL" is a directive term that indicates that the actions outlined are
mandatory and therefore must be complied with, without discretion.
b. "SHOULD" is a term that provides direction to strive to achieve the outlined
action but is not mandatory. When the provision is directed to the developer,
the onus is on the applicant to justify why the desired action/result is not
proposed and/or will not be achieved.
c. "MAY" is a discretionary term, providing notification that the provision in
question can be enforced if the County chooses to do so, and is usually
dependent on the particular circumstances of the specific parcel and
application.
d. "PERMITTED USE" means the use of land, a building, or buildings provided for
in this Bylaw that must comply with all provisions of the Land Use Bylaw unless
a variance is provided. The Approving Authority must issue a Development
Permit with or without conditions as provided for in this Bylaw for a permitted
use. All permitted uses require the issuance of a Development Permit, unless
identified as "Development Permit not required" or exempt under this Bylaw.
e. "DISCRETIONARY USE" means the use of land, or a building provided for in this
Bylaw for which the Approving Authority may issue a Development Permit with
or without conditions as provided for in this Bylaw;"
f. "EXEMPT" means development that does not require a Development Permit if
it meets all provisions of this Bylaw.
2.1.2
Where a provision involves two (2) or more conditions, regulations or events
connected by a conjunction, the following shall apply:
a. "And" means all the connected items shall apply in combination.
b. "Or" indicates that the connected items may apply singly or in combination; and
c. "Either-or" indicates the items shall apply singly but not in combination.
2.1.3
Words used in the singular include the plural and vice-versa.
2.1.4
When a word is used in the masculine it will refer to either gender.
2.1.5
All measurements in this Bylaw are metric. In the case of any conflict between
information expressed in metric units and in imperial units, the metric shall govern.
PREAMBLE
This section outlines the general procedures pertaining to the establishment of land use districts
and the general rules of interpretation of this Bylaw. The definitions form an important part of the
Land Use Bylaw by lending clarity to the interpretation of uses and other terms used in this Bylaw.
Note: The text contained within this box does not form a part of the Land Use Bylaw and is only
provided as context for the reader.
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2.1.6
In the case of any conflict between a number written in numerals and a number
written in letters, the number written in numerals shall govern.
2.1.7
In the case of any conflict between the text of this Bylaw and any maps or drawings
used to illustrate any aspect of this Bylaw, the text shall govern.
2.1.8
Words, phrases, and terms not defined in this section may be given their definition
in the Safety Codes Act. Other words shall be given their usual and customary
meaning.
2.1.9
Where reference is made to other legislation or documents, this refers to the
legislation and documents as may be amended from time to time.
2.2
ESTABLISHMENT OF DISTRICTS
2.2.1
An Overlay district and the associated district provisions are established for the
County in accordance with Part 5 of this Bylaw.
2.2.2
Land use district and the associated district provisions are established for the
County in accordance with Part 6 of this Bylaw.
2.2.3
The Land Use District Map constitutes Part 7 of this Bylaw. It divides the County into
districts and specifies the district provisions applying to particular lands.
2.2.4
Provisions, as listed in Part 4, comprising all general and specific development
regulations, shall govern any permitted and discretionary uses listed in a land use
district.
2.2.5
For the purpose of this Bylaw the County is divided in the following Districts:
OVERLAY DISTRICT
ABREVIATION
Flood Hazard Protection Overlay
FHP
Airport Protection Overlay
APP
LAND USE DISTRICT
ABBREVIATION
Agricultural
A
Agricultural Business
AB
Country Residential
CR
Cluster Residential
CLR
Country Estate Residential
CER
Residential Community
RC
Residential Multi-Family
RMF
Residential Manufactured Home
RMH
Business Park
BP
Community Commercial
CMC
Highway Commercial
HC
Rural Business
RB
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LAND USE DISTRICT
ABBREVIATION
Hamlet Industry
HMI
General Industry
GI
Industrial Edge
IE
Natural Resource Extraction
INR
Low Intensity District
LID
Recreation
REC
Open Space
OS
Environmental Protection
EP
Service District
SD
Public Utility
PUL
Federal/Provincial Jurisdiction District
FPJ
Municipal land/Reserve District
MLR
Direct Control Districts
DC
2.3
DISTRICT BOUNDARIES
2.3.1
The boundaries on the Land Use Maps shall be interpreted as follows:
a. Where a boundary is shown as approximately following the municipal boundary,
it follows the Municipal boundary.
b. Where a boundary is shown as approximately following the edge or shorelines
of any river, lake, creek, or other water body, it follows the edge or shoreline. In
the event of a change in the location of said edge or shoreline, it moves with the
same as per the Public Lands Act.
c. Where a boundary is shown as approximately following a parcel line, it follows
the parcel line.
d. Where land use districts have been established in accordance with a proposed
subdivision of land, the districts shall be understood to conform to the
certificate of title or the plan of survey when registered in a land title office. Upon
registration, the district boundary shall be adjusted in accordance with the plan
of survey or descriptive plan.
2.3.2
For circumstances not covered above, the location of the boundary shall be
determined by any dimensions set out in this Bylaw and by measurements of the
Land Use District Maps. The district provisions of this Bylaw do not apply to
roadways.
2.3.3
Notwithstanding sub-section 2.3.2, when a roadway loses its designation through a
road closure bylaw, the roadway lands shall have the same land use designation as
the most restrictive district applicable to abutting lands, except when, immediately
following road closure, the closed roadway is consolidated with an adjoining parcel,
in which case that adjoining parcel's land use designation applies to affected
portions -of the roadway.
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2.4
SPECIAL PROVISIONS FOR PARCELS WITH SUB-DISTRICTS
2.4.1
Parcels within all land use districts may be further designated with a sub-district "A"
in cases where Council feels that there is need for special consideration to be given
on the development and construction on the lands including, but not limited to, the
construction and placement of dwellings, accessory buildings, and structures,
development of access, or any other lot grading that may impede drainage, through
approval of a Development Permit prior to a Building Permit for reasons including
but not limited to compliance with the following requirements:
a. Lot grading and building envelope.
b. Site coverage and setback.
c. Storm water management.
d. Access design and construction.
e. Location of a floodway.
f. Landscaping and screening requirements.
g. Water and wastewater utility systems.
h. Engineering requirements such as foundation design.
i.
Preservation of environmental and landscaping features.
j.
Other such reasons as deemed appropriate by Council.
2.4.2
When a sub-district "A" designation is placed on a land use district parcel, a
Development Permit approval is required prior to a Building Permit for all
development, lot grading, and/or placement and construction of buildings or
structures on site. Upon land use designation, the Approving Authority shall
indicate the nature of the special consideration required to assist with Development
Approval.
2.5
DEFINITIONS
2.5.1
Words and expressions used in this Bylaw (but not defined herein) that are defined
in Part 17 of the Act have the meaning given to them in Part 17 of the Municipal
Government Act so far as the context in which such words and expressions are used
in this Bylaw will permit.
A
ABATTOIR:
ABATTOIR, PERSONAL USE means a premise where a landowner or tenant slaughters and/or
processes their own animals for purposes of consumption for themselves and their immediate
household members only. An Abattoir, Personal use may include the hiring of a Provincially
licensed Mobile Butcher to slaughter or to process the landowner/tenant's animal on the
landowner/tenant's property.
ABATTOIR, MINOR means a provincially licensed facility where animals are slaughtered and
processed (prepared, packaged or stored) with the intent to sell within the Province of Alberta and
may include retail sales of inspected and approved meat. May include slaughtering of animals on
site. No significant adverse nuisance such as noise, or odor should extend beyond the boundary
of the site.
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ABATTOIR MAJOR means a federally licensed facility where animals are slaughtered and processed
(prepared, packaged or stored) with the intent to sell or export to another Province or out of
Country. Due to the large scale of the land/ business, there may be off-site impacts such as noise,
emissions, odor, and appearance.
ACCESSORY BUILDING, DETACHED means a detached building naturally or normally incidental,
subordinate and exclusively devoted to the principal building on the lot, and located on the same lot as
the principal building. For clarity, buildings defined as "arena private", "arena limited public", or "arena
commercial" are not accessory buildings. Additional information on accessory buildings can be found in
Section 9.2 and Section 4.2.1.7 of this bylaw.
ACCESSORY USE means a use that is naturally or normally incidental, subordinate and exclusively devoted
to the uses approved on the land located on the same lot as the principal use.
ACCESS ROAD is any part of a privately owned property developed for the purposes of vehicular access
directly to and from a municipally or provincially owned right of way. The access road is not considered a
structure. Additional information on access roads can be found in Section 9.1 of this bylaw.
ACT means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 and
amendments thereto.
ADMINISTRATION OFFICE means a specific building or rooms within a building providing for the day-to-day
business operation of a facility or primary use on a parcel and may include kitchen and washroom facilities
for staff use.
AERODROME/AIRSTRIP (PRIVATE USE) means an area of land or water, including the frozen surface
thereof, or other supporting surfaces used or intended to be used either in whole or in part for the arrival
and departure or servicing of aircraft and includes any building, installation, or equipment in connection
therewith.
AGRICULTURAL GENERAL means systems of tillage and animal husbandry which involve methods used on
large areas of land for the raising of crops or the rearing of livestock (provided that the density of the
operation does not exceed 1 animal unit per 3 acres of land) either separately or in conjunction with one
another in unified operations and includes buildings and other structures incidental to the agricultural
operation except where:
-
the intent of the building or structure is to be used as an "arena, private", "arena, limited public", or
"arena, commercial". More information on agricultural use and livestock regulation can be found in
Section 10.1 of this bylaw. Arenas are defined further on in this section of the Bylaw and addition
information on riding arenas can be found in Section 10.3.
AGRICULTURAL (INTENSIVE USE) means systems of tillage and animal husbandry which involve
concentrated methods used on areas of land to raise crops or keep livestock, poultry, and other animals,
or their products for market, and includes intensive livestock operations, intensive swine operations,
intensive poultry operations, and intensive vegetation operations. More information on agricultural use
and livestock regulation can be found in Section 10.1 of this bylaw.
AGRICULTURAL PROCESSING AND DISTRIBUTION means the use of land or a building for the upgrading of
a product, for distribution or for sale that was originally produced in an agricultural operation but does not
include an abattoir or Cannabis production or sales, or an Anaerobic Digester Facility.
AGRICULTURAL SPECIALTY means the use of land to produce specialty products onsite. Such specialties
may be (but are not limited to) game farms, fish hatcheries, and aquaculture.
AGRICULTURAL SUPPORT SERVICES means the use of land, buildings, and structures for the purpose of
supplying goods, materials, or services directly and primarily to the agricultural industry. This use would
include the sale and storage of seed, feed, fertilizer, chemical products, fuel, and agricultural machinery.
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AIRPORT means an area of land or water, including the frozen surface thereof, or other supporting surfaces
used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft
and includes any building, installation, or equipment in connection therewith for the whole of which an
airport licence has been issued by the Ministry of Transport
Additional definitions specific to the Foothills Regional Airport, the Airport Protection Overlay, and related
uses can be found under Section 11.2 and Section 18.5.
AIRPORT PROTECTION OVERLAY AREA: are those lands within 4000 metres from the designated
aerodrome reference point(s) of the Foothills Regional Airport, excluding those lands located outside of
the jurisdiction of Foothills County. More information can be found on provisions for lands subject to the
airport protection overlay under Section 9.31 and Section 11.2.
AMATEUR RADIO ANTENNA means an installation consisting of an antenna or antenna array, mounted on
a metal tower or support structure, designed for the purpose of the reception and transmission of radio
signals by private, federally licensed amateur radio operators. More information on amateur radio
antennas can be found in Section 10.2 of this bylaw.
AMUSEMENT AND ENTERTAINMENT SERVICES means those developments, having a room, area or
building used indoors or outdoors for purposes of providing entertainment and amusement to patrons on
a commercial fee for admission/service basis. Typical uses and facilities would include go-cart tracks,
miniature golf establishments, carnivals (variety of shows, games, and amusement rides), circuses, table
or electronic games establishments, paint ball, laser tag, and amusement theme parks.
ANAEROBIC DIGESTER FACILITY is a facility designed to convert organic waste, such as animal manure,
food and agricultural residues, or septic waste, into Renewable Natural Gas (RNA) and digestate through
a controlled, oxygen-free (anaerobic) biological process.
An anaerobic digester may also include a range of ancillary facilities that support feedstock processing,
biogas production, and energy generation, such as receiving docks, storage tanks or bunkers, pre-
treatment systems (e.g., screening, grinding, or shredding), primary and secondary digesters with mixing,
heating, and pumping infrastructure, biogas storage and cleaning systems, cogeneration units, digestate
separation and storage systems, composting areas, control and monitoring equipment, environmental
protection measures (e.g., leachate management, odor control, and stormwater systems), as well as
administration buildings, maintenance areas, and safety infrastructure like fencing and fire suppression
systems.
ANIMAL BOARDING SERVICES means a business providing animal care services to the public in the nature
of boarding, caring, or training of horses and/or other domestic animals, which are not owned by the
residents of the parcel, and which create more than three vehicle trips per day to the parcel by individuals
who are not resident on the parcel. More information on animal boarding services can be referenced in
Section 10.5 of this bylaw. Dog kennels are defined and information outlined in Section 10.13 of this
bylaw and are not included under this definition.
ANIMAL CARE SERVICES means development such as a hospital or shelter used for the temporary
accommodation, care, treatment, or impoundment of animals. This would include pet clinics, animal
veterinary clinics and veterinary offices but does not include private or commercial kennels.
ANIMAL UNIT refer to Section 10.1.
ANTENNA STRUCTURES, PRIVATE means equipment designed to transmit or receive signals
(electromagnetic or otherwise) for the express purpose of supporting or establishing telecommunications
systems for private use only (non-federally regulated).
APIARY means an area where one or more beehives are placed. It is also called a bee yard (bee keeping).
An apiary can be built for the purposes of harvesting honey or to benefit farming.
APPROVING AUTHORITY means, the authority authorized to exercise approving powers and duties on
behalf of the County in accordance with the Municipal Government Act and Section 3 of this Bylaw.
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AREA STRUCTURE PLAN a statutory plan, adopted by Bylaw, which provides a land use strategy for
subsequent redesignation, subdivision, and development of an area of land.
ARENA, COMMERCIAL means a building or structure within which equestrian, athletic or recreational
activities or contests are carried on and intended to be used by persons other than occupants of the
residence, if any, located on the lot upon which the arena is located, which will result in the generation of
more than sixteen (16) additional vehicle trips on any single day to or from the site of the arena; or use of
the arena for any purpose on any single day by more than sixteen (16) persons other than occupants of
the residence. More information on riding arenas can be found in Section 10.3 of this bylaw.
ARENA, LIMITED PUBLIC means a building or structure within which equestrian, athletic, recreational
activities or contests are carried on and intended to be used by persons other than occupants of the
residence, if any, located on the lot upon which the arena is located, which will result in the generation of
no more than sixteen (16) additional vehicle trips on any single day to or from the site of the arena or use
of the arena for any purpose on any single day by no more than sixteen (16) persons other than occupants
of the residence. More information on riding arenas can be found in Section 10.3 of this bylaw.
ARENA, PRIVATE means a building or structure, no more than 1,500 square meters (16,146 square feet)
in size, in which equestrian, athletic or recreational activities are carried on and intended to be used solely
by the occupants of the residence and/or by no more than four (4) non-resident users per day other than
the occupants of the residence located on the lot upon which the arena is located. More information on
riding arenas can be found in Section 10.3 of this bylaw.
ART CENTRE means a building or series of buildings, structures, and landscape spaces to facilitate Art
Heritage and Nature themed usage available for the purposes of assembly, cultural instruction, art
production and educational, research, social and recreational activities.
ARTIST SHELTER means a covered or enclosed structure intended to provide temporary shelter from the
elements for artists while engaged in art or craft activities. These structures are not to be used for overnight
accommodation.
ASSEMBLY USE means a development that is used by an association or organization for the meeting,
social or recreational activities of its members, and which may or may not include the general public.
Typical assembly uses include but are not limited to lodges, clubs, and service clubs.
AUCTIONEERING SERVICES means those developments specifically intended for the auctioning of goods
and equipment, including short term storage of such goods and equipment for the purpose of auctioning.
This class does not include livestock auction marts.
AUCTIONEERING SERVICES, LIVESTOCK means those developments specifically intended for the
auctioning of livestock, goods, and equipment, including short term storage of such goods and equipment
for the purpose of auctioning, and may include the temporary holding of livestock.
AUTO BODY means the painting or repairing of the interior, exterior or undercarriage of vehicle bodies for
compensation and in conjunction with which there may be towing service and vehicle rentals for customers
while a vehicle is under repair.
AUTO REPAIR means mechanical repairs and servicing, including the replacement of parts on vehicles for
compensation.
AUTO SALES means the storage or display for sale of more than three new or used vehicles. This may
include the sale of livestock trailers, flat deck trailers, and cargo trailers.
AUTO WRECKERS means the storage, disassembly, dismantling, junking, or keeping of more than 3
unlicensed or inoperative vehicles, or parts thereof, on a lot under 8.5 ha (21 acres) or more than 5
unlicensed or inoperative vehicles, or parts thereof, on a lot 8.5 ha (21 acres) or greater.
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B
BACKYARD Hen refers to the keeping of domesticated female chickens on a parcel less than 3 acres in
size for non-commercial purposes, where the keeping of livestock is not otherwise permitted in Foothills
County.
BAY means a self-contained unit or part of a building which can be sold or leased for individual occupancy.
BED AND BREAKFAST means the secondary use of a principal dwelling unit where the owner/operator
of the dwelling provide temporary lodging or sleeping accommodation (maximum 14 day stay) of no
more than four (4) guest rooms and the guests may be provided with meals. This use shall be
subordinate to the principal use of the dwelling as a residence and the accommodation shall be hosted
(where the dwelling owner/operator are on site during the majority of the visitor's stay)
More information on bed and breakfast can be referenced in Section 10.4 of this bylaw.
BED AND SHORE The bank of a body of water as defined under the Provincial Surveys Act, which states
that "when surveying a natural boundary that is a body of water, the surveyor shall determine the position
of the line where the bed and shore of the body of water cease, and the line shall be referred to as the
(top of) bank of the body of water". The Bed and Shore of a permanent water body is usually under the
ownership of the Province of Alberta under the Public Lands Act.
BEE KEEPING means an activity of housing bees for the production of honey and/or pollination of
agricultural crops.
BIOGAS is a gas produced in an anaerobic digester, mainly composed of methane and carbon dioxide,
resulting from the decomposition of organic materials. Biogas can be used for heat and electricity
generation, as renewable natural gas for injection into pipelines or vehicle fuel, directly in industrial
processes, or for household cooking and heating.
BOARDING SERVICES See Animal Boarding Services.
BORROW PIT is any place or premises where dirt, soil, sand, gravel, or other material is removed below the
grade or surrounding land for any purpose other than that necessary and incidental to site grading or
building construction. See Section 9.17 Lot Grading and Drainage for more information on permit
requirements.
BUILDING includes any structure whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, materials, or equipment. Any tent or bin used for any of
the said purposes shall be deemed a building.
BUILDING FOOTPRINT means the total ground coverage or impermeable surface of the building area,
including any covered roof structures, cantilevers, eaves, attached and covered decks, garage space,
carports, porticos, etc. The Building Footprint is used for assessing lot coverage and cumulative area for
accessory buildings on a parcel.
BUILDING HEIGHT means the vertical distance between grade and the highest point of a building
excluding: a roof stairway entrance, elevator shaft, a ventilating fan, a skylight, a steeple, a chimney, a
smokestack, a fire wall or a parapet wall, a flagpole, or similar devices not structurally essential to the
building. See Section 9.11 Height and Grade for more information.
BUILDING SETBACK means the least horizontal distance permitted between a lot line of a lot and the
nearest portion of any building envelope on such lot. Building setbacks are outlined in the Land Use
Districts. Section 9.27 provides additional information of Special Setback Requirements.
BUSINESS means;
-
a commercial, merchandising, or industrial activity or undertaking,
-
a profession, trade, occupation, calling or employment, or
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-
an activity providing goods and services, whether or not for profit and however organized or formed,
including a co-operative or association of persons.
BUSINESS OFFICES means a facility or portion of a building primarily for the provision of professional,
management, administrative, consulting, or financial services. Typical uses include the offices of lawyers,
accountants, engineers, architects, and real estate, insurance, clerical, secretarial, employment,
telephone answering and office support services.
BUSINESS VEHICLE means a vehicle used for the purposes of providing transportation for business
purposes and or the transporting of material or equipment as part of the business to the property. A
business vehicle may include private passenger vehicles (not exceeding seating capacity of fourteen (14)
passengers) with business signage, cube vans, utility trailers, or flat deck trailers used in conjunction with
the business but does not include large commercial vehicles.
BUSINESS VISITS means round trips to and from the property by individuals for the purpose of doing
business on the property of a home based business. This includes materials and/or equipment, travelling
to and from a job site. Business visits do not include vehicle trips to the property by residents or
employees, nor is it intended that the occupants of the vehicle be counted each as a business visit. A load
of individuals transported by way of a vehicle exceeding seating capacity of fourteen (14) passengers, are
excluded from this definition under regular business visits as this implies a larger scale operation than a
home based business and would require site-specific amendment and/or land use redesignation prior to
a Development Permit.
BYLAW ENFORCEMENT OFFICER means a person appointed under the provisions of the Foothills County
Bylaw Enforcement Officer Bylaw number 23/2013, and as amended from time to time. A Bylaw
Enforcement Officer is, in the execution of their enforcement duties, a person responsible for the
maintenance and preservation of the public peace and as such, is deemed to be a Peace Officer.
C
C-CAN See Sea-Can.
CAMPGROUND, MAJOR means development of land which has been planned and improved for the short-
term use of holiday trailers, motor homes, tents, campers, and similar recreation vehicles within a defined
area for a period not exceeding 200 consecutive days in accordance with Section 10.6. campground,
major is not to be used for recreational vehicle storage.
CAMPGROUND, MINOR means development of land which has been planned and improved for the short-
term use of holiday trailers, motor homes, tents, campers, and similar recreation vehicles within a defined
area for a period not exceeding 16 consecutive days in accordance with Section 10.6. campground, minor
is not to be used for recreational vehicle storage.
CANNABIS means a cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant
seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as
amended from time to time and includes edible products that contain cannabis.
CANNABIS ACCESSORY means a thing, including rolling papers or wraps, holders, pipes, water pipes,
bongs, and vaporizers, that is represented to be used in the consumption of cannabis; or as defined in
the Cannabis Act (Canada) and its regulations as amended from time to time.
CANNABIS NURSERY means the use of land, buildings, or structures for the purposes of cultivation of
cannabis authorized by license for a nursery pursuant to the Cannabis Regulations, SOR/2018-144, or
any successor or replacement legislation or regulations, which may be enacted in substitution thereof.
CANNABIS PRODUCTION, MICRO means the use of land, buildings, or structures for the purposes of
cultivation, processing, labeling, and packaging, testing, destroying, storing, or transporting cannabis
authorized by license for micro- cultivation and/or micro-processing, pursuant to the
Cannabis
Regulations, SOR/2018-144, or any successor or replacement legislation or regulations, which may be
enacted in substitution thereof.
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CANNABIS PRODUCTION, STANDARD means the use of land, buildings, or structures for the purposes of
cultivation, processing, labeling, and packaging, testing, destroying, storing, or transporting cannabis
authorized by license for standard cultivation and/or processing, pursuant to the Cannabis Regulations,
SOR/2018-144, or any successor or replacement legislation or regulations, which may be enacted in
substitution thereof.
CANNABIS RETAIL STORE means a building or portion thereof that is licensed by the Province of Alberta
for the legal sale of cannabis and cannabis accessories for off-site consumption. This use does not
include Cannabis Production.
CANNABIS SALES means for the wholesale or retail sale or distribution to the public of any and all types
of Cannabis as defined by the Cannabis Act (Canada).
CAR/TRUCK WASH means the provision of facilities, including a central water supply for washing vehicles.
CARPORT means a roofed structure used for storing or parking of private vehicles which is attached to the
principal building, partially open and unobstructed. A detached carport is considered an accessory building
and must be constructed in accordance with Section 9.2 of this bylaw.
CARD LOCK FUEL DISPENSING FACILITY means a building, structure, or part thereof, where fuel, oil and
other similar products used in the operation of vehicle engines are sold to account customers only via card
lock controllers. Such a facility may include as accessory uses, truck weigh scales, truck washing facilities,
a lounge, shower, and washroom facilities, all of which are available only to customers. Additionally, a
facility may include one (1) outlet where goods are stored and offered for sale, provided that there is no
preparation of food on the premise.
CEMETERY means land that is set apart or used as a place for the internment of the dead or in which
human bodies, pets, and/or animals or cremated remains have been buried.
CENTRE LINE as used in this Bylaw with reference to a municipal road or highway means a line drawn
parallel to and equidistant from the limits of the road allowance as originally laid out prior to any
subsequent road widening.
CHANGE IN USE OR INTENSITY PERMIT: A permit that may be obtained in a Commercial, Industrial or
Agricultural Business District land uses to allow a business or use to be established in an existing building
where there is a compliant Multiple Potential Use Development Permit in place, and the proposed business
or use complies with that development permit. The Change of Use or Intensity permit will be required when
the initial use is being established and when a change in use or change in intensity of use is applied for
within a site, a building, or portion of a building, in accordance with an approved Multiple Potential Use
Development Permit.
CHILD CARE FACILITY means a child care program offered or provided for under a facility-based license,
to provide child care to more than 6 children, not including the person's own children, in accordance with
the Early Learning and Child Care Act. (For example, day care, preschool care, out of school care). More
information on Child Care Facilities and Family Day Homes can be found in Section 10.7 of this bylaw.
CHURCH see "Religious Assembly".
CLUB HOUSE means a building where members of a club and their guests may hold social events or gather
for group activities, meetings, informational sessions, or other purposes.
CLUSTER DEVELOPMENT means a development design technique that locates buildings in limited areas
on a site to allow the remaining land to be used for a variety of open space purposes.
COMMERCIAL BUSINESS means the use of land, building or structures for the purpose of buying and
selling commodities and supplying of services.
COMMERCIAL COMMUNICATION EQUIPMENT means equipment designed to transmit or receive signals
(electromagnetic or otherwise) for the express purpose of supporting or establishing telecommunications
systems for public or commercial use (federally regulated).
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COMMERCIAL SCHOOL OR COLLEGE means a service establishment which provides instruction in any
subject for profit or gain, and without limiting the generality of the foregoing, includes a trade school, a
secretarial college or school, a dance school or studio, a school of music, a modeling school, a charm
school, a ceramics school, or studio but does not include a public school, separate school, or private
school.
COMMERCIAL STORAGE means a building, group of buildings, or fenced compound in which rentable
space is provided for the storage of goods of a non-hazardous nature. See Section 10.16 for more
information on commercial storage.
COMMERCIAL VEHICLE, LARGE means a vehicle and/or trailer, used for commercial or industrial business
operations, including but not limited to large tour buses or passenger vehicles exceeding seating capacity
of fourteen (14) passengers, gravel trucks, gravel trailers, highway truck tractors, highway truck trailers,
crane trucks, vacuum trucks, or semi-trailer trucks.
COMMON PROPERTY means all land within a Condominium Plan that is not shown as a Unit.
COMMON WALL means a vertical well separating two dwelling units and shall be mutually common to both
dwelling units.
COMMUNITY BUILDINGS AND FACILITIES means buildings and facilities which are available for the use
and enjoyment of the inhabitants of the County and the rural area for the purposes of assembly, culture,
and recreational activity.
COMMUNITY PEACE OFFICER means a person appointed under the provisions of Section 7 of the Peace
Officer Act, Revised Statutes of Alberta 2006, Chapter P-3.5 and as amended from time to time.
Community Peace Officers may hold a secondary appointment as a Bylaw Enforcement Officer for the
Foothills County, if so designated.
COMMUNITY SERVICES means a development for the purpose of providing educational, recreational,
social, and/or religious services and for avoidance of doubt including but not limited to Agricultural Society
Grounds, Cemeteries, Churches, Public, Separate, and Private schools, and Community Buildings
/Facilities.
COMPOSTING means a managed biological process where organic matter is decomposed. More
information on composting can be found in Section 10.8 of this bylaw.
CLASS I COMPOST means an operation where waste, not including hazardous waste, is
decomposed through a controlled bio-oxidation process, including a thermophilic phase that
results in a stable humus-like material but does not include on-site household composting or
composing as part of agricultural general in accordance with Section10.8, a compost facility that
receives only sludge, a class ii compost facility, or a manure storage facility.
CLASS II COMPOST means an operation where only vegetative matter or manure is decomposed
through a controlled bio-oxidation process, including a thermophilic phase, which results in a
stable humus-like material but does not include an Anaerobic Digester Facility, on-site household
composting, or composing as part of agricultural general in accordance with Section10.8 or a
manure storage facility.
CONDOMINIUM UNIT:
BUILDING CONDOMINIUM UNIT means a space that is situated within a building and described as
a unit in a condominium plan by reference to floors, walls, and ceilings within the building.
CONDOMINIUM means a building, or group of buildings, in which units are owned individually, and
the structure, common areas and facilities are owned by the owners on a proportional undivided
basis.
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CONDOMINIUM, BARELAND means a condominium in which the units are defined in relation to
the land rather than in relation to a structure, created specifically through subdivision and
registered as a condominium plan in accordance with the Condominium Property Act, RSA 2000,
c.C-22.
CONDOMINIUM UNIT means land that is situated within a lot described as a unit in a condominium
plan by reference to boundaries governed by monuments placed pursuant to the provisions of the
Surveys Act respecting subdivision surveys.
CONDOMINIUM UNIT, BARELAND means a bareland unit as defined in the Condominium Property
Act, RSA 2000, c.C-22.
CONFINED FEEDING OPERATION has the meaning given to it by the Agricultural Operations Practice Act,
as it may be amended from time to time. Appendix "C" to this Bylaw sets out the policies and procedure
of the Foothills County regarding a Confined Feeding Operation. More information on confined feeding
operations can also be found in Section 10.9 of this bylaw.
CONFERENCE CENTRE means an establishment used for the holding of meetings, conventions, seminars,
workshops, product and trade shows, or similar activities, and may include dining and lodging facilities for
the use of participants, as well as compatible accessory facilities.
CONTRACTOR, GENERAL means development used for industrial service support and construction. Typical
uses include oilfield support services, laboratories, cleaning, and maintenance contractors, building
construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road
construction, sewer or similar services of a construction nature which may require on-site storage space
for materials, construction equipment or vehicles normally associated with the contractor service. Any
sales, display, office, or technical support service areas shall be accessory to the principal general
contractor use.
CONTRACTOR, LIMITED means development used for the provision of electrical, plumbing, heating,
painting, catering and similar contractor services primarily to individual households and the accessory
sales of goods normally associated with the contractor services where all materials are kept within an
enclosed building, and there are no accessory manufacturing activities or fleet storage of more than four
vehicles. No outside storage of materials shall be permitted as part of contractor, limited use.
CONVENIENCE STORE means a retail store in which articles for sale are restricted to a limited range of
primarily food items such as milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and
candy, meat, and to complement such items may include the limited sale of magazines, books and
records, house wares, toiletries, stationary, and tobacco products. This use does not include cannabis
sales.
CORPORATE FUNCTION means a private event, held by corporations or businesses for their staff, clients,
or stakeholders, for the purposes of holiday parties, team buildings, etc.
COUNCIL means the Council of the Foothills County.
COUNTRY RECREATIONAL CENTER/LODGE means a recreational development conducted on a unified
basis on a single site which may include one or more adjoining lots where the prime reason for location in
rural areas is to take advantage of natural physical features, including the availability of large areas of
land to provide for physical recreation for the patrons through means of day-to-day sporting and athletic
facilities and the structures incidental thereto and may include structures and services incidental and
accessory only to the prime recreational use. The center/lodge may include the short-term or occasional
lodging and boarding of patrons.
COUNTY means the Foothills County or where the context requires, the geographical area of land contained
within the boundaries of the County's corporate limits.
CREMATORIUM means a development fitted with equipment for the purpose of the cremation of human,
pets, and/or animal remains and may include associated facilities for the preparation of the dead body
for interment or cremation.
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CULTURAL FACILITIES means development for the collection and storage of literary, artistic, musical, and
similar reference materials, or a building intended for live theatrical, musical, or dance performances.
Typical facilities would include libraries, museums, art galleries, auditoriums, theatres, and concert halls.
D
DATA CENTRE CAMPUS: A large-scale facility designed to house extensive computer systems and
associated components, for supporting artificial intelligence, cloud computing, data security, data storage,
management and processing digital media, information and applications. This facility encompasses
ancillary structures that support its primary function, including but not limited to administrative offices,
educational and training facilities, maintenance facilities, power generation facilities, substations, and
security buildings.
DATA PROCESSING FACILITY (SMALL SCALE): means a development where the primary use is the
operation of computer servers or related equipment for the processing, storage, or management of
digital data. Typical activities may include cloud computing, artificial intelligence or machine learning
processes, or digital currency (cryptocurrency) mining.
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Such facilities are small in scale, with limited infrastructure. The total electrical demand and noise
level falls below the threshold requiring approval by the Alberta Utilities Commission (AUC) under
Rule 007 and Rule 012 or any successor legislation. These facilities are anticipated to have minimal
off-site impacts.
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For clarity, businesses or industrial operations that use computers or servers as part of normal
administrative, operational, or production activities--such as offices or manufacturing facilities--are
not considered Data Processing Facilities (Small Scale) where such computer use is incidental to the
principal activity.
DECK means a structure abutting a dwelling or accessory building, with no roof, cover, or walls, except for
visual partitions, and railing which is constructed on piers or a foundation above-grade for use as an
outdoor living space. See Section 4.2.1 for information on exemptions to Development Permit
requirements for patios and decks and Section 9.27 Special Setback Requirements for more information
on setback requirements.
DECK, COVERED is a covered structure abutting a dwelling or accessory building, with no walls except for
visual partitions, and railing which is constructed on piers, or a foundation above-grade as defined under
this Bylaw. Where a deck includes a cover or roof, the deck area becomes part of the cumulative sq. ft. of
the attached structure.
DENSITY BONUS means a planning tool that can allow the County to encourage a preferred activity or
municipal objective through increased density incentives. See Section 9.7 for more information on Density
Bonus provisions.
DESIGNATED OFFICER means a person appointed by Council, under the provisions of Section 210 of the
Municipal Government Act and may include a Community Peace Officer and Bylaw Enforcement Officer.
DEVELOPABLE AREA means the minimum area required on a lot to ensure that there is adequate space
for a building site, water well and sewage disposal system taking into account the setback distance
requirements of the County's land use bylaw, provincial requirements, and any required setbacks
recommended by a geotechnical engineer following a review of the site. The criteria for developable area
are further described in Section 9.8.
DEVELOPERS AGREEMENT a legal binding contract between a developer and the County outlining the
obligations of the developer with respect to a specific development.
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DEVELOPMENT means
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an excavation or stockpile and the creation of either of them.
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a building or an addition to or replacement or repair of a building and the construction or placing of
any of them in, on, over or under land of any of them.
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a change of use of land or a building or an act done in relation to land or a building that results in or
is likely to result in a change in the use of the land or building; or
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a change in the intensity of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the intensity of use of the land or building.
DEVELOPMENT AUTHORITY means the development authority provided for by Council from time to time
pursuant to Section 623 of the Municipal Government Act to exercise development powers and duties on
behalf of the County. For more information on the Development Authority and other Approving Authorities,
please refer to Section 3.1 of this Bylaw.
DEVELOPMENT PERMIT means a document issued under the Land Use Bylaw that approves a
development.
DIGESTATE is the residual material remaining after the anaerobic digestion of organic feedstock. Digestate
typically consists of both solid and liquid fractions and may be used as a soil amendment or fertilizer.
DIRECT CONTROL means a land use designation where Council exercise particular control over the use
and development of land or buildings within an area of the County. Council acts as the Development
Authority and limiting the right of appeal in accordance with Section 641(1) of the Municipal Government
Act.
DISCRETIONARY USE means the use of land, or a building provided for in this Bylaw for which the Approving
Authority may issue a Development Permit with or without conditions as provided for in this Bylaw.
DOG PARK means an area designated for the running and exercise of dogs off-leash by the public. Dog
parks shall be fully fenced and gated.
DRINKING ESTABLISHMENT means an establishment, licensed by the Alberta Gaming, Liquor and
Cannabis Commission, in which alcoholic beverages are served for a fee for consumption on the premises,
and any preparation or serving of food is accessory thereto, and includes a licensed lounge that is ancillary
to a restaurant.
DUGOUT means the excavation of land that results in man-made bodies that entrap water and includes a
private dam and/or excavation for general agricultural purposes, but does not include ornamental ponds,
storm water ponds, man-made waterbodies, private, or lagoons for the purposes of processing
wastewater. For more information on regulations on dugouts and other man-made water bodies, please
refer to Section 9.18.
DWELLING, ATTACHED means a single building which contains two or more Dwelling Units.
DWELLING, DUPLEX means a building designed exclusively to accommodate two Dwelling Units, one
situated above the other, with separate entrances to each unit but does not include a Dwelling, Secondary
Suite. See Figure 10.10 A for an illustration on Dwelling types and Section 10.10 for more information
on provisions for Dwelling Units.
DWELLING, FOURPLEX means a separate building which consists of two attached duplex dwellings, or a
building containing only two stories exclusive of basement, divided vertically into four dwelling units with
either one or two complete walls in common with adjoining units or an independent entrance, either
directly or through a vestibule. See Figure 10.10 A for an illustration on Dwelling types and Section 10.10
for more information on dwelling provisions.
DWELLING, MANUFACTURED HOME means a dwelling unit with a minimum width of 6.1m (20ft.), built in
whole or in part in a certified plant or site, in accordance with the CSA standards and/or applicable Building
Code, for transportation to a building site. A Dwelling Manufactured Home must be constructed after
September 2, 2007. A Modular Home and Double Wide Mobile Home are included under this definition.
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DWELLING, MOBILE HOME means a prefabricated or factory-constructed, transportable Dwelling Unit
which is equal to or less than 6.1m (20 ft.) in width, designed and built to CAN/CSA Standard, to be moved,
from one point to another as a single unit, and which is, upon its arrival at the site where it is to be located,
ready for occupancy except for incidental building operations such as placement on a foundation and
connection to utilities. A Dwelling Mobile Home must be constructed after September 2, 2007. A Dwelling,
Mobile Home does not include a recreational vehicle or park model.
DWELLING, MOVED ON means a Dwelling, Single Family or Dwelling Manufactured Home that has
previously been lived in or used as a residence, which has now been relocated to a new parcel for the
purpose of a Dwelling Unit. Dwelling, Mobile Homes that have been renovated, added to, or altered in any
way from their original CSA Standard, now being relocated to a new parcel for the purpose if a Dwelling
Unit shall be considered under the Dwelling, Moved on provisions.
DWELLING, SECONDARY SUITE means a subordinate Dwelling Unit located on a parcel in addition to the
principal Dwelling Unit, which constitutes a self-contained living accommodation unit comprised of kitchen
facilities, sleeping amenities, washroom facilities consisting of a full bathroom including tub and/or shower
fixture, and has a separate entrance, or includes a door which can be physically closed or locked off from
the remainder of the principal dwelling. A Dwelling, Secondary Suite may include a Secondary Suite,
Principal, or a Secondary Suite, Detached. (See Secondary Suite, Principal and Detached)
DWELLING, SEMI-DETACHED means a building containing two dwelling units sharing a common wall
extending from the first floor to the roof and located side by side with each dwelling unit having at least
one separate entrance. See Figure 10.10 A for an illustration on Dwelling types and Section 10.10 for
more information on dwelling provisions.
DWELLING, SINGLE FAMILY means a single building which contains one Dwelling Unit in accordance with
the applicable Building Code and Section 10.10 of this Bylaw. A Dwelling, Single Family may contain a
Secondary Suite in accordance with Section 10.26 and still be considered a Dwelling, single family.
DWELLING, TEMPORARY means a Dwelling, Manufactured Home; Dwelling, Mobile Home, or Dwelling
Single Family for the purpose of use as a dwelling which has not been situated on a permanent foundation,
located on a parcel on a temporary basis in accordance with Section 10.10. This does not include the
temporary storage of an unoccupied structure without appropriate utilities or Recreational Vehicles.
DWELLING, TOWNHOUSE means a building divided vertically into three or more separate dwelling units,
each of which has an independent entrance either directly or through a common vestibule. See Figure
10.10 A for an illustration on Dwelling types and Section 10.10 for more information on dwelling
provisions.
DWELLING UNIT means a building or a portion of a building providing sleeping and washroom facilities, and
a kitchen intended for domestic use, and used or intended to be used permanently or semi- permanently
for a household. A dwelling or dwelling unit does not include more than one room which, due to its design,
plumbing, equipment, and furnishings, may be used as a kitchen.
E
EDUCATION CENTRE means structures and/or outdoor areas devoted to the principal use of education.
EDUCATIONAL AND INTERPRETATIVE USE means premises in which seasonal or occasional education or
training is provided utilizing both the natural environment and man-made physical elements such as
buildings, structures, roadways, paths, trails, etc., that together create the physical character of an area.
EDUCATIONAL SERVICES, PRIVATE/CHARTER means development for instruction and education purposes,
involving assembly for educational, training or instruction purposes by a private school system or individual
and includes administration offices, dormitory and accessory buildings. Typical facilities would include
private schools, charter schools, or seminaries, community colleges, universities, technical and vocational
facilities that are privately owned or operated.
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EDUCATIONAL SERVICES, PUBLIC/SEPARATE means development for instruction and education purposes,
involving assembly for educational, training or instruction purposes by a public school system and includes
administration offices, dormitory and accessory buildings. These facilities include public schools such as
the Foothills School Division No. 38 and separate schools such as the Christ the Redeemer Catholic
Separate Regional Division No. 3, or facilities owned or operated by the public school system. These
facilities also include seminaries, community colleges, universities, technical and vocational facilities
owned or operated by advanced education.
ENVIRONMENTAL RESERVE In accordance with Section 664 of the Municipal Government act, land is
undevelopable because of its natural features or location, such as unstable slopes or flood prone;
environmentally sensitive such as a gully, ravine, or coulee; or a strip of land abutting the bed and shore
of a body of water or watercourse, that a developer may be required to dedicate at the time of subdivision.
Environmental Reserve must be maintained in its natural state or used as a park.
ENVIRONMENTALLY SIGNIFICANT AREA means an area which exhibits characteristics believed to contain
special features or which is part of a larger system that in turn gives rise to special biological attributes
which are significant to the County from an environmental perspective.
EVENT means an event or gathering open to the general public, including but not limited to: Exhibitions,
expositions, fairs, festivals, entertainment, cause-related awareness, fundraising, and leisure events.
Event does not include family events such as, but not limited to birthday parties or holiday celebrations.
Depending on the event type, location and size, and the zoning of the property where it is to be held, an
event may or may not be considered a Special Event that must comply with the Special Event Bylaw.
EVENT, PRIVATE: an exclusive event that is intended for friends, family and people known to the hosts, and
which may be attended by invitation only. This includes corporate events, family reunions and weddings.
F
FAMILY DAY HOME means a child care program providing child care to no more than 6 children, not
including the person's own children, that is offered or provided by an individual in the individual's private
residence. More information on Child Care Facilities and Family Day Homes can be found in Section 10.7
of this bylaw.
FARM EQUIPMENT SALES AND SERVICE means area of land or building used for the rental, lease, sale,
service, restoration, inspection and/or mechanical repair of farm equipment and machinery.
FARMERS MARKET see Public Market.
FEEDSTOCK are materials used directly in manufacturing processes and transformed into an intermediate
or finished material.
FENCE means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or
to provide sound abatement and/or the confinement of live animals. For more regulations on landscaping,
fencing, and screening refer to Section 9.14.
FINANCIAL SERVICE means a service related to money management and investment typically provided by
a bank, trust company, investment dealer, credit union, mortgage broker or related business.
FLOOD:
DESIGNED FLOOD LEVEL Where provincial flood hazard study information is available, the design
flood is the 1:100-year return period flood calculated at the time of the study. The design flood
levels are the water levels based on the design flood under encroached conditions. Where
provincial flood hazard study information is not available, the design flood and associated flood
levels may be defined as a historical open water and/or ice jam flood event.
FLOOD HAZARD AREA: The total area flooded by a 1:100-year flood. It is usually divided into
floodway and flood fringe zones.
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FLOODWAY: The portion of the flood hazard area where flows are deepest, fastest, and most
destructive. Floodway is described in the Alberta Environment's Flood Hazard Identification
Program (http://floods.alberta.ca).
FLOOD FRINGE: Floodwater in the flood fringe is generally shallower and flows more slowly than in
the floodway. Flood fringe is the outer portion of the flood hazard area. Flood fringe is described in
the Alberta Environment's Flood Hazard Identification Program (http://floods.alberta.ca).
FLOOD PROOFING: with respect to a building or building extension, a design, manner of
construction or siting thereof for the purpose of preventing damage by floods of a specified
magnitude.
LANDS IMPACTED BY 2013 FLOOD EVENT: are those lands which the County believes were
impacted by flooding on June 20th, 2013. These lands may or may not be within the flood hazard
area. Some of these lands may only have been partially flooded or minimally impacted, while some
may have been significantly impacted.
FLOOD HAZARD PROTECTION OVERLAY AREA: are those lands included within one or all of the
following areas:
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Floodway.
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Flood Fringe; or
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Lands impacted by 2013 Flood Event.
More information can be found on provisions for land subject to flooding under Section 9.13 and
under Section 11.1 Flood Hazard Protection Overlay District.
FOOD SERVICE, ACCESSORY means the serving of food, which may or may not have been prepared on
site, in support of an approved principal use on the premises. The service may occur either on a day-to-
day basis or for special events and may include the service of alcoholic beverages under license from the
Alberta Gaming, Liquor and Cannabis Commission or equivalent body. It may also include food service
from food trucks licensed to operate in the County.
FOOD SERVICE, DRIVE-IN means development where the primary purpose is the sale of prepared foods
and beverages to the public for consumption on or off the site. This use typically has a more limited range
of menu than a restaurant and includes one or more of car attendant services drive through food pickup
services, or parking primarily intended for the on-site consumption of food within a vehicle.
FOOD TRUCK means a licensed vehicle equipped to cook and sell food for the purposes of public
consumption on a temporary site.
FRONTAGE the lineal distance measured along the front lot line. On corner lots, all sides of a lot adjacent
to a road or highway shall be considered frontage.
FUNERAL HOME means a building designed for the purpose of furnishing funeral supplies and services to
the public and includes facilities intended for the preparation of the dead human body for interment or
cremation. A crematorium is not included under the definition of Funeral Home. See Crematorium defined
separately under this Bylaw.
G
GARAGE, PRIVATE means a building designed and used for storage of private vehicles and includes a
carport. Conditions under which permits are not required for private garage can be found in Section 4.2.1
of this bylaw.
GARDEN CENTRE: See Intensive Vegetation Operation and Retail Garden Centre.
GARBAGE CONTAINER means a bin, with or without a lid, greater than one cubic metre in volume used to
store garbage and refuse temporarily. This definition excludes a container used for a construction or
demolition project for which a valid building or demolition permit has been issues.
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GARBAGE CONTAINER/ENCLOSURE means solid opaque wall or fence comprised of concrete block, brick,
wood, stucco, or metal, with a gate that screens a garbage container. Garbage container enclosures shall
be designed in accordance with Appendix G Screening Standards for specific screening provisions where
applicable.
GAZEBO means a freestanding, roofed accessory structure which is not enclosed, except for screening or
glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling but shall
not include any other use or activity otherwise defined in this bylaw.
GOLF COURSE means an outdoor establishment/development of varying size designated primarily for the
game of golf. Accessory uses include a pro shop, driving range and/or practice facility, food service, and
other commercial uses typically associated with a golf course clubhouse facility. Information pertaining to
Golf courses and driving ranges can be found in Section 10.11 of the bylaw.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government
services directly to the community at large, and includes development required for the public protection
of persons or property.
GRADE means an average level of the finished surface of the round adjacent to the exterior walls of the
building or structure.
GREEN MATERIAL REUSE STORAGE SITE means a site or facility where already sorted raw materials such
as clean and untreated wood products, soil, and other natural materials used for landscaping and related
uses, are collected, stored, or further processed for reuse, and held for the removal to another facility.
This use does not include waste disposal, working areas for waste material, or storage sites as defined
under the Waste Control Regulation thus requiring setbacks to waste related facilities under the
Subdivision and Development Regulation.
GREENHOUSE - See Intensive Vegetation Operation and Retail Garden Centre.
GREENHOUSE, PERSONAL means an enclosed structure used for the cultivation and/or protection of
plants for the purpose of personal use by the residents of the property. A detached greenhouse is
considered an accessory building and must be constructed in accordance with Section 9.2 of this bylaw.
GROCERY STORE means the use of a building or a portion thereof for the sale of foodstuffs and
convenience goods to serve the needs of surrounding residents, and the travelling public.
GROSS FLOOR AREA means the total cumulative floor area of all levels of a building measured to the
outside surface of the exterior walls and does not include decks or basements (except in the case of walk-
out basements in which case the walk-out basement is considered the first floor). Where buildings are
separated by a fire wall, the gross floor area is measured from the centerline of the common fire wall.
Gross Floor Area may differ from the Habitable Area of a dwelling as it includes any unfinished space(s),
storage, attached garage(s), and mechanical or electrical rooms.
GROSS LOT AREA means the area of a lot prior to any reduction in size due to the taking of additional lands
for public use by the County, Provincial or Federal agency or a public utility by dedication, expropriation, or
purchase of land.
GROSS UNITS PER ACRE means the total number of units or lots per acre of parent title. The County uses
gross units per acre when looking at density for subdivision purposes. Gross unit per acre density is
determined by dividing the total number of new lots created by the overall subdivision area. Abbreviated
throughout the Bylaw as "gross upa".
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GROUP HOME, LIMITED means development consisting of the use of a building as a facility which is
recognized, authorized, licensed or certified by a public authority as a social care facility intended to
provide room and board for six (6) or less residents (excluding staff) including non-family member disabled
persons, persons with physical, mental, social or behavioral problems, and which may be for the personal
rehabilitation of its residents, either through self-help or professional care, guidance and supervision. The
residential character of the development shall be primary with the occupants living together as a single
housekeeping group and using cooking facilities shared in common. The use class does not include
treatment facilities such as detention and correction centers.
GROUP HOME, MAJOR means development consisting of the use of a building as a facility which is
recognized, authorized, licensed or certified by a public authority as a social care facility intended to
provide room and board for seven (7) or more residents (excluding staff) including non-family disabled
persons, or for persons with physical, mental, social or behavioral problems, and which may be for the
personal rehabilitation of its residents either through self-help or professional care, guidance and
supervision. The residential character of the development shall be primary with the occupants living
together as a single housekeeping group and using cooking facilities shared in common.
GUEST RANCH means development of a privately owner-occupied ranch house which includes sleeping
facilities which are rented on a daily basis to registered guests and meals are prepared in a residential
kitchen.
GUEST ROOM means a room to rent for no more than 14 days, within a dwelling for the lodging of guests.
GUEST ROOM, DETACHED means a separate building on the property that contains one room or more, to
be rented for not more than 14 days for the lodging of guests.
H
HABITABLE AREA means the sum of all floors of all livable space contained within the exterior walls of
the structure above grade (this does not include any basement area except in the case of walk-out
basements in which case the walk-out basement is considered the first floor), designated for human
occupancy including areas for living, sleeping, eating or food preparation, or recreational purposes , but
does not include the garage, or areas devoted exclusively to mechanical or electrical equipment
servicing the development. When determining the habitable area of a Secondary Suite, the basement is
included and considered habitable area (whether the basement is finished or unfinished). Please see
Section 10.26 for details.
HAZARDOUS INDUSTRY means an industry which by reason of emissions, whether solid, liquid or gas, are
offensive or hazardous to human health or safety. Such industries are generally classed as noxious in
character and, without restricting the generality of the foregoing, would include petro-chemical industries,
petroleum refineries, rendering plants, alfalfa processing plants, auto wreckers and scrap metal collection
centers and retail outlets for goods processed or stored on the same site where the principal use is auto
wreckers and scrap metal collection but does not include Cannabis Production.
HEALTH CARE SERVICES means development used for the provision of physical and mental health services
on an out-patient basis, of a preventative or diagnostic treatment of a therapeutic nature. Typical uses or
facilities would include medical and dental offices, health clinics, and chiropractor offices.
HELIPAD: a designated area, usually with a prepared surface, used for the takeoff, landing or parking of
helicopters. This does not include private or public Aerodromes or Airports.
HERITAGE PROPERTY means features in or on the land or underwater and considered to be a consultable
record of past human activities, endeavors, or events (i.e. buildings, street furniture, engineering works,
plantings, and archaeological sites).
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HIGHWAY means a primary highway or a secondary highway or either of them, as the context may require.
HIGHWAY (PRIMARY) means a primary highway, or a proposed highway designated as a primary highway
under the Public Highways Development Act.
HIGHWAY (SECONDARY) means a secondary highway designated by the Minister of Infrastructure as a
secondary road pursuant to the Public Highways Development Act.
HOME BASED BUSINESS TYPE I means a business or occupation conducted within a dwelling and/or an
accessory building on a parcel on which a dwelling is located and where one or more residents of the
parcel is the primary owner of the business, and the following requirements apply:
-
A maximum of three (3) business visits per day
-
A Maximum of one (1) non-resident employees working on the property.
-
Maximum of one (1) business vehicle may be permitted on property per day.
-
Parking is provided in accordance with the requirements set out in Section 9.19 of this bylaw.
-
No outdoor storage of business-related material or goods permitted on the property. Storage of
business-related materials or goods related to the business must be stored within the principal
dwelling or accessory building.
-
Large Commercial vehicles, used in conjunction with the business are not permitted on the parcel
as part of a Home Based Business Type I.
-
The business shall not create any impacts outside the dwelling or its accessory building.
-
At all times, the privacy of the adjacent residential dwellings shall be preserved, and the home-based
business shall not in the opinion of the Development Authority, unduly offend or otherwise interfere
with live ability or enjoyment of the neighboring properties.
all in accordance with Section 10.12 of this bylaw.
HOME BASED BUSINESS TYPE II means a business or occupation conducted within a dwelling and/or
accessory building(s) on a parcel on which a dwelling is located and where one or more residents of the
parcel is the primary owner of the occupation or business, and the following requirements apply:
-
A maximum of six (6) Business Visits per day.
-
A maximum of three (3) non-resident employees working on the property.
-
No outdoor storage of business-related materials or goods are permitted. Storage of materials or
goods related to the business must be stored within the principal dwelling or accessory building.
-
A maximum of three (3) business vehicles or related equipment may be stored outdoors on parcels
under 10 acres in size.
-
A maximum of six (6) business vehicles or related equipment may be stored outdoors on parcels 10
acres and larger.
-
Large commercial vehicles, used in conjunction with the business, may be permitted on the parcel at
the discretion of the Approving Authority based on parcel size, proximity of adjacent residences, and
site screening.
-
Parking is provided in accordance with the requirements set out in Section 9.19 of this bylaw.
-
Home business shall not generate noise, smoke, odor, dust fumes, exhaust, vibration, heat, glare,
refuse matter or other nuisances considered offensive or excessive by the Development Authority.
-
At all times, the privacy of the adjacent residential dwellings shall be preserved, and the home-based
business shall not in the opinion of the Development Authority, unduly offend or otherwise interfere
with live ability or enjoyment of the neighboring properties.
all in accordance with Section 10.12 of this bylaw.
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HOME BASED BUSINESS TYPE III a business or occupation conducted within a dwelling and/or accessory
building(s) or on a parcel on which a dwelling is located and where one or more residents of the parcel is
the primary owner of the occupation or business, and the following requirements apply:
-
A maximum of twelve (12) business visits per day; or as determined by the Approving Authority in
Direct Control Districts.
-
No More than six (6) non-resident employees working on the property; or as determined by the
Approving Authority in Direct Control Districts.
-
A maximum of twelve (12) business vehicles on the property per day; or as determined by the
Approving Authority in Direct Control Districts.
-
Parking is provided in accordance with the requirements set out in Section 9.19 of this bylaw.
-
Large commercial vehicles, used in conjunction with the business, may be permitted on the parcel at
the discretion of the Approving Authority based on parcel size, proximity of adjacent residences, and
site screening.
-
Outdoor storage of business-related goods and materials, large commercial vehicles, trailers, and
equipment may be allowed if, in the opinion of the Approving Authority, the outdoor storage is
adequately screened from adjacent lands.
-
Home business shall not generate noise, smoke, odor, dust fumes, exhaust, vibration, heat, glare,
refuse matter or other nuisances considered offensive or excessive by the Approving Authority.
-
At all times, the privacy of the adjacent residential dwellings shall be preserved, and the home-based
business shall not in the opinion of the Development Authority, unduly offend or otherwise interfere
with live ability or enjoyment of the neighboring properties.
all in accordance with Section 10.12 of this bylaw.
HOME OFFICE means an office situated within a dwelling and/or accessory building on a parcel where all
employees of the business working on the site are residents of the dwelling, no outdoor storage of business
materials are situated on the property and no traffic is generated by the business. More information on
Home office can be found in Section 10.12 of this bylaw.
HOTEL means a business development that primarily provides temporary sleeping accommodation for the
travelling public in rooms or suites, and which may also contain commercial uses and related additional
facilities or services such as eating and drinking facilities, restaurants, room service or public convention
rooms.
HOUSEHOLD HAZARDOUS WASTE DROP OFF AREA means a facility for the collection and temporary
storage of household hazardous waste. No permanent storage or processing of such items is allowed.
HYDRO VAC WASTE MANAGEMENT means the storage and/or treatment of slurry waste created in the sub-
surface soil excavation process.
I
INDUSTRIAL,
MANUFACTURING/PROCESSING
means
development
principally associated with
manufacturing, assembling, fabrication, processing, and research/testing activities. Without restricting
the generality of the foregoing, typical facilities would include plants involved in natural gas or its
derivatives; pulp and paper products; stone, clay, glass, plastic, wood, rubber, or metal products; cement
or lime products; and automotive assembly or fabrication.
INDUSTRIAL, STORAGE AND WAREHOUSING means development used for either indoor or outdoor
storage, warehousing, distribution, or trans-shipment of raw materials, partially processed or finished
goods, manufactured products, or equipment. Typical facilities would include pipe yards, vehicle or heavy
equipment service and storage, lumber yards, storage/warehousing compounds or distribution centers.
Generally, no additional processing would occur on site.
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INDUSTRY, LIGHT - means the use of land, buildings, or structures for an industrial activity where activities
and uses are primarily carried on within an enclosed building and no significant nuisance factor is created
or apparent outside an enclosed building.
INDUSTRY, GENERAL - means the use of land, buildings, or structures for an industrial activity which does
not, in the Approving Authority's opinion, normally create a significant environmental impact or nuisance
such as noise, appearance, or odor, extending beyond the boundaries of the site in which the associated
activity takes place. These types of uses include manufacturing, storing, distributing, wholesaling, testing,
servicing, processing, repairing, or salvaging of goods and materials, excluding those uses specifically
outlined in Heavy Industry.
INDUSTRY, HEAVY - means the use of land, buildings, or structures for an industrial activity which, in the
opinion of the Approving Authority, creates significant adverse impacts beyond the boundaries of the site
on which the associated activity takes place due to appearance, noise, odor, emission of contaminants,
fire or explosive hazards, or dangerous goods.
INTENSIVE LIVESTOCK OPERATION means the concentrated rearing or confinement of livestock other than
poultry or swine, at densities greater than one (1) animal unit per three (3) acres. See Section 10.1 for
more details on animal units.
INTENSIVE POULTRY OPERATION means the concentrated rearing or confinement of three hundred (300)
or more poultry on a lot. See Section 10.1 for more details on animal units.
INTENSIVE SWINE OPERATION means the concentrated rearing or confinement of swine at densities
greater than the lesser of 1 animal unit per three (3) acres of land or fifteen (15) swine per lot. See Section
10.1 for more details on animal units.
INTENSIVE VEGETATION OPERATION means a system of tillage for the concentrated raising of specialty
crops for retail or wholesale distribution, including but not limited to tree farms, greenhouses, plant
nurseries, sod farms, berry farms, u-pick operations, and similar uses. This definition does not include
Cannabis Production.
INTERIM USE means the use of land that can be readily removed once the ultimate intended use of that
land is deemed appropriate, can be regulated under pre-established timelines under the land use controls
in effect and will not in any way adversely affect the ultimate intended use for the site. Interim uses may
include, but are not limited to indoor and outdoor storage, distribution, and any other use determined to
be appropriate by the Approving Authority.
INTERMUNICIPAL DEVELOPMENT PLAN Pursuant to Section 631 of the Municipal Government Act, this
plan is prepared to address planning and development issues within the fringe areas of two or more
adjacent municipalities.
INTERNAL SUBDIVISION ROAD means a municipal road, subject to the direction, control, and management
of the County, providing access to lots within a registered subdivision. This definition does not include
roads belonging to a condominium association as common property.
INTERPRETIVE PATHWAYS means defined linear trails or pathways with interpretive or educational signs,
art installations and/or benches or other outdoor furnishings.
K
KENNEL, COMMERCIAL means the keeping of 4 or more adult dogs not owned by the resident(s) of the
dwelling located on the same property for any purpose. More information on Kennels can be found in
Section 10.13 of this bylaw. For boarding of other animals, please see the definition for Animal Boarding
Services and addition information in Section 10.5 Animal Boarding Services.
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KENNEL, PRIVATE means the keeping of 4 or more adult dogs on a property that are owned by the
resident(s) of the dwelling located on the same property. More information on Kennels can be found in
Section 10.13 of this bylaw. For boarding of other animals, please see the definition for Animal Boarding
Services and addition information in Section 10.5 Animal Boarding Services.
L
LANDFILL means a waste management facility for the collection, storage, treatment, or disposal of any
solid or liquid material or product or combination of them that is intended to be stored, treated, or disposed
of, in accordance with Alberta Environment Approvals, permits and licenses.
LANDING, COVERED - A structure or platform with a roof, between flights of stairs or at the head or foot
of a staircase having an area not exceeding 2.2 sq. m. (23.7 sq. ft.). An uncovered landing is considered
part of the stairs and/or associated deck and must adhere to same development requirements.
LANDING, UNCOVERED - A structure or platform without a roof, between flights of stairs or at the head or
foot of a staircase having an area not exceeding 2.2 sq. m. (23.7 sq. ft.).
LANDSCAPING means the modification and enhancement of a property through the use of any or all of the
following elements:
-
soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass, and ground cover; and
-
hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile, and wood,
but including monolithic concrete and asphalt in the form of patios, walkways, paths but excluding
parking lots.
Landscaping does not include berming, grading, land leveling or recontouring that are considered
under the definition of Lot Grading. More information on landscaping can be found in Section 9.14
of this Bylaw.
LANE means a public thoroughfare with a right of way width not greater than 9m (29.52 ft.) and not less
than 6m (19.68 ft.) which provides a secondary means of vehicle access the rear or side of a Lot or Lots.
LARGE COMMERCIAL VEHICLE - See Commercial Vehicle, Large
LAUNDROMAT means a building or structure where coin-operated laundry machines, using only water,
detergents, and additives, are made available to the public for the purpose of laundry cleaning.
LAUNDRY AND DRYCLEANING means a building or part of a building used for the purpose of receiving
articles or goods of fabric to be subjected to the process of laundering, dry cleaning, dry dyeing, or cleaning
elsewhere, and for the pressing and distribution of any such articles or goods which have been subjected
to any such process and shall include a self-service laundry and/or self-service dry cleaning.
LETTER OF COMPLIANCE means a letter issued by the Planning and Development Department indicating
that a property complies with setback regulations of the County's Land Use Bylaw. More information on
Letter of Compliance provisions can be found in Section 5.13 of this Bylaw.
LIBRARY AND EXHIBIT means development for the collection of literary, artistic, musical, and similar
reference materials in the form of books, manuscripts, recordings and films for public use, or a
development for the collection, preservation and public exhibition of works or objects of historical,
scientific, natural, or artistic value. Typical uses include public libraries, museums, art galleries, botanical
gardens, arboreta, and archaeological and cultural exhibits.
LICENSED means "licensed premises" as defined by the Alberta Gaming, Liquor and Cannabis
Commission.
LIQUOR SALES means for the wholesale or retail sale or distribution to the public of any and all types of
alcoholic spirits or beverages as defined by the Alberta Gaming, Liquor and Cannabis Act.
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LIVE/WORK UNIT means a building or spaces within a building used jointly for business and residential
purposes.
LIVESTOCK means animals kept or raised for use, for profit, or for pleasure; including but not limited to
beefalo, buffalo, camels, cattle, elk, goats, horses, llamas, mules, rabbits, sheep, poultry, swine, and
zebras. More information on Agricultural uses and Livestock Regulations can be found in Section 10.1 of
this bylaw.
LOT means:
-
a Quarter Section.
-
a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a Land
Titles Office.
-
a settlement lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in
a Land Titles Office.
-
a part of a parcel of land described in a Certificate of Title if the boundaries of the part are
described in the Certificate of Title other than by reference to a Legal Subdivision; or
-
a part of a parcel of land described in a Certificate of Title if the boundaries of the part are
described in a Certificate of Title by reference to a Plan of Subdivision.
LOT AREA means the total surface area of a Lot.
LOT COVERAGE means the area of a lot which a building or group of buildings with their accessory buildings
and impervious surfaces cover.
LOT, CORNER means a lot where two or more adjoining property lines abut a road or a highway.
LOT GRADING means any work, operation or activity that results in a disturbance of the earth including the
removal of top soil or borrow, borrow pits, berming, excavating, trenching, backfilling, filling, land leveling,
re-contouring and, grading other than for building purposes but does not include aggregate extraction,
commercial logging, tree clearing, landscaping, dugouts/private dams, ornamental ponds, man-made
water bodies, private, storm water ponds, or lagoons for the purpose of processing wastewater as defined
by this Bylaw. More information on Lot Grading can be found in Section 9.17 of this bylaw.
M
MAN-MADE WATER BODIES, PRIVATE means a man-made water body created for landscaping purposes,
or private, active, or passive recreational use, having a depth of 1m (3.28 ft.) or greater but does not
include a dugout or storm water management facility.
MANUFACTURED HOME See Dwelling, manufactured home.
Figure 2.5A
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MANUFACTURING, LIGHT means the assembling of goods, products, or equipment whose activities are
primarily carried on within an enclosed building and no nuisance factor is created or apparent outside of
the building.
MANURE STORAGE FACILITY means a storage facility for manure that is livestock excreta, associated feed
losses, bedding, litter, soil, and wash water, but does not include manure to which the Fertilizers Act
(Canada) applies. A Manure Storage Facility will require authorization through the Natural Resources
Conservation Board.
MINI STORAGE See the definition for Commercial Storage and refer to Section 10.16 Commercial Storage.
MINIMUM SEPARATION DISTANCE (MDS) The Agricultural Operations Practices Act determines the
minimum distances required from the outside walls of neighboring residences to the point closest to
manure storage facilities or manure collection areas. More information on Minimum Separation Distance
is included in Section 9.27.29through Section 9.27.31.
MIXED-USE BUILDING means a building used partly for residential use and partly for commercial use.
MIXED-USE DEVELOPMENTS means a parcel of land or building, or structures developed for two or more
different uses that may include uses such as residential, office, manufacturing, retail, public, or
entertainment.
MOBILE BUTCHER LICENSE is a Provincial license that enables the license holder to slaughter or assist in
slaughtering animals on the animal owners' premises whereby, the meat can only be consumed by the
owners of the animal and members of the owner's immediate family in accordance with Provincial Meat
Inspection Regulations. Mobile butcher licenses operate under Provincial jurisdiction and are not subject
to Municipal Regulation, however a Foothills County Business License is required to operate in Foothills
County.
MOBILE SALES VEHICLE means a business operated from a licensed vehicle or mobile trailer which is
established at a location on a temporary basis for the purpose of sale of goods, merchandise, and/or food
and includes but is not limited to Mobile food sales, and Food Trucks.
MOTEL means a development that provides temporary sleeping accommodation for the travelling public
in rooms or suites, each of which has direct access to outside and an adjacent parking stall.
MOTOR VEHICLE means a motor vehicle that, at the point of its original manufacture, meets the definition
as defined in the Traffic Safety Act.
MOTOR VEHICLE, UNREGISTERED AND/OR INOPERATIVE means a motor vehicle as defined by this Bylaw
that is either not registered through the Traffic Safety Act or is inoperative, or both. For the purposes of
this definition, inoperative means the motor vehicle cannot be used in its present condition for the purpose
for which it was manufactured.
MOBILE HOME See dwelling, mobile home.
MUNCIPAL GOVERNMENT ACT Provincial legislation by which municipalities in Alberta are governed. The
MGA sets out the legislated roles and responsibilities of municipalities and elected officials.
MUNICIPAL (SCHOOL) RESERVE LAND A subdivision authority may require the owner of a parcel of land
that is the subject of a proposed subdivision to provide part of that parcel for park or school purposes.
MUNICIPAL ROAD means a public road, street, or undeveloped road allowance that is subject to the
direction, control, and management of the County.
MUNICIPAL ROAD, MAJOR means a municipal road, subject to the direction, control, and management of
the County, designed for higher traffic volumes providing access to local and regional areas.
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MULTIPLE POTENTIAL USE DEVELOPMENT PERMIT: A development permit that may be approved in
Commercial, Industrial or Agricultural Business land use districts which contemplate a number of potential
future uses and allows for future occupants/tenants to occupy the development and operate a business
with a Change in Use or Intensity Permit rather than a development permit if the use proposed is
contemplated under the Multiple Potential Use Development Permit and provisions under Section 9.30 of
the Land Use Bylaw are met.
MUNICIPALLY OPERATED WASTE MANAGEMENT FACILITIES means facilities for Waste Management,
Major or Waste Management, Minor that are operated by the County or group of municipalities, and/or an
organization formed involving more than one municipality, for the purpose of waste management minor,
and /or waste management major.
MUSEUM/ART GALLERY means "a non-profit making, permanent institution in the service of society and
its development, and open to the public, which acquires, conserves, researches, communicates and
exhibits, for purposes of study, education and enjoyment, material evidence of people and their
environment". (International Council of Museums and Alberta Museum Association) This definition
includes art galleries with collections of works of art as well as museums with historical collections of
objects.
N
NATURAL RESOURCE EXTRACTION An enterprise which is governed by natural geographic or geological
feature and may include but is not limited to the extraction and processing of mineral deposits, petroleum
and natural gas, or sand and gravel deposits. More information can be found on provisions pertaining to
Natural Resource Extraction in Section 10.17.
NATURAL SCIENCE EXHIBITS means development for the preservation, confinement, exhibition or viewing
of plants, animals, and other objects in nature. Typical facilities would include zoos, botanical gardens,
arboretums, planetariums, aviaries, and aquariums.
NET LOT AREA means the area of a lot after any reduction in size due to the taking of additional lands for
public use by the County, Provincial or Federal agency or a public utility by dedication, expropriation, or
purchase of land.
NON-CONFORMING BUILDING means a building that is lawfully constructed or lawfully under construction
at the date a land use bylaw affecting the building or the land on which the building is situated becomes
effective, and that on the date the land use bylaw becomes effective does not, or when constructed will
not, comply with the land use bylaw. More information pertaining to non-conforming buildings and uses
can be found in Section 1.8 of this bylaw.
NON-CONFORMING USE means a lawful specific use being made of land or a building intended to be made
of a building lawfully under construction at the date a land use bylaw affecting the land or building
becomes effective, and that on the date the land use bylaw becomes effective, does not, or in the case of
a building under construction will not, comply with the land use bylaw. More information pertaining to non-
conforming buildings and uses can be found in Section 1.8 of this bylaw.
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses. This could include that which creates
or is liable to create a nuisance through emission of noise, smoke, dust, odor, heat, light, fumes, fire, or
explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste, or other
materials; poses a hazard to health and safety; or adversely affects the amenities of the neighborhood or
interferes with the rights of neighbors to the normal enjoyment of any land or building. Businesses
operating within the parameters of their approvals are not presumed to be creating nuisances.
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O
OFFICE See definitions for Home Office and Business Office.
OILFIELD WASTE MANAGEMENT means an operation that is approved under the Oil and Gas Conservation
Act and the regulations under that Act to process, treat, dispose of, store, or recycle oilfield waste.
ON-FARM SLAUGHTER LICENSE is a Provincial license that enables on-farm uninspected slaughter and
processing activities on the license holder's property in accordance with the Provincial Meat Inspection
Act and Regulations. On Farm Slaughter licenses operate under Provincial jurisdiction and are not subject
to Municipal regulation.
OPEN AIR PERFORMANCE AND ART SPACES means spaces designated for the production, installation,
observation, documentation, and enjoyment of works of art in any medium, including but not limited to,
sculpture, painting, printmaking, textiles, photography, installation art, performance, dance, theater,
music, film, video, digital media, and other means of electronic and mechanical production, both
permanent and non-permanent.
ORGANIZATION means a social unit of people that is structured and managed to meet a need or
to pursue collective goals.
ORNAMENTAL POND means a man-made water body created for landscaping purposes having a depth
shallower than 1m (3.28 ft.) but does not include storm water management facilities. More information
on regulations around man-made water bodies can be found in Section 9.18 of this Bylaw.
OUTDOOR CAFE means a facility where food or beverages are served or offered for sale for consumption
on or within a portion or portions of such facility that are not contained within a fully enclosed building.
OUTDOOR DISPLAY AREA means a portion of a lot used for exhibiting in an orderly manner, completely
assembled, or finished products sold by an approved retail business located on the same lot.
OUTDOOR STORAGE means the accessory storage of equipment, vehicles, goods, and materials in the
open air where such storage of goods and materials does not involve the erection of permanent structures
or the material alteration of the existing state of the land. This does not include Recreation Vehicle Storage.
OUTLINE PLAN A non-statutory plan that is used as a guideline for the subsequent redesignation,
subdivision, and development of an area of land.
P
PARENT PARCEL(S) The parcel(s) of land which is/are subject to an application for subdivision.
PARK means any outdoor amenity or facility on public land, specifically for passive or active recreation
including tot-lots, playgrounds, walkways, trails, environmentally significant areas, band stand, forest
reserve, wildlife sanctuary, greenbelts, conservation areas, buffers, nature interpretation areas, and
similar land uses. It includes all natural and man-made landscaping, facilities sports fields, accesses,
trails, buildings, and structures consistent with the general purpose of public park land whether or not
such recreational facilities are publicly operated or operated by other organizations pursuant to
arrangements with the public authority owning the park. This includes a broad range of accessory uses,
including commercial, which serve park users and are compatible with park objectives.
PARK MODEL means portable structure designed and built to be transported on wheels, intended for
seasonal, vacation or recreational occupancy that is not self-contained. It is designed for park camping
only, and while it is easily moved from site to site, as a normal recreational vehicle, it is not capable of "dry
camping" as it does not have any water or sewer storage tanks and must be used with hookups. It is not
a Dwelling, Manufactured Home or Dwelling, Mobile Home.
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PARKING AREAS AND STRUCTURES means an area or areas of land or a building or part thereof which is
provided and maintained upon the same lot or lots upon which the principal use is located for the purpose
of storing motor vehicles.
PARKING STALL means a space set aside for the parking of one vehicle. More information can be found
on Parking and Loading facilities in Section 9.19 of this bylaw.
PATIO means a structure with the top of the floor less than 0.6m in height above finished grade without a
roof or walls which is designed and intended for use as an outdoor amenity area. See Section 4.2.1 for
information on exemptions to Development Permit requirements for patios and Section 9.27 Special
Setback Requirements for more information on setback requirements.
PERMITTED USE - GENERAL means the use of land or building provided for in this Bylaw for which the
Approving Authority must, if the application conforms to this Bylaw, issue a Development Permit with or
without conditions.
PERMITTED USE - SITE-SPECIFIC means a use provided for in a Site-Specific Use Bylaw for which, the
Approving Authority must, if the application otherwise conforms to this Bylaw, issue a Development Permit
subject to the limitations outlined in the Site-Specific Use Bylaw.
PERSONAL SERVICE ESTABLISHMENT means uses that provide personal services to an individual that are
related to the care and appearance of the body or the cleaning and repair of personal effects. Typical uses
include but are not limited to barber shops, beauty salons, hairdressers, manicurists, aestheticians, tailors,
dress makers, shoe repair shops, dry cleaning establishments, and laundries but does not include health
services.
PLAY STRUCTURE means a structure that may contain ropes, ladders, swings, see-saws, slides, poles, and
other equipment and is used primarily for the purposes of recreation and play.
PORTABLE SIGN: a sign, regardless of how mounted or supported, capable of being moved and which is
not attached or affixed to a building or the ground.
POULTRY means chickens, ducks, geese and turkeys and game birds. More information on Agricultural
uses and Livestock regulations can be found in Section 10.1 of this bylaw.
PRINCIPAL means, when used to describe a use or building, the use or building that is naturally or normally
the primary use of a lot.
PRIVATE AMENITY SPACE means development of private open space reserved for private uses, for active
or passive recreational use and includes all natural and man-made landscaping, facilities, playing fields,
buildings, and other structures that are consistent with the general purpose of private amenity space, the
open space and associated recreational facilities are privately owned, operated, and maintained by a
landowner, a homeowner's association, or a community association.
PROTECTIVE AND EMERGENCY SERVICE means a facility providing protection of persons and property from
injury, harm, or damage, together with incidental storage of emergency equipment which is necessary for
the distribution of services. Typical uses include police, fire, and ambulance stations.
PUBLIC MARKET means the use of a building, structure, or lot for the purpose of selling any or all of the
following: produce, meat, fish, seafood, flowers, and crafts and may include retail stores and restaurants.
This use does not include cannabis sales.
PUBLIC OR QUASI-PUBLIC INSTALLATIONS AND FACILITIES means a building, plant works, equipment
system or service owned, operated, or enfranchised by the County, Province of Alberta, or Government of
Canada.
PUBLIC WORKS means any work or development carried out in connection with the construction,
operation, maintenance, or upgrading of municipal roads; municipally owned sand and gravel pits and
other similar operations; and communal water and/or wastewater and stormwater systems (whether
municipal, or private systems authorized by the Province and County).
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Q
QUALIFIED PROFESSIONAL An individual with specialized knowledge recognized by the County and/or
licensed to practice in the Province of Alberta. Examples of qualified Professional include, but are not
limited to, Agrologists, Engineers, Geologists, Hydrologists, and Surveyors.
R
RADOMES means a protective dome shaped structure meant for housing one or more satellite dishes,
made of material with no attenuating properties that would affect electromagnetic signals to and from the
satellite dish (es).
REAL PROPERTY REPORT means a legal document that clearly illustrates the location of significant visible
improvements relative to property boundaries that takes the form of a plan or illustration of the various
physical features of the property, including a written statement detailing the surveyor's opinions or
concerns.
REARING OF LIVESTOCK means the raising, bringing up, breeding, and fostering of livestock in conjunction
with one another. More information on Agricultural uses and Livestock regulations can be found in Section
10.1 of this bylaw.
RECREATION COMMUNITY means development for recreation, social or multi-purpose uses primarily
intended for local community purposes. Typical uses include but are not limited to community halls, non-
profit social, service, and outdoor recreation clubs, and centres operated by a local community association.
RECREATION, PASSIVE means opportunities for low-impact, non-motorized activities that occur in a natural
setting which require minimal development or facilities, and the importance of the environment or setting
for the activities is greater than in developed or active recreation settings.
RECREATIONAL CABIN, PRIVATE means a dwelling unit used on a non-permanent basis for recreational
activity and accommodation. A Recreational Cabin, Private is not to be used as a permanent residence or
for any commercial purposes including Airbnb or other short-term rental.
RECREATIONAL RESORT means a commercial development which allows for leisure and vacation
accommodation in association with indoor, outdoor, or passive recreation and other amenities which form
an integral part of the development.
RECREATION, INDOOR means development providing facilities within an enclosed building for sports and
active recreation where patrons are predominantly participants, and any spectators are incidental and
attend on a non-recurring basis. Typical facilities would include athletic clubs; health and fitness clubs;
curling, roller skating and hockey rinks; swimming pools; paint ball facilities; bowling alleys and racquet
clubs, indoor soccer fields. This does not include minor or major gaming facilities or arena-private; arena-
limited public; or arena-commercial for equestrian use.
RECREATION, OUTDOOR means development providing facilities that are available to the public at large
for sports and active recreation conducted outdoors. Typical facilities would include golf courses, driving
ranges, miniature golf establishments, ski hills, ski jumps, sports fields, outdoor tennis courts, unenclosed
ice surfaces or rinks, athletic fields, boating facilities, Scout/Guide camps, religious outdoor retreat camps
and parks, rifle and pistol ranges, and archery ranges. This does not include arena-private; arena-limited
public; or arena-commercial for equestrian use.
RECREATION VEHICLE means a portable structure designed and built to be carried on a vehicle or to be
transported on its own wheels and which is intended to provide temporary living accommodation for travel
or for recreation purposes and which does not need any special licence or permit to travel on the public
road systems other than a usual trailer or vehicle licence, and without limiting the generality of the
foregoing, includes such vehicles as a motor home, a camper, a travel trailer, a tent trailer, or boat but
does not include a Dwelling, Manufactured Home; Dwelling, Mobile Home or Park Model.
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RECREATIONAL VEHICLE SALES means the storage or display for sale of more than three new or used
recreation vehicles. This may include the sale of livestock trailers, fifth wheels, motor homes, campers,
travel trailers, tent trailers, boats, and ATV's.
RECREATION VEHICLE STORAGE means a development for the purpose of storing recreational vehicles.
No onsite occupancy or repair of recreational vehicles or said vehicles is permitted. For clarification, this
does not include the storage of fleet vehicles as part of a business. More information related to
Recreational Vehicle Storage can be found in Section 10.18 of this Bylaw.
RECYCLEABLE MATERIAL AREA means an area for receipt and recycling of things such as used tires, white
goods, scrap metals, wood, concrete and asphalt, drywall and shingles, agricultural plastics, yard waste,
used oil, batteries, subsoil, clean fill, and hydrocarbon contaminated soils.
RECYCLING COLLECTION POINT means a primary or incidental use that serves as a neighborhood drop-off
point for the temporary storage of recoverable materials. No permanent storage or processing of such
items is allowed.
RECYCLING DEPOT means development used for the acceptance and temporary storage of bottles, cans,
tetra-packs, newspapers, and similar household goods for reuse, where all storage is contained within an
enclosed building. It may include a container yard for recycling bins.
RELIGIOUS ASSEMBLY means development used for worship and related religious, philanthropic, or social
activities and includes accessory rectories, manses, meeting rooms, classrooms, dormitories, and other
buildings. Typical facilities would include churches, chapels, mosques, temples, synagogues, parish halls,
convents, and monasteries.
RENEWABLE NATURAL GAS (RNG) is biogas that has been upgraded for use in place of fossil natural gas.
RESIDENTIAL CARE FACILITY means a residential facility which provides shelter and living assistance for
three or more persons in sleeping units with or without kitchenettes and may include meals, housekeeping,
personal care, transportation, pharmaceutical, and recreation services. Such facilities may also contain
shared kitchen and dining areas, restaurant, personal service, and convenience store uses.
RESTAURANT means an establishment where food is prepared and served on the premises for sale to the
public. Ancillary activities may include entertainment and the serving of alcoholic beverages when licensed
by the Alberta Gaming, Liquor and Cannabis Commission.
RESTAURANT, DRIVE IN See Food Service, Drive In.
RETAIL GARDEN CENTRE means a development providing for the retail sale of bedding, household and
ornamental plants, and associated merchandise, and may include display gardens, but does not include
on-site outdoor and indoor cultivation or propagations of plants. This use does not include cannabis
production or cannabis sales.
RETAIL STORE means the use of a building or a portion thereof for the sale or display of merchandise to
the public and includes the storage of merchandise on or about the premises in quantities sufficient only
to supply the establishment but does not include grocery store, liquor sales, or cannabis sales.
RETAINING WALL means a structure constructed to withstand lateral pressure in order to hold back earth,
loose rock, or similar materials.
RIPARIAN AREAS means lands adjacent to a watercourse where the vegetation and soils show evidence
of being influenced by the presence of water, the green zone around a watercourse, and the transitional
zone between surface water and drier uplands which plays a vital role in the healthy functioning of both.
RIPARIAN MATRIX MODEL means a scientifically based model supported by the County to assist in the
protection of shorelines, water quality and riparian areas, while allowing for development to occur in a
sustainable manner by establishing appropriate setbacks for development from important riparian areas.
More information on the riparian matrix model can be found in Appendix F.
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S
SALVAGE FACILITY a place where second-hand goods, including furniture, books, toys, clothing, building
material, and other salvageable items are collected to be sorted and stored for sale or resale.
SAND & GRAVEL OPERATIONS means those operations engaged in the extraction of sand and gravel which
may include washing, crushing, stockpiling, concrete plants, and asphalt plants.
SATELLITE ANTENNA means a three axis, parabolic, tracking antenna and attendant processing equipment
for reception and transmission of electromagnetic radio signals from and to orbiting satellites.
SATELLITE DISH means an accessory use or structure where a parabolic "dish" shaped structure is used
for the transmission and reception of high frequency electromagnetic waves that are transmitted from an
orbiting satellite. More information can be found in Section 10.21 of this bylaw.
SCALE HOUSE means an office, located a short distance from the main entrance, where all incoming
vehicles must stop to be weighed or measured and receive a disposal ticket.
SCREENING means a fence, earth berm, hedge or trees used to visually and/or physically separate areas
or functions. Refer to Section 9.14 Landscaping, Fencing and Screening and Appendix G Screening
Standards for more information.
SEA-CAN (sea-can, intermodal shipping container, cargo container, steel container, and railway car) means
an intermodal shipping container off a chassis that was originally used for the shipping of goods, which is
now used as an accessory building. A chassis may be defined as a wheeled structure which the Sea-can
may be affixed to for the purposes of vehicular transportation. Additional information on how Sea-cans
relate to accessory building regulations can be found in Section 9.2 of this bylaw. Information on signage
on Sea-cans can be found in Section 9.24 of this bylaw.
SECONDARY SUITE, DETACHED means a Dwelling, Secondary Suite, which is detached from and
subordinate to, the principal dwelling located on the same parcel. A Secondary Suite, Detached may be a
stand-alone suite or a suite within or attached to, an accessory building or detached garage on the same
parcel as the principal dwelling and shall be constructed in accordance with all provisions under Section
10.26.
SECONDARY SUITE, PRINCIPAL means a dwelling, Secondary Suite, located within the principal dwelling
unit, in an extension or addition to the principal dwelling, or above a garage attached to the principal
dwelling in accordance with Section 10.26 of this bylaw.
SERVICE STATION means the servicing and minor repairing of vehicles, including the sale of fuel,
lubricating oils, and minor accessories. This use may also include a truck stop.
SETBACK means the distance which a building or other structure is to be removed from a property line, a
street or road, a river or stream, a shore or flood plain, or any a place which needs protection.
SEWAGE LAGOON means an artificial pool constructed for storage and treatment of sewage. More
information on regulations related to man-made water bodies can be found in Section 9.18 of this Bylaw.
SHOW HOME means the use of an unoccupied residential building as a sales office for a builder and/or
as a facility to demonstrate a builder's construction quality, design options or methods.
SIGN means any device or structure used for the display of advertisements, pictures and/or messages
and without, in any way, restricting the generality of the foregoing, includes posters, notices, panels and
boarding. More information and specific definitions for signage can be found in Section 9.24 of this bylaw.
SITE PLAN means a plan showing the boundaries of a lot, the location and use of all existing and proposed
buildings upon that lot, the use or intended use of the portions of the lot on which no buildings are situated,
the fenced, screened, and grassed areas, and the location and species of all existing and proposed shrubs
and trees within a development.
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SITE-SPECIFIC USE BYLAW means a bylaw which amends this Bylaw to make provision for a site-specific
permitted or discretionary use to be carried out on a specified lot subject to any limitations contained in
the bylaw.
SOLAR POWER SYSTEM, PRIVATE means any device used to collect sunlight that is part of a system used
to convert radiant energy from the sun into thermal or electrical energy for a single landowner, resident,
business, or occupant of a site, for personal, domestic, business use, and/or agriculture uses on-site.
Annual electricity produced for the site is generally expected to be equal to consumption. More
information can be found in Section 10.22.
SOLAR POWER SYSTEM, COMMERCIAL any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy for uses not located on-site (the lands
containing the system and/or adjacent lands owned by the same owner) or for distribution and/or sale off-
site. More information can be found in Section 10.22.
SOLID FENCE means a fence, as defined under this bylaw, constructed out of solid material (including
chain link fence with slats) which acts as a visual barrier providing 50% or greater concealment through
any openings or spaces in every segment of the fence.
SPECIAL CARE FACILITY means a building or portion thereof which provides for the care or rehabilitation
of one or more individuals in the case of a half-way house for five or more individuals in all other cases,
with or without the provision of overnight accommodation, and includes nursing homes, geriatric centers
and group homes but does not include hostels, child care facilities, and senior citizens housing.
SPECIAL EVENT shall mean any event or activity, whether indoors or outdoors, which is held at any place
within the County and to which members of the public are invited or admitted, whether or not an admission
fee is charged, but shall not include family gatherings, community-sponsored events such as Christmas
parties, breakfasts, card parties, or other similar social functions. More information on special events can
be found in the Special Events Bylaw 66/97" attached as Appendix H of this bylaw.
STORAGE COMPOUND - an adequately screened area of a site set aside for the storage of products, goods,
vehicles, or equipment in relation to a primary use located and approved on the same site.
STORAGE FACILITY: see Commercial Storage, Warehousing and Storage, and Industrials Storage and
Warehousing.
STORM WATER POND means a catchment area for storm water and surface drainage created by either
constructing an embankment or improvement and may be used for flood and downstream erosion control.
More information on regulations related to man-made water bodies can be found in Section 9.18 of this
Bylaw.
STRUCTURE means a building or other thing erected or placed in or on, over or under land, whether or not
it is so affixed to the land as to become transferred without special mention by a transfer or sale of the
land.
SUB-DISTRICT "A" means the subject lands require special consideration due to physical constraints and
environmental characteristics, thus a Development Permit is required prior to any development on the
lands as per Section 2.4 of this bylaw.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the Board appointed by Council in accordance
with the Municipal Government Act and Municipal Bylaw 01/99.
SUBDIVISION APPROVING AUTHORITY The authority authorized by the County Council to exercise
subdivision powers and duties on behalf of the County. More information can be found on the Subdivision
Approving Authority in Section 3.2 of this bylaw.
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T
TELECOMMUNICATION TOWER means a structure for transmitting or receiving television, radio, telephone,
internet, or other electronic communications which is regulated by Canada Innovation, Science and
Economic Development (ISED). Section 10.23 of this Land Use Bylaw and Appendix B give further detail
on Telecommunication Towers.
TEMPORARY ARTIST ACCOMMODATION means structures or spaces/units within structures, either
permanent or temporary intended to be occupied or used by one or more persons, including artists or
visitors to an Art Centre for overnight accommodation for a limited period of time - visitor stays not to
exceed 180 days per year. This accommodation may include a communal kitchen serving several units
within a structure or individual kitchens to serve each unit.
TEMPORARY FARM HELP ACCOMMODATION means a separate Dwelling unit or Dwelling, mobile home
used or intended to be used for seasonal accommodation or workers of the owner or operator of a farm
provided such seasonal employees perform their duties on such farm, and in which lodging with or without
meals is supplied to such employees.
TEMPORARY MANURE STORAGE means the storage of manure in a manure storage facility for a period
not exceeding seven (7) consecutive months within a three-year period regardless of the amount of
manure stored. More information on regulations related to manure storage can be found in Section 10.1
of this Bylaw.
TOP OF BANK means the upper valley break line or the line defining the uppermost or most obvious
topographical discontinuity in slope distinguishing between the upper plateau and the valley wall.
TOURIST HOME means a dwelling unit operated with the intent of a vacation rental or lease, on a short-
term basis, that is occupied by a guest or guests for a period not to exceed 30 days. Tourist homes are
categorized as follows:
a.
UNHOSTED accommodation whereby the dwelling owner/operator is not residing in the dwelling
during the period it is being occupied by guests.
b.
HOSTED accommodation whereby the dwelling owner/operator is residing in the dwelling during the
period it is being occupied by guests.
More information on Tourist Homes can be found in Section 10.25 of this bylaw.
TOURIST INFORMATION SERVICES AND FACILITIES means the use of a parcel of land or a building to
provide information to the travelling public and may include washrooms and picnic facilities.
TRUCK STOP means the provision of facilities including a service station and restaurant for the temporary
parking of licensed tractor/trailer units. A truck stop also may include convenience store and restaurant
facilities and may include overnight accommodation facilities solely for the use of truck crews.
TRUCK WASH (refer to Car/Truck Wash)
U
UNITS PER ACRE see gross units per acre.
UPCYCLING means to reuse (discarded objects or material) in such a way as to create a product of a
higher quality or value than the original.
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UTILITIES mean any one or more of the following:
-
systems for the distribution of gas, whether artificial or natural.
-
facilities for the storage, transmission, treatment, distribution, or supply of water.
-
facilities for the collection, treatment, movement, or disposal of sanitary sewage.
-
storm sewer drainage facilities.
-
systems for electrical distribution and lighting.
-
systems for telecommunications distribution, being telephone, internet, and cable TV.
UTILITY BUILDING means a building in which the proprietor of a utility company maintains or houses any
equipment used in connection with the utility.
UTILITY SERVICES, MAJOR means development for public or private utility infrastructure purposes which
is likely to have a major impact on the environment or adjacent land uses by virtue of their emissions,
effect, or appearance. Typical facilities would include sewage and/or water treatment plants, sewage
lagoons, dams, power generating stations, cooling plants, incinerators, and, and high voltage electrical
transmission towers.
UTILITY SERVICES, MINOR means development for public or private utility infrastructure purposes which
is both basic and common to the development of a County and has relatively minor impact on the
environment or adjacent land uses by virtue of their emissions, effect, or appearance. Typical facilities
would include natural gas lines and regulating stations, telephone exchanges and lines, water and sewer
lines, public roadways, local electrical transmission and distribution facilities, and television cable lines,
but excludes telecommunication towers but does not include an Anaerobic Digester Facility.
V
VARIANCE means a relaxation of the terms of the land use in accordance with Section 5.6 Variance of this
bylaw.
VEHICLE means a device on wheels, runners or tracks designed for the carrying of people or goods.
Vehicles include but are not restricted to automobiles, trucks, trailers, all-terrain vehicles, and
snowmobiles.
VEHICLE, LARGE COMMERCIAL see Commercial Vehicle, large.
VEHICLE SIGN: a sign that is mounted, affixed, or painted onto an operational or non-operational vehicle,
including but not limited to trailers with or without wheels, Sea-cans, wagons, motor vehicles, tractors,
recreational vehicles, mobile billboards, or any similar mode of transportation that is left or placed at a
location clearly visible from a highway.
VEHICLE TRIP means one motor vehicle travelling to and from a specific site. (round trip).
W
WAREHOUSING AND STORAGE means the use of a building and/or site primarily for the keeping of goods
and merchandise, excluding dangerous or hazardous materials, derelict vehicles, or any waste material.
WAREHOUSE SALES means a facility used for the wholesale or retail sale of a limited range of goods from
within an enclosed building where the size and nature of the principal goods being sold typically requires
a large floor area for storage and display. Typical uses include but are not limited to sales of furniture,
carpets, major appliances, and building materials. This use does not include the retail sale of food or of a
broad range of goods for personal or household use.
WASTE INCINERATION ENERGY RECOVERY means a waste management process that combusts waste to
produce energy but does not include an Anaerobic Digester Facility.
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WASTE MANAGEMENT MAJOR means the storage, processing, treatment, and disposal of solid and/or
liquid wastes, which may have adverse environmental impact on adjacent sites by virtue of potential
emissions and/or appearance. Typical uses (include but are not limited to):
-
Class II landfills,
-
Contaminated soil reclamation sites or oilfield waste management operations.
-
Waste transfer and compacting stations,
-
Recycling material areas and facilities (not including recycling collection points),
-
Household hazardous waste drop off areas.
-
Incinerators and waste incineration energy recovery operations, and
-
Wrecking and scrap metal yards.
WASTE MANAGEMENT MINOR means the storage, disposal and filling of clean clay, waste concrete and
paving materials, non-noxious scrap building materials, and similar non-hazardous wastes which normally
do not generate any environmental pollution to the site and surrounding lands.
WASTE TRANSFER STATION means a waste management facility where waste is collected and held for
removal and to an approved waste management or recycling facility.
WATERBODY means any bay, lake, natural watercourse, or canal, other than a drainage or irrigation
channel and may include wetlands and areas where the presence of water is intermittent, provided the
bed and shore are easily identifiable by reference to marked changes in vegetation caused by the presence
of water.
WATERCOURSE means any natural or artificial stream, river, creek, ditch channel, canal, conduit, culvert,
drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course either
continuously or intermittently and has a definite channel, bed and banks and includes any area adjacent
thereto subject to inundation by reason of overflow or flood water.
WETLANDS Areas that are inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support vegetation that is adapted for life in saturated.
WHOLESALE the sale of commodities to retailers or jobbers and shall include the sale of commodities for
the purpose of carrying on any trade or business even if the said trade of business is the consumer or end
user of the commodity.
WHOLESALE LANDSCAPE SUPPLY means the bulk distribution of landscaping materials to contractors and
jobbers, or to retailers for repackaging.
WIND ENERGY CONVERSION SYSTEM, PERSONAL means a single wind energy conversion system
developed to generate electrical power for a single landowner for domestic and/or agricultural uses. More
information can be found in Section 10.24.
Y
YARD A required open space unoccupied and unobstructed by any building or portion of a building above
the general ground level of the graded lot, unless otherwise permitted in this Bylaw. More information on
yard setbacks can be found in individual land use district regulations. Figure 9.27.10 A outlines how to
determine appropriate yard setbacks on corner lots with more than one road frontage.
YARD, FRONT That part of a lot which extends across the full width of a lot between the front lot
line that abuts a roadway and the nearest wall or supporting member of a building or structure
and shall be measured at right angles to the front property boundary.
YARD, REAR That part of a lot which extends across the full width of a lot between the rear lot line
and nearest wall or supporting member of a principal building or structure and shall be measured
at right angles to the rear property boundary.
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YARD, SIDE That part of a lot which extends from a front yard to the rear yard between the side lot
line of a lot and the nearest wall or supporting member of a building or structure and shall be
measured at right angles to the side property boundary.
YARD, SIDE EXTERIOR The side yard of a corner lot that abuts the longer of the two lot lines that
abut roadways. The yard, side exterior setback shall be the same distance as if deemed a front
yard setback to that particular type of road in the applicable district, however, does not impose a
rear yard on the opposite side as is the case of a front yard.
YARD, SIDE INTERIOR A side yard other than an exterior side yard.
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SECTION 3 APPROVING AUTHORITIES
3.1
DEVELOPMENT AUTHORITY
3.1.1
Pursuant to Section 623 of the Municipal Government Act, the office of
Development Authority is hereby established and shall be filled by a person or
persons to be appointed by the Chief Administrative Officer of the Foothills County
as appointed by Council and shall perform such duties as specified in this Bylaw
and the Municipal Government Act. The Development Authority shall:
a. keep and maintain for the inspection of the public during office hours a copy of
this Bylaw and all amendments thereto and ensure that copies of the same are
made available to the public at a reasonable charge.
b. keep and maintain for the inspection of the public during office hours, a register
of all applications for Development Permits including the decisions thereon and
the reasons therefore and all orders issued by the Approving Authority while the
development is active and for a period of seven years thereafter.
c. receive, consider, and decide on all applications for Development Permits,
except in Direct Control Districts, where Council will be the Approving Authority
pursuant to Section 641 of the Municipal Government Act.
d. advise applicants for Development Permits whereby the uses are neither
permitted uses or discretionary uses in the district in which the use is proposed
to be carried on, the option of applying to Council for an amendment to this
Bylaw.
e. sign and issue all Development Permits, notices and orders approved, given, or
issued by the Approving Authority.
f. Receive, consider, and decide on requests for time extensions to Development
Permits.
g. Receive, consider, and decide on applications for renewals of temporary
Development Permits provided that the applications are identical.
3.1.2
Council is the Development Approving Authority for all Development Permit
applications in Direct Control Districts, and in all other cases, the Development
Officer is the Development Approving Authority.
3.1.3
In the absence of the Chief Administrative Officer, Council may appoint a person or
persons to fill the office of the Development Approving Authority.
3.1.4
For the purposes of right of entry for land use matters, the Development Approving
Authority is hereby authorized to carry out the duties and powers of a Development
Officer pursuant to the Municipal Government Act.
PREAMBLE
This section of the Land Use Bylaw addresses the roles of the authorities in the approval and
appeal process.
Note: The text contained within this box does not form a part of the Land Use Bylaw and is only
provided as context for the reader.
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3.2
SUBDIVISION APPROVING AUTHORITY
3.2.1
Pursuant to Section 623 of the Municipal Government Act, Council is designated as
the Subdivision Approving Authority established by Bylaw 148/95 and shall perform
such duties as are specified in the said Bylaw and the Municipal Government Act.
3.3
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
3.3.1
Except as otherwise specified in this Bylaw, the Subdivision and Development
Appeal Board shall perform such duties as are specified in this Bylaw, the
Subdivision and Development Appeal Board Bylaw, and the Municipal Government
Act.
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PART 2 PLANNING & DEVELOPMENT
APPLICATIONS
SECTION 4 APPLICATION REQUIREMENTS FOR
DEVELOPMENT PERMIT AND LETTERS OF
COMPLIANCE
4.1
DEVELOPMENT PERMIT REQUIRED
4.1.1
Except as provided in Section 4.2.1 of this Bylaw, no person shall undertake any
development unless:
a. A Development Permit has first been issued pursuant to this Bylaw.
b. The development proceeds in accordance with the terms and conditions of the
Development Permit issued in respect of the development.
c. A Building Permit has been obtained when the Building Officer so requires.
d. All necessary plumbing, gas, septic and electrical permits have been issued.
4.2
NO DEVELOPMENT PERMIT REQUIRED
4.2.1
A Development Permit is not required with respect to the following developments
and/or uses but such developments and/or uses shall otherwise comply with the
provisions of this Bylaw and must be carried out or performed in accordance with
all other applicable legislation, regulations, and bylaws:
Access Road:
4.2.1.1
A private driveway developed on privately owned property for the purpose
of vehicular access. This does not preclude the requirement for an
approved legal, physical access and approved approach in accordance
with Section 9.1. See Section 9.1 Access to Property for more details.
PREAMBLE
This section outlines the requirements of a development application. It also lists circumstances,
activities, structures and/or developments that do not require the issuance of a development
permit, community consultation requirements, pre-application and formal review requirements
and supplementary requirements.
Note: The text contained within this box does not form a part of the Land Use Bylaw and is only
provided as context for the reader.
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4.2.1.2
The upgrading and/or surfacing of private driveways beyond the municipal
right of way so long as the upgrading or surfacing does not:
a.
Adversely impact the natural drainage direction or volume into, out
of, or through a property; and/or
b.
Adversely impact the natural drainage storage capacity of the
property.
Agriculture and Livestock:
4.2.1.3
Agricultural general uses in a District which lists Agricultural general as a
permitted use.
4.2.1.4
The keeping of no more than three (3) animal units on parcels between
three (3) and nine (9) acres,
a.
The keeping of no more than one animal unit per three (3) acres in
excess of nine (9) acres.
Table 10.1 A under Section 10.1Agricultural Uses and Livestock Regulations outlines
the number of animals equivalent to one animal unit.
4.2.1.5
In all Agricultural District, Agricultural Business District, and Direct Control
District parcels in which Agricultural, general operations are being
conducted, the number of animal units per acre is allowed to be exceeded
when confined on site for a period of no more than 30 consecutive days
for:
a.
Branding.
b.
Sorting.
c.
Herd health management.
d.
Market delivery; and
e.
When confined on site for a period of no more than 60 consecutive
days for calving and foaling.
4.2.1.6
On Agricultural District, Agricultural Business District, and Direct Control
District parcels, any construction, excavation, or other activity necessary in
order to enable the land to be used for Agricultural, General purposes,
except where:
a.
The site of the development is within the minimum setback distance
required to a Municipal Road or Provincial Highway.
(Please note, although you may not require a Development Permit by the
Foothills County, a roadside development permit may be required from
Alberta Transportation for any development within 300m (984.25 ft.) of a
Provincial Highway.)
b.
The construction, excavation or other activity is to construct or
accommodate the construction of a building to be used as a
Dwelling, Moved On, a Dwelling, Secondary Suite, or Dwelling,
Temporary.
c.
Construction involving a building to be used as an "arena, private",
"arena, limited public" or "arena, commercial" as defined under
Section 2.5 Definitions of this Bylaw in which case a Development
Permit is required; or
d.
For lot grading that may adversely impact the natural drainage
direction or volume into, out of, or through a property or the natural
drainage storage capacity of the property.
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e.
The placement of fill or topsoil on any site in excess of the limits
identified under 4.2.1.37.
Accessory Buildings/Structures:
4.2.1.7
A detached accessory building where it is accessory to a primary
residence:
a.
having an area 20.8 sq. m. (224 sq. ft.) or less, where an accessory
building is a permitted use in the land use district, including those
lands designated as Sub-district "A", Direct Control District, within
the Flood Hazard Protection Overlay, and/or within the Airport
Protection Overlay provided the structure does not result in the
cumulative accessory buildings on the property exceeding the size or
number of accessory buildings allowed under Table 4.2.1.7A, and
does not exceed to maximum permitted height under the designated
Land Use District or the Airport Protection Overlay, and
b.
having an area greater than 20.8 sq. m. (224 sq. ft.) where an
accessory building is a permitted use in the land use district and
does not exceed the cumulative size of accessory buildings allowed
under Table 4.2.1.7A except on any lands designated Sub-district
"A", Direct Control District, or Flood Hazard Protection Overlay, or
within lands defined under policy 11.2.4.2 within the Airport
Protection Overlay, or where the accessory building is being relocated
from another property. Relocation of structures requires a
Development Permit in accordance with Section 9.21 of this bylaw.
Table 4.2.1.7A
PARCEL SIZE
SIZE OF ACCESSORY BUILDING
Less than 1 acre
Maximum of two (2) buildings with a total cumulative size not to exceed
41.8 sq. m. (450 sq. ft.) accessory to the residence
1.0 - 1.99 acres in size
Maximum of three (3) buildings with a total cumulative size not to exceed
88.26 sq. m. (950 sq. ft.) accessory to the residence
2 - 2.99 acres in size
Maximum of three (3) buildings with a total cumulative size not to exceed
155.6 sq. m. (1,675 sq. ft.) accessory to the residence
3.0 - 4.99 acres in size
Maximum of four (4) buildings with a total cumulative size not to exceed
285.7 sq. m. (3,075 sq. ft.) accessory to the residence
5.0 - 9.99 acres in size
Maximum of four (4) buildings with a total cumulative size not to exceed
325.2 sq. m. (3,500 sq. ft.) accessory to the residence
10.0 - 14.99 acres in size:
Maximum of five (5) buildings with a total cumulative size not to exceed
380.9 sq. m. (4,100 sq. ft.) accessory to the residence
15.0 - 20.99 acres in size:
Maximum of five (5) buildings with a total cumulative size not to exceed
422.7 sq. m. (4,550 sq. ft.) accessory to the residence
21.0 acres and over in
size:
Maximum of six (6) buildings with a total cumulative size not to exceed
478.5 sq. m. (5,150 sq. ft.) accessory to the residence.
Agricultural District and
Agricultural Business
District Parcels
Any size accessory building to be used for agricultural, general purposes
on agricultural zoned parcels when an agricultural operation exists on the
property, in accordance with Section 4.2.1.7 of this Bylaw.
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4.2.1.8
The construction of a Dwelling, Attached where it is listed as a
discretionary use under the Residential Community District land use rules
and is contemplated in an approved Area Structure Plan/or Outline Plan.
4.2.1.9
Permanent dwellings are permitted up to two private garages, attached to
the permitted dwelling or detached, in addition to the accessory buildings
allowed under Section 4.2.1.7A, where:
a.
the total cumulative area of the garage(s) does not exceed 167.23
sq. m. (1,800 sq. ft)., on Agricultural zoned properties; or
b.
the total cumulative area of the garage(s) does not exceed 111.48
sq. m. (1,200 sq. ft.) on all other land use districts.
excluding any lands designated Sub-district "A", Direct Control District,
Flood Hazard Protection Overlay, or within lands defined under policy
11.2.4.2 within the Airport Protection Overlay, in which a Development
Permit is required.
4.2.1.10 Works of maintenance, repair, or alteration on a building, internally or
externally, if in the opinion of the Development Authority such work does
not include structural alterations or change the use or intensity of use of
the building.
4.2.1.11 The completion of a building which was lawfully approved whether or not it
was under construction at the date this Bylaw comes into full force and
effect, provided that:
a.
The building is completed in accordance with the terms and
conditions of any permit granted by the County.
b.
The building, whether or not a permit was granted or required, is
completed within a period of twelve (12) months from the date this
Bylaw comes into full force and effect.
4.2.1.12 The repair or replacement of a legal building that is damaged or
destroyed, provided that the original building was not a non-conforming
building, excluding any lands designated sub-district "A", Direct Control
District, Flood Hazard Protection Overlay, or within lands defined under
policy 11.2.4.2 within the Airport Protection Overlay.
4.2.1.13 On parcels 21 acres or more, one Sea-can, no larger than 48' in length
and 10' in width, is permitted per parcel, provided it meets the minimum
setback requirements.
Accessory Uses
4.2.1.14 The temporary storage of the following number of unoccupied recreation
vehicles on a parcel where a dwelling unit exists on site and the use is
listed as a Permitted Use,
a.
No more than five (5) unoccupied recreation vehicles on a parcel
where it is located outside of a Hamlet boundary.
b.
No more than one (1) unoccupied recreational vehicle on a parcel in
all other land use districts where listed as a permitted use.
c.
Notwithstanding Section 2.4.2 "Special Provision for Parcels with
Sub-districts", the above exemption to a Development Permit is
applicable on sub-district "A:" designated lands.
More information on storage of unoccupied recreation vehicles on property
can be found under Section 10.18 of this Bylaw.
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4.2.1.15 In the agricultural or country residential district, a maximum of one radio
antennas or internet towers per parcel, for personal user only provided
they meet the minimum setback distances for the appropriate land use
and height restrictions of 16m.
4.2.1.16 On an agricultural or country residential zoned parcel, a maximum of one
wind energy conversion system per parcel developed to generate electrical
power for a single parcel for domestic and/or agricultural uses.
4.2.1.17 A satellite dish used for personal use only provided:
a.
It meets the minimum building setback for the appropriate land use
district.
b.
It is within the maximum height restrictions of the appropriate land
use district; and
c.
It meets all provision outlined in Section 10.20 pertaining to satellite
dish, personal.
Provisions on Satellite dishes can be found under Section 10.21 of this
Bylaw.
4.2.1.18 Solar power system, private which meets the following criteria:
a.
The installation is to be used for on-site personal household,
business use, and/or agricultural purposes only and it meets all
other policies under Section 4.2.1.18.
b.
The solar array is mounted on the wall or roof of an approved
building, and:
i.
does not exceed the maximum building height when the array
is placed at its highest proposed angle; and
ii. all equipment meets all minimum setback requirements for
the applicable land use district.
c.
Solar array ground/pole/ or fence mounted, provided:
i.
solar panels and associated equipment for low-voltage
systems (for example but not limited to solar fence chargers,
trickle chargers, and gate systems) where the solar array is no
greater than 1m2 in size and all equipment does not exceed
the maximum building height when the array is placed at its
highest proposed angle; and
ii. solar panels and associated equipment where the solar array
is in excess of 1m2 but no greater than 10m2 in size and
meets the following.
a. does not exceed the maximum building height when
the array is placed at its highest proposed.
b. is setback 2X (double) the minimum side and rear
yard setback requirement for the applicable land use
district.
d.
The lot coverage, including all new structures constructed in
conjunction with the solar equipment does not exceed the overall lot
requirements for the site as outlined in the development
requirements of the applicable land use district.
e.
There is no alteration to drainage or the overland flow of water
within, or off of a property without prior approval from the County or
Alberta Environment.
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f.
The addition of any accessory building in conjunction with the array
(whether for mounting, battery storage, or similar purposes) which is
within the sq. ft. requirement allowed for accessory buildings under
Table 4.2.1.7 A.
g.
It meets all provisions outlined in Section 10.22 of this bylaw
pertaining to solar power system, private.
4.2.1.19 A home office situated in a dwelling where Home Office is listed as a
permitted use under the applicable land use district and is operated in
accordance with the Home Office definitions and provisions under Section
10.12 of this Bylaw, provided that an annual business license is obtained.
4.2.1.19.1
A Home Based Business Type I operating in accordance with
Section 10.12 of this bylaw where it is listed as a permitted
use under the appropriate land use district, provided an
annual business license is obtained.
Compost Activity:
4.2.1.20 No Development Permit approval is required for on-site household
composting or composting as part of agricultural, general use on a
property so long as:
a.
Material is not brought on site for the purpose of composting.
b.
Compost material is not removed from the property.
c.
The compost site is located within the building setback area on the
property in accordance with the applicable land use; and
d.
There is no offensive smoke, dust, odor, or heat produced by the
activity that extends beyond the boundary of the lot.
Provisions on composting activity can be found under Section 10.8 of this
Bylaw.
Demolition:
4.2.1.21 Demolition of a building as long as all other requirements of this bylaw are
complied with.
Dugouts/Private Dam:
4.2.1.22 A dugout or private dam on Agricultural district parcels when it is being
used for agriculture, general use so long as it complies with all other
requirements of this bylaw.
Provisions on dugouts/private dams and other man-made water bodies
can be found under Section 9.18 of this Bylaw.
Dwellings:
4.2.1.23 The construction of a first Dwelling, Single Family, Dwelling Manufactured
Home; or addition thereto where it is a permitted use and meets the
maximum allowable dwelling density under the applicable land use district
and the lot has legal physical access to an approved municipal road or
Provincial highway, excluding any lands designated Sub-district "A", Direct
Control District, Flood Hazard Protection Overlay, or within lands defined
under policy 11.2.4.2 within the Airport Protection Overlay.
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4.2.1.24 The placement of a Dwelling, Mobile Home on a parcel 80 acres or more
in size, where it is a permitted use and meets the maximum allowable
dwelling density under the applicable land use district in conformance
with Section 10.10 and has physical legal access to an approved
Municipal road or Provincial highway, excluding any lands designed Sub-
district "A", Direct Control District, Flood Hazard Protection Overlay, or
within lands defined under policy 11.2.4.2 within the Airport Protection
Overlay.
4.2.1.25 Where there is one other Dwelling Unit existing on a lot 32.37 ha (80
acres) or more in size (gross lot area), the construction of a second
Dwelling, Single Family or placement of a Dwelling, Manufactured Home,
or Dwelling, Mobile Home where it is a permitted use and meets the
maximum allowable dwelling density under the applicable land use
district, excluding any lands designated Sub-district "A", Direct Control
District, Flood Hazard Protection Overlay District, or within lands defined
under policy 11.2.4.2 within the Airport Protection Overlay.
Please note that Dwelling, Single Family or Dwelling, Manufactured Home
that have been previously lived in or used as a residence and is being
relocated to a new parcel is considered a Dwelling, moved on, and is not
included under Section 4.2.1 and shall require a Development Permit
Provisions on dwellings can be found under Section 10.10 of this Bylaw.
Fences/Gates:
4.2.1.26 The erection, construction or maintenance of post and rail fence, standard
wire fencing or other equivalent means of enclosure that do not create a
shelterbelt or visual barrier, located wholly within the lot, constructed in
accordance with all provisions of Section 9.14 of this bylaw.
4.2.1.27 On Commercial and industrial zoned properties, the erection, construction,
or maintenance of a chain link fence less than 2.44m (8 ft.) in height
located wholly within the lot.
4.2.1.28 The erection, construction or maintenance of a solid fence or similar
structural means of enclosure that may create a visual barrier (including
chain link fence with solid slats or equivalent), equal to or less than 2m
(6.56 ft.) in height, constructed in accordance with all other provisions this
bylaw, that meet the following criteria:
a.
located wholly within the lot, and is located no closer than:
i.
20 m (65.62 ft.) from the centerline of a municipal road or
municipal right of way.
ii. 25m. (82.02 ft.) from the centerline of a secondary highway
and Dunbow road; and
iii. 40m (131.23 ft.) from the ultimate right of way of any Primary
Highway; and
b.
meets the minimum setback requirements for fencing on corner lots,
in accordance with sub-section 9.27.9.
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4.2.1.29 A fence or other means of enclosure greater than 2m (6.56 ft.) in height,
constructed in accordance with all other provisions of this bylaw, for
livestock confinement or as a livestock wind break on Agricultural and
Agricultural Business District zoned lands where the fence is setback in
accordance with the minimum yard setback requirements for the
applicable land use district.
Keeping of Dogs:
4.2.1.30 The keeping of up to three (3) adult dogs over 6 months of age at any one
time, on a lot containing a dwelling.
Provisions on Keeping of dogs can be found under Section 9.12 and
information on Dog Kennels can be found under Section 10.13 of this
Bylaw.
Landscaping:
4.2.1.31 Landscaping, as defined by this bylaw, does not require a Development
Permit so long as it meets lot grading and all other requirements of this
bylaw.
Provisions on Landscaping can be found under Section 9.14 of this Bylaw.
Lot Grading:
4.2.1.32 The construction, maintenance, and repair of private walkways and private
driveways provided none of the work done adversely impacts the natural
drainage of the property. or affects the adjoining municipal road allowance
or highway driving surface.
4.2.1.33 The construction, maintenance, and repair of retaining walls provided:
a.
Retaining walls greater than 1m (3.28 ft) in height are designed by a
Professional Engineer.
b.
They do not encroach onto public land or into a utility right of way;
and
c.
They do not impede surface drainage.
4.2.1.34 The stripping or stockpiling of soil, construction or upgrading of municipal
roads, construction of internal roads, installation of utilities and grading of
the site whereby any such activities are carried out in accordance with the
approved subdivision or development permit provided it does not affect
the natural drainage. Please refer to Section 9.17 for more information on
lot grading and drainage of a lot.
4.2.1.35 Where lot grading is being carried out in accordance with an approved
Development Permit, servicing agreement or signed development
agreement between the owner/developer and the County on the subject
parcel.
4.2.1.36 Lot grading, which does not:
a.
Adversely impact the natural drainage direction or volume into, out
of, or through a property; or
b.
Adversely impact the natural drainage storage capacity of the
property.
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4.2.1.37 The placing of topsoil or fill on a property in accordance with provisions
under Section 9.17, provided there is no adverse impact on the natural
drainage direction or volume into, out of, or through the property or
adjacent land, or adverse impact on the natural drainage storage capacity
of the property, for the purposes of:
a.
The placing or replacing of sand and fill for the purposes of an indoor
or outdoor riding arena or
b.
Development of less than 1 acre, where the placing of clean topsoil
is for landscaping purposes as defined by this Bylaw, on parcels 1
acre in size and larger, no more than once annually; or
c.
The placing of up to 20 cubic yards of topsoil for the purposes of
landscaping as defined by this bylaw, on parcels under 1 acre in size
no more than once annually, or
d.
Development of less than 1 acre where the placing of up to 1.0m
(3.28 ft.) of fill, adjacent to or within 15m of a building under
construction that has a valid Building Permit; or
e.
The placement of fill or topsoil on any site in accordance with an
already approved Development Permit, Subdivision Approval, or
Development Agreement.
Provisions on lot grading and drainage can be found under Section 9.17
of this Bylaw.
Man-Made Water Bodies:
4.2.1.38 Man-made water bodies including:
a.
A dugout/private dam on Agricultural District parcels when it is being
used for agriculture, general use so long as it complies with all other
requirements of this bylaw.
b.
Construction or upgrading of an Ornamental Pond (shallower than
1m (3.28 ft.) so long as the construction will not adversely impact
natural drainage direction or volume nor adversely impact the
natural drainage storage capacity of the property and it meets all
other requirements of this bylaw.
c.
A storm water pond or lagoon for the purpose of processing
wastewater where the construction is in accordance with Provincial
approvals and approved under an approved Development Permit or
signed developer's agreement entered into between the
landowner/developer and the County.
so long as they are in compliance with all Provincial and Federal
requirements and regulations.
Provisions on Man-made water bodies can be found under Section 9.18 of
this Bylaw.
Signs:
4.2.1.39 Campaign signs for Federal, Provincial, Municipal, Regional Health
Authority or School Board elections on private property, to a maximum of
one (1) sign per lot provided that:
a.
Such signs are removed within seven (7) days after the election.
Candidates must ensure that the site is returned to its previous
condition; and
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b.
The consent of the property owner or occupant is obtained prior to
the signs being placed.
4.2.1.40 One sign per parcel, relating to the sale, lease or rental of a building or
land to which they are attached, provided that:
a.
The sign is not illuminated; and
b.
The sign shall not exceed 1.5 sq. m. (16 sq. ft.) in area, in a
Residential Community District; or
c.
The sign shall not exceed 3 sq. m. (32 sq. ft.) in area, in any other
District; and
d.
The sign shall not be greater than eight (8) ft. in height.
e.
The sign must be located entirely within the subject lands relating to
the sale, lease, or rental.
f.
The sign is removed within 14 days of the sale, lease, or rental.
4.2.1.41 Signs indicating the address and/or owner of a residence or the name of a
home based business, provided that the signs do not exceed 0.55 sq. m.
(5.92 sq. ft.). This sign is permitted to be placed at the entry of the
property, provided it is solely on the landowner's property and not in the
road right of way.
4.2.1.42 Signs indicating the name of the Development provided that they do not
exceed 2.32m. (25 sq. ft.) in area, and that they are located on lands
within that same Development, not within any Municipal or Provincial road
right of way, or as a means of advertisement on other lands located within
the County. Only one sign per Development is permitted.
4.2.1.43 Signs on land or buildings for religious, educational, cultural, recreational,
medical, or similar public or quasi-public purposes that relate to the use of
the land or buildings on which they are displayed, provided that:
a.
The sign shall not exceed 2.5m. (8 ft.) in height or 5.9 sq. m. (64 sq.
ft) in area; and
b.
There shall be a limit of one (1) sign per lot.
4.2.1.44 Temporary signs advertising sales displayed on the interior or exterior of
the building in which such sales will be or are being conducted and are
intended to be displayed for a short time period. Such advertisements
shall be removed within 14 days of the completion of said sale.
4.2.1.45 Temporary signs (no more than 14 days) with an area of less than 1.0 sq.
m. (11 sq. ft.) intended to advertise any local event being held for
charitable purposes, which may be religious, education, cultural, political,
social or recreation, but not for commercial purposes.
4.2.1.46 Gate signage is permitted on 21 acres or more and shall not exceed 1.0
sq. m. (11 sq. ft.).
4.2.1.47 One temporary sign, for the purposes of identification of and/or public
engagement for a proposed development, redesignation, subdivision, or
statutory plan proposal where:
a.
The sign does not exceed 3.0 sq. m. (32 sq. ft.) in area.
b.
The sign does not exceed 2.5m. (8 ft.) in height; and
c.
There shall be a limit of one (1) sign per lot.
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d.
The landowner must receive permission, through internal review by
the County, prior to this sign being installed on the subject lands.
(Review submissions must contain the location, dimensions, date of
installation and removal, and content of the proposed sign).
e.
The sign must be located entirely within the subject lands and shall
include contact information (website and/or valid phone number) for
enquiries/questions.
f.
The sign shall remain on site for a period of no more than 6 months.
4.2.1.48 Signs that require cleaning, repair, or repainting, provided that the sign is
not being changed from its original content and was originally approved
through a Development Permit or is a sign that meets one of the above
noted exemptions.
Provisions on Signage can be found under Section 9.24 of this Bylaw.
Patio/Decks:
4.2.1.49 Uncovered attached patios/decks at grade (less than 0.60m (2ft) above
grade) within 1m (3ft) of a side or rear yard in all land use districts.
Public Utilities:
4.2.1.50 The construction and maintenance of that part of a public utility placed in
or upon a public thoroughfare or public utility easement.
4.2.1.51 The use of land by the County or by other neighboring municipality and/or
organization involving more than one municipality, which the County or
neighboring municipality and/or organization involving more than one
municipality, is the legal or equitable owner for a purpose approved by a
simple majority vote of Council in connection with any public utility, public
facilities, public work or public or quasi-public installations and facilities
being carried out by the County or neighboring municipality and/or
organization involving more than one municipality, or their authorized
representative.
Temporary Uses:
4.2.1.52 The erection, construction or use of temporary facilities needed in
connection with construction, alteration, or maintenance of a building for
which a Development Permit or Building Permit has been issued if
removed within 30 days of project completion. The Development Authority
shall use their discretion in determining the appropriate number of
temporary facilities allowed on site. An example of applicable temporary
facilities may include, but are not limited to, construction trailers, portable
sheds, portable toilets, and electric generators.
4.2.1.53 The use of a building or part thereof as a temporary polling station for a
Federal, Provincial, or Municipal election, referendum, or plebiscite.
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Other:
4.2.1.54 The placement and erection of memorial, historical, cemetery markers or
monuments in the County.
4.2.1.55 The use of land by Education Services, in which the Educational Service
has the legal right to use the land for work or development being carried
out by the Educational Service, excepting out all buildings, in which case a
Development Permit is required as a permitted use to ensure appropriate
engineering and development standards are met.
4.2.1.56 Highways, roads, wells, batteries, pipelines, or other development
exempted under the Act, or any other development, which in the opinion of
the Development Authority is associated with the construction, repair, or
upgrade of said development.
4.2.1.57 Use of a building as a show home for a temporary period of 24 - 36
months, where a provision for show homes is included within an approved
Area Structure Plan or Area Concept Plan.
4.2.1.58 Operation of mobile sales vehicle or mobile trailer provided the mobile
sales vehicle meets all provisions under Section 9.29 Mobile Sales
Vehicles and operates on a site for no more than two hours per day
(unless otherwise authorized by the County or are operating under an
approved special event permit).
4.2.1.59 No Development Permit approval is required for an Apiary, provided the
hives meet the minimum setback distances for the principal building.
Apiaries on Agriculture District parcels are exempt from the setback
requirements provided they are wholly contained within the property.
4.2.1.60 No Development Permit approval is required for the keeping of backyard
hens, accessory to a principal dwelling, on parcels under 3 acres in size,
located outside of Hamlet boundaries in accordance with Section 10.27
provided all other requirements under the bylaw are met.
4.2.1.61 The placement of no more than one temporary storage container on a
property for up to 60 consecutive days per year. Such container shall
contain no explosives or flammables and shall be located on the site in a
location that meet the minimum setback distances for the appropriate
land use. An example of applicable temporary storage containers may
include but are not limited to Sea Cans.
4.2.1.62 Abattoir, Personal Use on lands where it is accessory to the principle use
on site and where livestock and/or backyard hens are permitted
(dependent on parcel size and land use district), provided all other
provisions of the land use bylaw are adhered to (i.e., number of animal
units permitted on site).
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4.3
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
4.3.1
A Development Permit shall be applied for by submitting to the Development
Authority a completed application for Development Permit on the prescribed form,
signed by the owner of the land concerning which the application is made, or his
authorized agent, accompanied by the fee required by the current Planning Fee
Schedule.
4.3.2
Applications for Development Permits shall be accompanied by the following
information:
a. A site plan with North at the top of the page showing:
i.
The entire parcel and any other land that may be used in conjunction with
the parcel for the proposed use. If additional lands are owned by others,
must include names and signed consent for proposed development.
ii. The legal land description.
iii. Dimensions of the parcel.
iv. Existing or proposed setbacks, easements or right of ways.
v. The location of all existing and proposed buildings, wells, septic tanks,
disposal fields, dugouts/private dams, lagoons, culverts, and crossings
that may be used in conjunction with proposed development.
vi. The height, dimensions, and relationship to property lines of all existing
and proposed buildings and structures including retaining walls, corrals,
trees, landscaping, curbs, gutters, sidewalks, and other built physical
features.
vii. Any significant natural features on or adjacent to the parcel.
b. Statements to fully describe the intensity of the development proposed
including:
i.
Full description of any proposed business, including what it is, how it
operates and the number of people to be employed.
ii. Product or service proposed if applicable.
iii. For products estimated amount that will be produced and method of
distribution.
iv. Engineering feasibility studies may be required.
v. Types and frequency of vehicle trips to and from the site.
vi. Number of daily site visits by non-residents of the parcel.
vii. Proposed days and hours of operation of proposed development.
viii. Storage area required for materials or finished product and provisions for
screening.
ix. If a proposed agricultural operation, number and type of trees, vegetables,
or animals to be produced or reared.
x. The number of events and/or clinics proposed to be held annually, if any,
including a detailed description of any such proposed events and/or
clinics.
xi. Proposed maximum number of occupants of any building involved in the
development at any one time.
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c. Engineering feasibility studies on water supply and treatment methods where
required.
d. Description of provisions for utilities and servicing including:
i.
Water -proposed source, treatment, delivery method, storage and how
much water will be required for development daily, weekly, or monthly.
ii. Wastewater - proposed collection system and treatment and discharge
methods.
iii. Natural Gas.
iv. Electricity.
v. Storm water management / drainage.
vi. Approaches or site access.
vii. Sidewalks.
viii. Curbs, gutters, and ditches.
ix. Solid waste management, including garbage and refuse storage areas, as
well as the fencing and screening proposed for same and methods of
disposal.
e. Description of any grading, land contouring or landscaping to be done.
f. Any technical studies deemed necessary by the Development Authority to
support the review of the Development Permit application. Appendix A of this
Bylaw references technical studies that may be required.
g. Detailed contour map (1m intervals) or profiles and cross-sections describing
the original ground level, the finished grade elevation, the proposed depth of
any excavation, the elevation of the water table as well as the depth of
overburden. Note that overburden refers to all soil and ancillary material above
the bedrock horizon in a given area if deemed necessary by the Development
Authority.
h. Provisions for parking and loading.
i.
Descriptions of any noxious, toxic, radioactive, flammable, or explosive
materials proposed.
j.
Methods of controlling noise, dust, odors, or drainage from the Lot, both during
and after completion of construction.
k. Description of landscaping and screening proposed for the site (i.e.: vegetation,
fencing) and any irrigation requirements.
l.
Description of any proposed signage and /or business identification including
illustrations and dimensions.
4.4
SUPPLEMENTARY REQUIREMENTS
4.4.1
In addition to the application requirements set out in Subsection 4.3, the
Development Authority may request supplementary information to support the
evaluation and assessment of a Development Permit application. A description of
potential supplementary requirements is found in Appendix "A."
4.4.2
In accordance with the Municipal Development Plan 2010, preparation, and
approval of supporting plans such as Area Structure Plans, Area Redevelopment
Plans, and Outline Plans may also be required prior to or concurrent with
applications for redesignation, land use amendment, and development.
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4.5
COMMUNITY CONSULTATION PROCESSES
4.5.1
Applicants are encouraged to carry out an appropriate community consultation prior
to submission of a development permit application as some types of developments
may have impacts on surrounding property owners. Applicants should consult with
the Development Authority for direction on the need for public consultation with
respect to your application.
4.5.2
The Development Authority may recommend the applicant of a discretionary land
use to undertake community consultation with all stakeholders and landowners
within one half mile (0.5 mile) radius from the parcel prior to an application being
made to the County if they feel that the use may have an impact on surrounding
property owners. For the purposes of this section, a one half mile radius is
considered to be the subject quarter section in which the parcel is located and each
of the eight (8) adjacent quarter sections.
4.5.3
Information pertaining to community consultation process undertaken by
applicants and landowners should be submitted with formal applications where
applicable including a summary outlining:
a. The manner in which community consultation was undertaken.
b. Who was notified of the community consultation and how notice was given.
c. What concerns and/or support was provided by the community.
d. What changes or amendments to the application were made based on the
feedback received.
4.6
PRE-APPLICATION MEETINGS AND FORMAL REVIEW
4.6.1
Pre-application meetings shall take place prior to acceptance of a formal
application between the Development Authority and the applicant and or
landowners, on new applications within the Highway 2A Industrial Area Structure
Plan Area unless Development Authority has granted a written waiver to such
requirement.
4.6.2
Pre-application meetings are encouraged between the Development Authority, the
applicant and or landowners, and staff from another municipality in which we have
a current Intermunicipal Development Plan, in cases where development is
proposed within an Intermunicipal Development Plan area.
4.6.3
Potential applicants are encouraged to have a pre-application meeting with the
Development Authority prior to submission of a formal application in order to:
a. Give the applicant an opportunity to communicate what is being applied for.
b. Review application requirements with the Development Authority; and
c. Evaluate how the application may or may not comply with the Bylaw and other
applicable statutory plans and county regulations. This process allows early
identification of potential issues with prospective applications. It is beneficial to
undertake this process before any major investments are made or the
proponent is strongly committed to the details of the proposal.
4.6.4
A formal staff review is required on the prospective applications prior to acceptance
of a completed application within the Highway 2A Industrial Area Structure Plan
area.
4.6.5
Requests for a formal review on the above noted applications shall be submitted to
the Development Authority with a completed application and all applicable
supporting information and documents as deemed necessary by the Approving
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Authority and shall include the applicable formal review fee as required by the
current Planning Fee Schedule.
4.7
TEMPORARY USE APPROVALS
4.7.1
A temporary use or development may only be permitted where the use or
development is a permitted or a discretionary use in that District.
4.7.2
A temporary Development Permit may permit a development or use to be carried
out for a specific period of time which may be limited by reference to a date or by
reference to the occurrence of an event.
4.7.3
Upon expiration of a temporary Development Permit, the development or use
thereby authorized shall cease to be carried on. All uses and/or buildings,
structures, equipment, and things erected, placed upon, or used in or upon lands
or buildings in connection with the development shall be removed from the lands
or buildings upon or in which the development was being carried out. The County is
not liable for any costs involved in the cessation or removal of the development at
the expiration of the time period stated in the permit.
4.7.4
An Approving Authority may require the applicant to enter into an agreement with
the County guaranteeing the removal of the temporary development or use when
the intended use is changed or discontinued and the estimated cost of site
remediation after removal of the development. This agreement may require the
applicant to post security, acceptable to the Approving Authority, guaranteeing the
removal of the development. Where buildings are involved, an Approving Authority
may require a security to be provided.
4.7.5
A temporary development permit may be renewed upon application to the
Development Authority, provided that no changes have been made to the original
application. The development shall not be carried on after expiration of the
development permit and prior to renewal of the Development Permit unless the
Development Authority has agreed to allow it to continue during the processing of
the renewal application.
4.7.6
When a permit for a temporary use expires, a new application is required. Such
application shall be dealt with as a new application and there shall be no obligation
to approve it on the basis that a previous permit had been issued.
4.7.7
In the case of Dwelling, Temporary, renewal applications shall only be permitted for
the time period identified in Section 10.10, to a maximum of a six year term at
which time they shall be considered as a new application.
4.8
LETTER OF COMPLIANCE
4.8.1
A Letter of Compliance is a letter issued by the Planning and Development
Department indicating that a property complies with setback regulations of the
County's Land Use Bylaw.
4.8.2
A request for a Letter of Compliance shall be made in writing to the Development
Authority and shall include:
a. Application fee required by the Planning Fee Schedule.
b. Legal description and property address.
c. Certificate of title (less than one year old).
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d. Certified Real Property Report (less than one year old) prepared by an Alberta
Land Surveyor, in duplicate at an appropriate scale, showing the details of the
development and the relation to property boundaries so that compliance with
setbacks and yard regulations may be determined; or
e. A Real Property Report (older than one year old), meeting all other criteria noted
in 5.13.2 (d), may be accepted only if it is accompanied by a signed and
witnessed affidavit stating that they have compared their knowledge of the
parcel to that shown on the RPR presented and the property is identical (no
additional buildings or development has been added and all setbacks remain
as noted on the real property report).
4.8.3
When processing a compliance letter, the Real Property Report is reviewed, and
then a letter is prepared advising if the buildings and structures shown on the
survey are either in compliance or not in compliance with development setbacks.
The Letter of Compliance does not evaluate the property for compliance to any other
aspect of the land use bylaw than setbacks of buildings to property lines.
4.8.4
A Development Authority shall rely on the Real Property Report and is not required
to undertake independent site inspections. A Development Authority shall not be
liable for any damages arising from the use of a Letter of Compliance where the
errors are the result of incorrect or incomplete information provided by the surveyor.
4.8.5
A Development Authority may issue a Letter of Compliance where a minor non-
compliance exists, no greater than 5% in Residential Community District and for
Country Estate District parcels 0.80 acres or smaller or 2.5% in all other land use
districts, subject to the provisions of Section 5.6 "Variances".
4.8.6
The location of all buildings as submitted on a real property report shall be
measured from the outside surface of the exterior walls and/or outside surface of
the foundation, to the boundaries of the property line.
4.8.7
For properties where a building is on a bareland condominium unit or where a
building condominium unit shares a common wall with a building on an adjacent
condominium unit, the side yard setbacks will not apply to the common wall side of
the structure as per Section 9.5.4. of the Land Use Bylaw.
4.8.8
On parcels of land that were located within the Village of Blackie prior to its
dissolution and incorporation into Foothills County's jurisdiction on August 31,
1997, and where a building was constructed in accordance with setbacks outlined
in the Village of Blackie Land Use Bylaw 1-1980 and amendments thereto, or in
accordance with a Development Permit or Building Permit issued by the Village of
Blackie, the setbacks are deemed to comply irrespective of whether they meet the
current setbacks outlined in this Bylaw.
Buildings that were constructed in the Village of Blackie prior to the adoption of
Bylaw 1-1980 adopted February 11, 1980, that do not meet current Foothills
County setbacks as outlined in this Bylaw are deemed non-conforming.
4.8.9
On parcels of land that were located within the Village of Cayley prior to its
dissolution and incorporation into Foothills County's jurisdiction on May 31, 1996,
and where a building was constructed in accordance with the setbacks as set out
in the Hamlet of Cayley Land Use Bylaw 229 and amendments thereto, or in
accordance with a Development Permit or Building Permit issued by the Village of
Cayley, the setbacks are deemed to comply, irrespective of whether they meet the
current setbacks outlined in this Bylaw.
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Buildings that were constructed in the Village of Cayley prior to the adoption of
Bylaw 229 adopted April 9, 1980, that do not meet current Foothills County
setbacks as outlined in this Bylaw are deemed non-conforming.
4.8.10
On all parcels of land within the Foothills County that are not located within the
boundaries of the former Village of Blackie or former Village of Cayley, where a
building was constructed prior to the passing of Foothills County's Land Use Bylaw
566 (adopted April 23, 1981), or can be shown to have been constructed in
accordance with a Development Permit or Building Permit issued by Foothills
County, and where the building does not comply with current setbacks as outlined
in this Bylaw, the building is deemed non-conforming
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SECTION 5 DEVELOPMENT PERMIT APPROVAL PROCESS
5.1
NOTICE OF COMPLETE APPLICATION
5.1.1
The Development Authority must determine whether the application is complete or
incomplete, within 20 days after the receipt of an application for a Development
Permit in accordance with Section 640.1(a) of the Municipal Government Act.
5.1.2
Notwithstanding Section 5.1.1, the -20 day time period referred to in Section 5.1.1
may be extended by an agreement in writing between the applicant and the
Development Authority.
5.1.3
If the Development Authority does not make a determination of a complete or
incomplete application within the time required under subsection 5.1.1 or 5.1.2,
the application is deemed to be complete.
5.1.4
A Development Permit application will not be deemed complete and considered by
the Development Authority until all required information has been submitted as
outlined in Sections 4.3 through 4.6 and the required application fee has been paid.
5.1.5
If the development authority determines that the information and documents
submitted under 5.1.4 are complete, the development authority must issue notice
to the applicant, acknowledging that the application is complete in writing and sent
by ordinary mail or by email to the applicant.
5.1.6
if the Development Authority determines that the application is incomplete, the
Development Authority must issue to the applicant a notice in writing and sent by
ordinary mail or by email to the applicant indicating that the application is
incomplete and that any outstanding documents and information referred to in the
notice must be submitted by a date set out in the notice or a later date agreed on
between the applicant and the Development Authority in order for the application
to be considered complete.
5.1.7
If the applicant fails to submit all the outstanding information and documents on or
before the date referred to in 5.1.6, the application is deemed to be refused.
5.1.8
If an application is deemed to be refused under 5.1.7, the Development Authority
must issue to the applicant a notice in writing and sent by ordinary mail to the
applicant indicating that the application has been refused and the reason for the
refusal.
PREAMBLE
This section outlines the approval process for a development application, conditions
imposed, and regulations pertaining to temporary approvals, variances, cancellation and
expiry of permits, and re-application.
Note: The text contained within this box does not form a part of the Land Use Bylaw and
is only provided as context for the reader.
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5.1.9
Despite that the Development Authority has issued a notice under 5.1.5 or 5.1.6 in
the course of reviewing the application, the Development Authority may request
additional information or documentation from the applicant that the Development
Authority considers necessary to review the application.
5.2
DEVELOPMENT REFERRAL PROCESS
5.2.1
Before a decision is made, an application must be referred to:
a. Adjoining municipalities or other authorities and governmental departments for
comment.
b. When required by the Municipal Development Plan, Intermunicipal
Development Plans or the Subdivision and Development Regulation.
c. Any additional federal, provincial, or municipal agencies as deemed necessary
and may include internal circulation within the County Office, to local Councilors,
utility companies, and registered community associations that have shown
interest in the application.
d. In accordance with Section 5.3, the Development Authority must make a
decision on the Development Permit application within 40 days after receipt of
a complete Development Permit application whether or not comments have
been received, unless a time extension agreement has been entered into with
the applicant.
5.3
DECISION ON DEVELOPMENT PERMIT APPLICATIONS
5.3.1
Upon receipt of a complete Development Permit application for a permitted use,
the Development Authority shall approve, with or without conditions as provided in
Section 5.4, the application where the proposed development conforms to the
provisions of this Bylaw.
5.3.2
Notwithstanding Section 5.3.1, where a Development Permit application is made
for a permitted use that does not comply with one or more other provisions of this
Bylaw and therefore requires a variance, the application shall be considered a
Permitted Use with a variance. In such cases, the Development Authority shall
process the application in accordance with this Bylaw and may impose conditions
pursuant to Section 5.4.3.
5.3.3
The Development Authority shall consider and decide on applications for
Development Permits within forty (40 days) of notice of receipt of a completed
application. Pursuant to Section 684 of the Municipal Government Act, an
application for a Development Permit is, at the option of the applicant, deemed to
be refused if the decision of the Development Authority is not made within the forty
(40) days of a completed application being received by the County, unless the
applicant has entered into an agreement with the Development Authority to extend
the forty (40) day period.
5.3.4
Upon receipt of a complete Development Permit application for a discretionary use,
the Development Authority may:
a. Approve the application; or
b. Approve the application subject to all or any of the conditions and restrictions
set out in Sections 5.4; or
c. Refuse the application.
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5.3.5
In determining a Development Permit application, the Development Authority shall
consider any technical study submitted in support of the application. Based on the
information provided within the technical studies, the Development Authority shall
recommend approval or refusal of the application and/or impose such conditions
that are considered necessary to mitigate any potential problems in accordance
with Section 5.4 of this bylaw.
5.3.6
The approval of a Development Permit pursuant to this Bylaw is not to be construed
as any representation or warranty by the County or any of its agents, officers, or
employees, that the proposed development may safely be constructed or carried
on, or that the land upon which the development is intended to be carried on is
suited for that purpose. The holder of the Development Permit is at all times
responsible to ensure the safety, viability and practicality of the proposed
development and shall ensure that the same complies with all applicable Statutes,
Bylaws and Regulations.
5.3.7
A Development Permit issued pursuant to this Bylaw is not a Building Permit, and
notwithstanding that plans and specifications for buildings may have been
submitted as part of an application for Development Permit, work or construction
shall neither commence nor proceed until a Building Permit has been issued
pursuant to applicable statutes, bylaws, and regulations.
5.3.8
If plans show a use that is not mentioned in the application for Development Permit,
approval of the application does not constitute approval of such use.
5.3.9
In the case of renewals, any proposed changes to the existing Development Permit
or conditions thereof must be mentioned in the application and outlined in the
circulations and the application shall be considered as a new application.
5.3.10
A decision of the development authority must state whether an appeal lies to a
subdivision and development appeal board or to the Municipal Government Board
(Land and Property Rights Tribunal).
5.4
CONDITIONS
5.4.1
The Development Authority may, as a condition of issuing a Development Permit for
a Permitted Use or a Discretionary Use, require the applicant to enter into a
Development Agreement with the County to do any or all of the following:
a. Construct or pay for the construction of a road required to give access to the
development.
b. Construct or pay for the construction of a pedestrian walkway system to serve
the development and/or pedestrian walkways to connect the pedestrian
walkway system serving the development with a pedestrian walkway system
that serves or is proposed to serve an adjacent development.
c. Install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development.
d. Construct or pay for the construction of off-street or other parking facilities.
e. Construct or pay for the construction of loading and unloading facilities.
f. Pay an off-site levy.
g. Pay a redevelopment levy.
h. Pay for all or a portion of a cost of an off-site improvement constructed or paid
for in whole or in part by the County or another party at any time prior to the
date of approval of the Development Permit which benefits the development.
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i.
Construct or pay for all or a portion of an off-site improvement having excess
capacity, subject to an endeavor to assist agreement; and
j.
Provide security in the form of cash or an unconditional Letter of Credit to
ensure that the terms of the Development Agreement are carried out in an
amount of not less than 100% of the estimated cost of construction of all on-
site and off-site infrastructure and site remediation.
5.4.2
The Development Authority may, as a condition of issuing a Development Permit for
a permitted use or discretionary use, impose any condition that ensures:
a. The development is constructed and maintained in accordance with the
approved plans.
b. The Development Standards set out in the Land Use Bylaw are met.
c. Recommendations from technical studies and reports are complied with.
d. Applicable provisions of Statutory Plans are complied with; and
e. The County's Servicing Standards are met.
5.4.3
The Development Authority, may, as a condition of issuing a Development Permit
for a Discretionary Use or as a condition of granting a variance to the Development
Standards set out in the Land Use Bylaw with respect to either a permitted use or
a discretionary use, impose any condition that addresses any relevant planning and
development matter including but not limited to:
a. Ensuring that the purpose and intent of the Land Use District is met.
b. Noise.
c. Dust control.
d. Landscaping.
e. Buffering.
f. Lighting.
g. Environmental issues.
h. Hours of operation.
i.
Off-site road use including entering into a road use agreement; and
j.
Any other planning and development consideration that the Development
Authority deems appropriate.
5.4.4
All pre-release conditions must be met within 5 months of the decision being
released, unless otherwise stated in the Development Permit decision.
5.5
DISCRETION
5.5.1
A Development Authority may approve a discretionary use provided that it can be
demonstrated by information provided by the applicant, that the proposed
development:
a. Is consistent with the Municipal Development Plan, an applicable area structure
plan or area redevelopment plan, and policies adopted by County.
b. Is compatible with the general purpose of the district.
c. Should not cause traffic impacts (in terms of daily and peak hour trip generation
and parking) or public transit impacts unsuitable for the area.
d. Is serviceable with adequate capacity for drainage, water, sewage, and other
utilities.
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e. Is compatible with surrounding areas in terms of land use (including the use,
function, enjoyment, and value of adjacent lots), scale of development, and
potential effects on the stability or rehabilitation of the area.
f. Is appropriate having regard for geotechnical considerations such as flooding
and slope stability.
g. Will not cause a negative effect on community services and facilities such as
schools, parks, fire protection, and health.
h. Any potential adverse effect can be adequately mitigated by conditions; and
i.
Is consistent with municipal land, right of way or easement requirements.
5.5.2
In determining the significance of an adverse effect or nuisance factor, a
Development Authority may consider:
a. The expected magnitude and consequence of the effect or nuisance.
b. The expected extent, frequency, and duration of exposure to the effect or
nuisance.
c. The use and sensitivity of adjacent or nearby sites relative to the effect or
nuisance.
d. Adherence to relevant environmental legislation or widely recognized
performance standards; and
e. The reliability and record of the proposed methods, equipment, and techniques
in controlling or mitigating detrimental effects or nuisances.
5.5.3
A Development Authority may be guided in the exercise of discretion through
reference to reports prepared by an accredited professional that justify alternatives
to Bylaw requirements.
5.6
VARIANCES
5.6.1
The Development Authority may exercise its variance powers, prescribed in
Sections 5.6.2 to Section 5.6.13, and approve a development permit for a
permitted or discretionary use, with or without conditions, which does not comply
with the regulations of this Bylaw, if the Development Authority determines that:
a. The proposed development would not unduly interfere with the amenities, use,
enjoyment, or value of adjacent lots.
b. The proposed development would be consistent with the general purpose or
character (urban or rural) of the district.
c. There are factors unique to the development, use and site (such as the location
of existing buildings) which are not generally common to other development and
land in the same district, and which would result in unnecessary hardship or
practical difficulties for the proposed development to comply with the provisions
of this Bylaw; and
d. There are mechanisms to mitigate the effect on adjacent lots.
5.6.2
The Development Authority may allow a variance on existing development, on any
yard setback to a maximum of 90% of the setback required by this Bylaw, with the
exception of:
a. a side yard setback on lands zoned Residential Community District.
b. a setback to a Municipal road that would result in development being less than
5m from the ultimate right of way of the Municipal road, Municipal Road, Major,
or Internal Subdivision road.
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5.6.3
The Development Authority may allow with respect to existing development on
Residential Community District zoned property, a variance of a side yard setback to
a maximum of 25% of the setback required by this Bylaw.
5.6.4
The Development Authority may allow with respect to a proposed development, a
variance of any yard setback to a maximum of 25% of the setback required by this
Bylaw.
5.6.5
The variance power given to the Development Authority under Section 5.6.4 of this
Bylaw shall not be exercised with respect to a proposed development unless the
landowner can demonstrate that the proposed location is the most appropriate site
for the proposed development".
5.6.6
The development authority may allow a variance of building height to a maximum
of 50% required under this bylaw, with respect to development within the Industrial
Districts, Commercial Districts, and the Service District.
a. The variance power given to the Development Authority with respect to building
height within the Industrial, Commercial and the Service Districts, shall not be
exercised unless it has been determined that such a request for variance is
integral to the design or operations of the development.
5.6.7
A Development Officer may issue a Letter of Compliance where a minor non-
compliance exists no greater than 5% in Residential Community District and for
Country Estate District parcels 0.80 acres or smaller or 2.5% in all other land use
districts, subject to the provisions of section 5.6 "Variances".
5.6.8
Compliance may be granted for structures which are no larger than 1.5 sq. m. (16
sq. ft.) in size and do not exceed 2m (6.5 ft.) in height that are fully contained within
the boundaries of the property, which do not meet municipal setbacks.
5.6.9
Within two years from the date the updated Secondary Suite provisions adopted
under Bylaw 68/2023 (January 31, 2024), the following variances may be
considered when applying for approval to bring existing suites into compliance,
which were not previously allowed in Foothills County prior to the passing of said
bylaw:
a. The Development Authority may issue a Development Permit for an existing
oversized Secondary Suite if:
i.
The Secondary Suite existed prior to the date of the adoption of these
regulations; and
ii. The Secondary Suite is no more than 25% greater than the size
permitted under Section 10.26 Secondary Suites; and
iii. A Development Permit has been granted approval within two years of the
date which Bylaw 68/2023 received third reading on January 31, 2024.
b. The Development Authority may issue a Development Permit for reduced
building setbacks for a Secondary Suite where:
i.
the building code, safety code, and fire code requirements can be met
(for example side yard setbacks may not be relaxed on smaller parcels
due to separation distances of residential buildings with greater than 10
minutes fire department response time).
ii. it does not materially interfere with or affect the use, enjoyment, or value
of the neighboring properties.
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This applies to Secondary Suites on parcels under 2 acres in size and Secondary
Suites within hamlet boundaries or Secondary Suite, Detached on other parcels
(within hamlet boundaries does not include the hamlets of Heritage Pointe and
Priddis Greens).
5.6.10
The Development Authority may allow a 10% variance to the maximum size
requirements of a new Secondary Suite, where the Development Authority is of the
opinion it will not materially interfere with or affect the use, enjoyment, or value of
the neighboring properties.
5.6.11
The Development Authority may allow up to a 25% variance to the allowable
maximum size requirements of a Secondary Suite, where an application has been
made for a change in use from an approved Dwelling, Temporary to a Secondary
Suite, Detached, in accordance with Section 10.26.
5.6.12
The Development Authority may issue a Development Permit for the renewal of a
Dwelling, Temporary, in excess of the Maximum Dwelling Density within the
applicable land use district, if an approved Development Permit for that Dwelling,
Temporary is in place, and is occupied in accordance with the approval, prior to the
date of passage of the bylaw amendments adopting the Maximum Dwelling Density,
where it is determined that it does not materially interfere with or affect the use,
enjoyment, or value of the neighbouring properties.
5.6.13
The Development Authority may issue a Development Permit for a Dwelling,
Temporary that has been prefabricated, built, or factory constructed before
September 2, 2007, if an approved Development Permit for that Dwelling,
Temporary is in place and occupied in accordance with that approval, should it have
appropriate C.S.A. certification, or an equivalent at the time of placement on the
subject parcel, to the satisfaction of the Safety Codes Officer.
5.7
NOTICE OF DECISION
5.7.1
A decision on applications for a Development Permit shall:
a. Specify the date on which the decision was made and must be given or sent to
the applicant on the same day the decision is made.
b. All decisions on applications for a Development Permit shall be given in writing
and sent by ordinary mail to the applicant.
5.7.2
If an application is conditionally approved or refused by the Development Authority,
the notice of decision shall contain the conditions imposed as part of the approval
or the reasons for the refusal.
5.7.3
Notice of decisions on approved applications for development of a discretionary use
or permitted use with a variance, shall be sent by ordinary mail to the applicant,
and a notice of the development shall be:
a. Published in a local newspaper circulating within the Foothills County; or
b. Sent by ordinary mail to adjacent landowners; or
c. Posted conspicuously on the property.
5.7.4
For decisions under Section 5.7.3, the Development Authority may choose to direct
mail decisions to properties beyond the adjacent/adjoining properties at their
discretion.
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5.7.5
The advertisement shall include the following information:
a. The legal description of the subject property, and
b. The approved use.
5.7.6
Notice of decision of the Development Authority on a Development Permit
application is deemed to have been given or sent to the applicant the same day the
decision is made.
Information on Development Appeals can be found in Section 8.1 "Development
Appeals".
5.8
PERMIT ISSUANCE AND VALIDITY
5.8.1
A Development Permit comes into effect:
a. On the 22nd day after the date of issue of the notice of decision by the
Development Authority, if the Development Permit for a discretionary use or a
permitted use with variance is approved by the Development Authority, on a
Development Permit application for development where no appeal is filed.
b. Notwithstanding Section 5.8.1, a. where a Development Permit for a permitted
use is approved by the Development Authority and the applicant has signed a
notice to waive the 21-day period for appeal, the Development Permit comes
into effect upon issuance.
c. On the date of issue of the notice of decision by Council on the Development
Permit application, if the Development Permit is approved by Council, or
d. On the date that the Development Permit is either upheld or varied and the
SDAB or MGB has issued its decision in writing if an appeal is filed from the
decision of the Development Authority.
5.9
PERMIT CANCELLATION AND SUSPENSION
5.9.1
A Development Authority may suspend or revoke a permit when:
a. The permit was issued on the basis of incorrect information or
misrepresentation by the applicant.
b. The permit was issued in error.
c. Requested by an applicant; or
d. The development has not been completed within the required time period
prescribed by the Development Permit.
5.10
EXPIRY OF DEVELOPMENT PERMITS
5.10.1
The Development Permit shall thereafter be null and void if the development
authorized by a Development Permit:
a. Is not commenced within one year after the latest of the following dates:
i.
The date on which the application for the Development Permit is issued
by the Approving Authority.
ii. If there is an appeal to the Development Appeal Board in respect of the
application for the Development Permit, the date of the Board's decision
or the date that the appeal is abandoned or discontinued.
iii. If there is an appeal to the Court of Appeal under the Municipal
Government Act, the date on which judgment of the Court is entered, or
the date on which the appeal is discontinued; or
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b. Is not completed within the date prescribed by the Development Permit; or
c. If the development or use is abandoned for a period of six months.
d. Notwithstanding Section C. in the case of a Multiple Potential Use Development
Permit in Commercial, Industrial or Agricultural Business Land Use Districts, the
development permit will be considered null and void if the use is abandoned for
a period of 18 months or more.
5.11
RE-APPLICATION
5.11.1
When an application for a Development Permit, is refused by either the
Development Authority, Council, or by a decision of the Subdivision and
Development Appeal Board or Land and Property Rights Tribunal, another
application with respect to the same parcel(s) of land, for the same or similar use
of the land, may not be made by the same or any other applicant until the expiration
of at least six (6) months from the date of the last refusal or appeal decision, unless
a resolution is passed by Council to waive the waiting period.:
5.11.2
Notwithstanding Section 5.11.1, the Development Authority may at its discretion
receive a new or revised development permit application for the same or similar
use of the parcel before the six (6) months has elapsed from the date of the
decision, when, in the opinion of the Development Authority, the application has
been significantly modified.
5.12
FORMS, NOTICES, AND FEES
5.12.1
For the purpose of administering the provisions of this Bylaw, Council may by
Resolution authorize the use of such forms and notices as in its discretion it may
deem necessary or desirable.
5.12.2
For the purpose of administering the provisions of this Bylaw, Council may by Bylaw
authorize the imposition of such fees as in its discretion it may deem necessary or
desirable. Changes to the fees will be made by amendment to such bylaw.
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SECTION 6 AMENDMENTS TO THE LAND USE BYLAW,
REDESIGNATIONS,
AND
AREA
STRUCTURE
PLANS
6.1
PROCEDURES FOR AMENDMENTS
6.1.1
Any person may apply to amend this Bylaw by making an application for an
amendment and submitting the prescribed application form to the planning and
development department for processing and referral to Council as the Approving
Authority.
6.1.2
Council may, on its own initiative, undertake an amendment to this Bylaw.
6.1.3
All amendments to this Bylaw shall be made by Council by Bylaw and in
conformance with the Municipal Government Act.
6.1.4
Upon receipt of a complete application in accordance with Section 6.2 to amend
this Bylaw, the application shall be scheduled for a public hearing in accordance
with Section 692 of the Municipal Government Act within 120 days.
6.1.5
A minimum of 5 days' notice to the applicant shall be given advising that he/she
may appear before Council to speak to the application in accordance with Section
606 of the Municipal Government Act.
6.2
AMENDMENT APPLICATION REQUIREMENTS
6.2.1
An application for redesignation or amendment shall be made in writing to the
Planning Department using the appropriate form provided by the County, and
should include the following application requirements:
a. All application fees required as outlined in the Planning Fee Schedule.
b. Original application form completed and signed by the registered owner of the
subject lands or his/her authorized agent.
c. Most recent Certificate of Title.
d. Confirmation of Signing Authority (if applicable).
e. Agent Authorization (if applicable).
f. Completed abandoned well site declaration.
g. Written statement to describe and justify the proposal.
PREAMBLE
This section outlines the procedure and requirements for land use amendments including
public consultation requirements, pre-application meetings and formal reviews and timing
for re-submission.
Note: The text contained within this box does not form a part of the Land Use Bylaw and
is only provided as context for the reader.
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h. Description of the use or uses proposed for the land.
i.
Requirements for drainage, water, sewage and other utilities and infrastructure
relative to available or future capacities.
j.
Staging, implementation schedule, and duration of construction (where
application is proposed to be developed in phases); and
k. Detailed site plan showing the proposed change within the context of the land
including:
i.
Existing parcel(s) dimensions and area.
ii. Proposed parcel(s) dimensions and area (if applicable).
iii. Existing and proposed access to parcel(s).
iv. North arrow to the top of the page with site plan and text oriented
correspondingly.
v. Location of all existing buildings, wells, septic tanks, and fields.
vi. Vegetation and physical characteristics throughout existing and
proposed parcels.
vii. Any reserve lands provided (if applicable).
viii. Water courses (intermittent and perennial).
ix. Water bodies (including dugouts/private dams).
x. Ravines; and
xi. Slopes in excess of 15%.
6.2.2
Where the proposed amendment is for a change in text and no land is specifically
affected, the requirements of sub-section 6.2.1 shall be applied only as relevant to
the amendment.
6.3
SUPPLEMENTARY REQUIREMENTS FOR AN AMENDMENT APPLICATION
6.3.1
In addition to the application requirements in Section 6.2, the County staff, and/or
Council may require other information deemed necessary to properly evaluate the
application which may include the following:
a. A statement describing how the Municipal Development Plan, any Area
Structure Plan, Intermunicipal Development Plan, and other relevant statutory
and non-statutory plans affecting the application and this Bylaw have been
considered.
b. Preparation and approval of supporting plans such as Area Structure Plans,
Area Redevelopment Plans, and Outline Plans in accordance county policy at
the discretion of the Approving Authority; and/or
c. Any technical studies as prescribed in Appendix A "Supplementary
Requirements".
6.4
COMMUNITY CONSULTATION PROCESSES
6.4.1
Applicants are encouraged to carry out an appropriate community consultation
program prior to submission of a redesignation or land use amendment application
as some types of developments may have impacts on surrounding property owners.
Applicants should consult with the Approving Authority for direction on the need for
public consultation with respect to your application.
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6.4.2
Council shall have the discretion to require the party making application for a land
use amendment or redesignation to undertake community consultation with all
stakeholders and landowners within one half mile (0.5 mile) radius from the parcel
prior to an application being made to the County. For the purposes of this section,
a one half mile radius is considered the subject quarter section from which the
parcel is located and each adjacent quarter section.
6.4.3
The Approving Authority may require large or complex applications to expand the
community consultation process to a larger area to an application being made to
the County.
6.4.4
Information pertaining to community consultation process undertaken by
applicants and landowners should be submitted with formal applications where
applicable including a summary outlining:
a. The manner in which community consultation was undertaken.
b. Who was notified of the community consultation and how notice was given.
c. What concerns and/or support was provided by the community; and
d. What changes or amendments to the application were made based on the
feedback received.
6.5
PRE-APPLICATION MEETINGS AND FORMAL REVIEW
6.5.1
Pre-application meetings shall take place prior to acceptance of a formal
application between the County staff and the applicant and or landowners, on new
applications within the Highway 2A Industrial Area Structure Plan Area unless
County staff has granted a written waiver to such requirement.
6.5.2
Pre-application meetings are encouraged between the County staff, the applicant
and or landowners, and staff from another municipality in which we have a current
Intermunicipal Development Plan, in cases where development is proposed within
an Intermunicipal Development Plan area.
6.5.3
Potential applicants are encouraged to have a pre-application meeting with County
staff prior to submission of a formal application in order to:
a. Give the applicant an opportunity to communicate what is being applied for.
b. Review application requirements with staff; and
c. Evaluate how the application may or may not comply with the Bylaw and other
applicable statutory plans and County regulations.
6.5.4
This process allows early identification of potential issues with prospective
applications. It is beneficial to undertake this process before any major investments
are made or the proponent is strongly committed to the details of the proposal.
6.5.5
A formal staff review is required on the following prospective applications prior to
acceptance of a completed application within the Highway 2A Industrial Area
Structure Plan area.
6.5.6
Requests for a formal review on the above noted applications shall be submitted to
the County staff with a completed application and all applicable supporting
information and documents as deemed necessary by the Approving Authority and
shall include the applicable formal review fee as required by the current Planning
Fee Schedule bylaw.
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6.6
NOTICE OF COMPLETE APPLICATION
6.6.1
The Subdivision Authority must, within 20 days after the receipt of an application
for subdivision approval, determine whether the application is complete.
6.6.2
An application is complete if, in the opinion of the subdivision authority, the
application contains the documents and other information referenced in Sections
6.2 through 6.5 of this Bylaw, necessary to review the application.
6.6.3
The 20 day time period referred to in 6.6.1 may be extended by an agreement in
writing between the applicant and the Subdivision Authority
6.6.4
If the Subdivision Authority does not make a determination of an application within
the time required under 6.6.2 or 6.6.3, the application is deemed to be complete.
6.6.5
If the Subdivision Authority determines that the information and documents
submitted under 6.6.2 are complete, the Subdivision Authority must issue to the
applicant, a notice acknowledging that the application is complete in writing and
sent by ordinary mail or by email to the applicant.
6.6.6
If the Subdivision Authority determines that the application is incomplete, the
Subdivision Authority must issue a notice in writing and sent by ordinary mail or by
email to the applicant indicating that the application is incomplete and that any
outstanding documents and information referred to in the notice must be submitted
by a date set out in the notice or a later date agreed on between the applicant and
the Subdivision Authority in order for the application to be considered complete.
6.6.7
If the applicant fails to submit all the outstanding information and documents on or
before the date referred to in 6.6.6, the application is deemed to be refused.
6.6.8
If an application is deemed to be refused under 6.6.7, the Subdivision Authority
must issue to the applicant a notice in writing and sent by ordinary mail to the
applicant indicating that the application has been refused and the reason for the
refusal.
6.6.9
Despite that the Subdivision Authority has issued a notice under 6.6.5 or 6.6.6 in
the course of reviewing the application, the Subdivision Authority may request
additional information or documentation from the applicant that the Subdivision
Authority considers necessary to review the application.
6.7
CIRCULATION AND REFERRAL PROCESS
6.7.1
Before a decision is made, an application must be referred to:
a. Adjoining municipalities or other authorities and governmental departments for
comment when required by the Municipal Government Act, the Municipal
Development Plan, Intermunicipal Development Plans or the Subdivision and
Development Regulation.
6.7.2
Before a decision is made, an application may be referred to:
a. Any additional Federal, Provincial or Municipal agencies as deemed necessary
and may include internal circulation within the County office, to councilors, utility
companies, and registered community associations that have shown interest in
the application.
6.7.3
After thirty days from the date of referral, the application may be dealt with by
Council whether or not comments have been received.
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6.8
AMENDMENT REVIEW
6.8.1
Council shall:
a. Establish the date, time, and place for a public hearing on the proposed Bylaw.
b. Outline the procedure to be followed by anyone wishing to be heard at the public
hearing; and
c. Outline the procedure by which the public hearing will be conducted.
6.8.2
Council may, after due consideration of an application, give first reading to a Bylaw
for redesignation, land use amendment, or for a bylaw amendment.
6.9
ADVERTISING REQUIREMENTS
6.9.1
Upon setting a hearing date to amend this Bylaw the County shall:
a. Arrange for notice of a public hearing to be published in two (2) issues of a
newspaper circulating in the County, the publication date of the second issue
being not less than five (5) days prior to the commencement of the public
hearing in accordance with Section 606 and Section 692 of the Municipal
Government Act; and
b. Provide notice to the following:
i.
The applicant.
ii. The registered owner of the subject land where the registered owner is not
the application.
iii. The registered owner(s) of adjacent land.
iv. Where, adjacent land is located in another municipality, notice to that
municipality; and
v. Any other persons or authorities who, in the opinion of the County staff or
the Approving authority, may be affected.
6.9.2
The notice of the public hearing shall contain the following information:
a. Pursuant to Section 692(4) of the Municipal Government Act, if the proposed
amendment is to change the land use designation of a parcel of land, the notice
must include the legal address of the parcel of land; and a map showing the
location of the parcel of land.
b. The date, time, and place of the public hearing.
c. The purpose of the proposed Bylaw.
d. The procedure to be followed at the public hearing.
6.10
PUBLIC HEARING
6.10.1
According to Section 692(1) of the Municipal Government Act, Council must hold a
public hearing prior to giving second reading to a proposed by-law amending a land
use bylaw, granting redesignation, or adopting statutory plans.
6.10.2
Notwithstanding Section 6.10.1, the current procedure undertaken by the County,
under advisement of Council, is to hold a public hearing prior to first reading being
granted by Council. This allows Council to make their decision further to hearing
from the applicant and area landowners on the application.
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6.10.3
At the public hearing, Council shall hear from any person or group of persons, or
person acting on his or their behalf, who claims to be affected by the proposed
Bylaw or resolution in accordance with Section 230 (4) of the Municipal
Government Act.
6.10.4
At the public hearing, Council may hear from any person wishes to make
representations and whom the council agrees to hear, in accordance with Section
230 (4) of the Municipal Government Act.
6.11
DECISION ON AMENDMENTS
6.11.1
After considering the representations made at the public hearing, the Council may:
a. Pass the bylaw.
b. Make any amendment to the bylaw that Council considers necessary and
proceed to pass it without further advertisement or hearing; or
c. Defeat the bylaw.
6.11.2
Council should provide reasons for their decision to approve or to refuse the
application as part of the notice of decision provided to the landowners.
6.11.3
Council may approve a site-specific amendment (see Section 2.5 for interpretation
of "site-specific amendment"), with a sunset clause for a set timeline, in specific
cases where Council or the applicant feels that the site-specific use being approved
should be considered temporary at which time the applicant must re-apply for the
site specific amendment to continue the use on that site.
6.12
RESUBMISSION INTERVAL
6.12.1
When an application for an amendment to this Bylaw, redesignation or change in
land use designation, a site specific amendment, statutory plan or amendment to
a statutory plan, has been refused by Council, another application with respect to
the same parcel(s) of land, for the same or substantially the same application, shall
not be considered within six (6) months of the date of the refusal, unless a
resolution is passed by Council to waive the waiting period.
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PART 3 ENFORCEMENT AND APPEALS
SECTION 7 ENFORCEMENT
7.1
GENERAL PROVISIONS
7.1.1
A Designated Officer may enforce the provisions of the Municipal Government Act
and its provisions, the Subdivision and Development Regulation, a subdivision
approval, the conditions of a Development Permit and this Bylaw. Enforcement may
be by written warning, stop order, remedial order, violation tickets or any other
authorized action to ensure compliance.
7.2
PROHIBITIONS
7.2.1
No person shall contravene or permit a contravention of this Bylaw. No person shall
commence or undertake a development, use, or sign that is not permitted by this
Bylaw.
7.2.2
No person shall contravene a condition of a permit issued under this Bylaw.
7.2.3
No person shall authorize or undertake any development that is at variance with
the description, specifications or plans that were the basis for the issuance of a
Development Permit. No person shall modify any description, specification, or plans
that were the basis for the issuance of any permit by a Development Authority.
7.3
CANCELLATION OR SUSPENSION OF DEVELOPMENT PERMIT
7.3.1
The Development Authority may cancel or suspend a Development Permit by written
notice to the permit holder if, after a Development Permit has been issued, the
Development Authority becomes aware that:
a. The development application contains a misrepresentation.
b. Facts concerning the application, or the development were not disclosed which
should have been disclosed at the time the application was considered.
c. The Development Permit was issued in error.
d. The applicant withdrew the application by way of written notice; or
PREAMBLE
In accordance with the provisions of the Municipal Government Act, this section of the
Bylaw outlines the procedure for enforcing the provisions outlined in this Bylaw. The
intent of this section is to inform applicants and landowners of the consequences and
procedures pertaining to non-compliance with the Bylaw.
Note: The text contained within this box does not form a part of the Land Use Bylaw and
is only provided as context for the reader.
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e. The condition(s) imposed in the Development Permit have not been complied
with.
7.3.2
A person whose Development Permit is cancelled or suspended under this
Subsection may appeal to the Subdivision and Development Appeal Board in
accordance with Section 8.1.
7.4
RIGHT OF ENTRY TO PROPERTY
7.4.1
In accordance with Section 542 of the Municipal Government Act, after providing
reasonable notice to the owner or occupant, the Development Authority and/or a
designated officer may enter property at any reasonable time to inspect and/or
ensure that the Bylaw requirements are being complied with.
7.4.2
A person shall not prevent or obstruct a Designated Officer from carrying out any
official duty under this Bylaw. If consent is not given, if the person refuses to
produce anything to assist in carrying out any official duty, or if a Designated Officer
is obstructed in the performance of their duties, the County may apply for an
Authorizing Order pursuant to Section 543 of the Municipal Government Act.
7.5
WRITTEN WARNING
7.5.1
A Designated Officer may issue a written warning outlining the nature of the
violation, corrective measures that may be taken and a deadline for the completion
of any corrective measures identified.
7.6
STOP ORDERS
7.6.1
On finding that a development, land use, or use of a building is not in conformance
with Section 645 of the Municipal Government Act or its regulations, a Development
Permit, subdivision approval or the conditions of either, or this Bylaw, a
Development Authority may, by written notice, 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:
a. Stop the development or use of the land or building in whole or in part as
directed by the notice.
b. Demolish, remove, or replace the development; or
c. Carry out any other actions required by the notice so that the development or
use of the land or building complies with this Part, the land use bylaw or
regulations under this Part, a Development Permit or a subdivision approval
within the time set out in the notice.
7.6.2
Stop orders issued pursuant to Section 645 of the Municipal Government Act must
specify the date on which the order is made and must contain any other information
required by the regulations.
7.7
SERVICE OF STOP ORDERS
7.7.1
Stop orders shall be served by:
a. Posting the stop order on the property, structure or site that is in contravention
or serving the order personally to the registered owner of the property, and
b. by sending a copy of the order, via registered mail, to the registered owner of
the property.
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7.7.2
When a stop order is served by posting the order on the property, structure or site
in contravention or served personally to the registered owner of the property,
service has been affected as of the date and time the order was posted or delivered.
7.7.3
Notwithstanding Section 7.7.1(a), if in the opinion of the Designated Officer a
dangerous situation is present at the location where the stop order is to be posted,
the stop order shall be served via registered mail to the registered owner of the
property.
7.7.4
Stop orders must be given or sent to the person or persons to whom the Stop Order
is issued on the same day the decision is made.
7.8
ORDERS
7.8.1
Pursuant to Section 646 of the Municipal Government Act, if a person fails or
refuses to comply with a stop order or an order of a subdivision and development
appeal board, the Development Authority and/or a designated officer of the County
may enter on the land or building and take any action necessary to carry out the
order.
7.8.2
When a stop order or order of a subdivision and development appeal board is
issued, the County may register a caveat under the Land Titles Act against the
certificate of title for the land that is the subject of the order, provided that the
caveat is discharged when the order has been complied with.
7.8.3
Pursuant to Section 553(1) (h.1) of the Municipal Government Act, Council may add
the expenses and costs associated to carrying out a stop order to the tax roll of the
land subject to the order.
7.8.4
Pursuant to Section 554 of the Municipal Government Act, in addition to any other
remedy and penalty imposed, the County may apply by way of originating notice to
the Court of Queen's Bench for an injunction or other order when:
a. A structure is being constructed in contravention of an enactment that a County
is authorized to enforce or a bylaw.
b. A contravention of the Municipal Government Act, another enactment that the
County is authorized to enforce, or a bylaw is of a continuing nature; or
c. Any person is carrying on business or is doing any act, matter, or thing without
having paid money required to be paid by a bylaw.
7.9
APPEAL OF STOP ORDERS
7.9.1
A person who is named in a stop order may appeal to the Subdivision and
Development Appeal Board in accordance with Section 685 of the Municipal
Government Act.
7.9.2
An appeal made to the Subdivision and Development Appeal Board on a stop order,
pursuant to Section 685 of the Municipal Government Act, is commenced by filing
a notice of the appeal, containing reasons, with the board within 21 days after the
date of on which the order is issued.
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7.10
REMEDIAL ORDERS
7.10.1
Pursuant to Section 545 of the Municipal Government Act, if a Designated Officer
finds that a person is contravening the Municipal Government Act, this Bylaw, or
any other enactment the County is authorized to enforce, the Designated Officer
may, by written remedial order, require the person responsible for the contravention
to remedy the contravention.
7.10.2
The remedial order may:
a. Direct a person to stop doing something, or to change the way in which the
person is doing it.
b. Direct a person to take any action or measures necessary to remedy the
contravention of this Bylaw or other enactment, including the removal or
demolition of a structure that has been erected or placed in contravention of a
bylaw, and, if necessary, to prevent a re-occurrence of the contravention.
c. State a time within which the person must comply with the directions.
d. State that if the person does not comply with the directions within a specified
time, the County will take the action or measure at the expense of the person.
7.11
SERVICE OF REMEDIAL ORDERS
7.11.1
Remedial orders shall be served personally to the occupant and / or registered
owner of the property.
7.11.2
Where an occupant and / or registered owner of a property cannot be conveniently
located or, if in the opinion of a Designated Officer a dangerous situation is present
at the property, a remedial order shall be served via registered mail to the occupant
and / or registered owner of the property.
7.11.3
Where a remedial order is served via registered mail, service shall be presumed to
be affected:
a. 7 days from the date of mailing if the document is mailed in Alberta to an
address in Alberta, or
b. 14 days from the date of mailing if the document is mailed in Canada to an
address in Canada.
7.12
ENFORCEMENT OF REMEDIAL ORDERS
7.12.1
Pursuant to the Section 549 of the Municipal Government Act, if a person fails or
refuses to comply with a remedial order, the County may take whatever action or
measures necessary to remedy a contravention of the Municipal Government Act,
this Bylaw, or any other enactment the County is authorized to enforce or to prevent
a re-occurrence of the contravention.
7.12.2
Pursuant to Section 546.1 of the Municipal Government Act, the County may
register a caveat under the Land Titles Act against the certificate of title for the land,
in relation to a remedial order issued pursuant to Section 545 of the Municipal
Government Act. Any such caveat must be discharged when the order has been
complied with or when the County has performed the action or measures referred
to in the order.
7.12.3
Pursuant to Section 549(3) of the Municipal Government Act, the expenses and
costs associated to an action or measure taken by the County to remedy a
contravention are an amount owing to the County by the person who contravened
the enactment or this Bylaw.
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7.12.4
Council may add any unpaid expenses and costs associated to an action or
measure taken by the County to remedy a contravention where the parcel's owner
contravened the enactment or bylaw and the contravention occurred on all or part
of the parcel, pursuant to Section 553(1)(c) of the Municipal Government Act.
7.13
ORDER TO REMEDY DANGERS AND UNSIGHTLY PROPERTY
7.13.1
Pursuant to Section 546 of the Municipal Government Act, if a Designated Officer
finds that a structure, excavation, or hole is dangerous to public safety or property,
because of its unsightly condition, is detrimental to the surrounding area, the
Designated Officer may, by written order direct the person responsible for the
contravention to remedy the contravention.
7.13.2
The Order to Remedy may:
a. Require the owner of the structure to eliminate the danger to public safety in
the manner specified or remove or demolish the structure and level the site.
b. Require the owner of the land that contains the excavation or hole to eliminate
the danger to public safety in the manner specified or fill in the excavation or
hole and level the site.
c. Require the owner of the property that is in an unsightly condition to improve
the appearance of the property or if the property is a structure, remove or
demolish the structure and level the site.
d. State a time within which the person must comply with the order.
e. State that if the person does not comply with the order within a specified time,
the County will take the action or measure at the expense of the person.
7.14
SERVICE OF ORDER TO REMEDY
7.14.1
Orders to remedy shall be served personally to the occupant and / or registered
owner of the property.
7.14.2
Where an occupant and / or registered owner of a property cannot be conveniently
located, or, if in the opinion of a Designated Officer, a dangerous situation is present
at the property, an order to remedy shall be served via registered mail to the
occupant and / or registered owner of the property.
7.14.3
Where an order to remedy is served via registered mail, service shall be presumed
to be affected:
a. 7 days from the date of mailing if the document is mailed in Alberta to an
address in Alberta, or
b. 14 days from the date of mailing if the document is mailed in Canada to an
address in Canada.
7.15
ENFORCEMENT OF ORDER TO REMEDY
7.15.1
Pursuant to Section 550 of the Municipal Government Act, if a person fails or
refuses to comply with an order to remedy, the County may take whatever actions
or measures are necessary to eliminate the danger to public safety caused by a
structure, excavation, or hole or to deal with the unsightly condition of property.
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7.15.2
Pursuant to Section 546.1 of the Municipal Government Act, the County may
register a caveat under the Land Titles Act against the certificate of title for the land,
in relation to an order to remedy issued pursuant to Section 546 of the Municipal
Government Act. Any such caveat must be discharged when the order has been
complied with or when the County has performed the action or measures referred
to in the order.
7.15.3
Council may add any unpaid expenses and costs associated to an action or
measure taken by the County to remedy a contravention where the parcel's owner
contravened the enactment or bylaw and the contravention occurred on all or part
of the parcel, pursuant to Section 553(1)(c) of the Municipal Government Act.
7.16
APPEAL OF ORDER TO REMEDY
7.16.1
A person who receives a remedial order may, by written notice, request council to
review the order within 7days after the date the order is received, pursuant to
Section 547 of the Municipal Government Act.
7.16.2
A person who is affected by a decision of Council, with respect to a review of an
order to remedy, may appeal such decision to the Court of Queen's Bench by
following the procedure established in Section 548 of the Municipal Government
Act.
7.17
EMERGENCIES
7.17.1
Despite Sections 549 and 550 of the Municipal Government Act, the County may
take whatever actions or measures are necessary to eliminate an emergency in an
effort to preserve public safety.
7.18
OFFENCES AND SPECIFIED PENALTIES
7.18.1
A person, who violates any provisions of this Bylaw or permits a contravention of
this Bylaw, is guilty of an offence.
7.18.1.1 Where a contravention of this Bylaw is of a continuing nature, a
contravention constitutes a separate offence in respect of each day, or
part of a day, on which it continues, and a person is guilty of such an
offence and is liable to a penalty for each such day.
7.18.2
No person shall:
a. Fail to comply with a remedial order.
b. Fail to comply with an order to remedy.
c. Fail to comply with a stop order.
d. Obstruct or interfere with a Designated Officer, Community Peace Officer, or
Bylaw Enforcement Officer, in the execution of their duties.
7.18.3
The minimum specified penalty payable in respect of a contravention of a provision
of this Bylaw is the amount shown in Appendix D "Specified Penalties for Offences
7.18.4
Where there is no specified penalty listed for an offence in Appendix D of this Bylaw,
the minimum fine shall be $500.00.
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7.18.5
Notwithstanding Section 7.18.3 of this Bylaw:
a. Where any person contravenes the same provision of this Bylaw twice within
one twelve (12) month period, the specified penalty payable in respect of the
second contravention is double the amount shown in Appendix D "Specified
Penalties for Offences".
b. Where any person contravenes the same provision of this Bylaw three or more
times within one twelve (12) month period, the specified penalty payable in
respect of the third or subsequent contravention is triple the amount shown in
Appendix D "Specified Penalties for Offences".
7.18.6
Notwithstanding the presence of a specified penalty for an offence, a Community
Peace Officer or Bylaw Enforcement Officer may issue a summons to the person
responsible for the offence by means of a violation ticket requiring a court
appearance, if it is in the public interest to proceed in this manner pursuant to the
provisions of the Provincial Offences Procedure Act R.S.A. 2000, Chapter P-34.
7.18.7
Payment of any fine, service of any term of imprisonment or other penalty imposed
by a Court of competent jurisdiction shall not relieve any person from the
requirement to remedy the conditions that constitute the original offence or to pay
any fees, charges or costs associated to the enforcement of this Bylaw.
7.19
VIOLATION TICKETS
7.19.1
Where a Community Peace Officer or Bylaw Enforcement Officer of the County
believes, on reasonable and probable grounds, that a person has committed an
offence with respect to this Bylaw, the officer may issue a violation ticket in
accordance with the Provincial Offences Procedure Act, R.S.A. 2000, Chapter P-34,
and as amended from time to time.
7.20
GENERAL PENALTY
7.20.1
Pursuant to Section 7 of the Municipal Government Act, a person who violates any
provisions of this Bylaw, or permits a contravention of this Bylaw, is guilty of an
offence and is liable, upon summary conviction, to a fine in an amount not to exceed
$10,000.00, imprisonment for not more than one year, or to both fine and
imprisonment.
7.21
COMPLIANCE ORDER
7.21.1
Where a person is found guilty of an offence under this Bylaw, the Court may, in
addition to any other penalty imposed, make an Order for Compliance pursuant to
Section 567 of the Municipal Government Act.
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SECTION 8 APPEALS
8.1
DEVELOPMENT APPEALS
8.1.1
Development appeals shall be referred to the Subdivision and Development Appeal
Board or the Municipal Government Board (Land and Property Rights Tribunal), in
accordance with Section 685 (2.1) of the Municipal Government Act and shall be
consistent with the applicable procedures of the appropriate Appeal Board.
8.1.2
In accordance with Section 685 of the Act, an appeal with regard to a Development
Permit may be made by the applicant of a Development Permit, if the Development
Authority:
a. Refuses an application for development.
b. Issues a Development Permit subject to conditions.
c. fails to make a decision with respect to an application within forty (40) days of
receipt of a complete application or within such longer period as the applicant
may have approved in writing; or
d. Issues an order under Section 645 of the Municipal Government Act, or Section
7.6 of this Bylaw.
8.1.3
Notwithstanding sub-section 8.1.2, no appeal lies in respect of the issuance of a
Development Permit for a permitted use unless the provisions of this Bylaw were
relaxed, varied, or misinterpreted.
8.1.4
An appeal made by an applicant must be commenced:
a. within 21 days after the date on which the decision is made: or
b. if no decision is made with respect to the application within the 40-day period,
or within any extension of that period, within 21 days after the date the period
or extension expires.
8.1.5
Any person claiming to be affected by an order, decision, or Development Permit
made or issued by an Approving Authority may appeal the decision to the
appropriate Board as per Section 685(2.1) of the Municipal Government Act.
8.1.6
An appeal made by any affected person other than the applicant must be made
within 21 days after the date on which the decision is made.
PREAMBLE
In accordance with the provisions of the Municipal Government Act, this section of the Bylaw
outlines the procedure and associated requirements for appeals to the Subdivision and
Development Appeal Board, the Municipal Government Board, and the Court of Appeal. The
intent of this section is to inform applicants of their rights and procedures pertaining to
subdivision and development appeals.
Note: The text contained within this box does not form a part of the Land Use Bylaw and is
only provided as context for the reader.
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8.1.7
An appeal on a Development Permit decision shall be made by serving a written
notice of appeal in person, by mail, or by email, containing reasons for the appeal,
accompanied by the appropriate administrative fee as per a fee schedule set by
Bylaw of Council, to the Secretary of the appropriate Board as per Section 685 (2.1)
of the Municipal Government Act, within 21 days after the date on which the
decision is made as specified in Section 686(1) of the Municipal Government Act.
8.1.8
Written notice or an order or decision made by the Development Authority is
deemed to be served the same day the decision is made.
8.1.9
There is no appeal on a decision by Council with respect to a Direct Control District.
8.1.10
The Appeal Board shall consider and make decisions on appeals pursuant to
Section 687 of the Municipal Government Act.
8.1.11
A decision made by the Subdivision and Development Appeal Board or Municipal
Government Board (Land and Property Rights Tribunal) is final and finding on all
parties subject only to an appeal upon a question of law or jurisdiction pursuant to
Section 688 of the Municipal Government Act.
8.2
SUBDIVISION APPEALS
8.2.1
Pursuant to section 678(1) of the Municipal Government Act, a decision on an
application for subdivision may be appealed by the applicant, by a Government
department (if that department is required to be circulated on the application) or by
the School Authority (with respect to matters related to municipal reserve or school
reserve lands).
8.2.2
Pursuant to Section 678(2) of the Municipal Government Act, appeals must be
made by filing a notice of appeal within 14 days of receipt of the decision of the
Subdivision Authority or deemed refusal by the Subdivision Authority in accordance
with Section 681 of the Municipal Government Act.
a. with the Municipal Government Board (Land and Property Rights Tribunal)
i.
unless otherwise provided in the regulations undersection 694(1)(h.2)(i),
where the land that is the subject of the application:
(A) is within the Green Area as classified by the Minister responsible
for the Public Lands Act,
(B) contains, is adjacent to or is within the prescribed distance of a
highway, a body of water, a sewage treatment or waste management
facility or a historical site,
(C) is the subject of a licence, permit, approval, or other authorization
granted by the Natural Resources Conservation Board, Energy
Resources Conservation Board, Alberta Energy Regulator, Alberta
Energy and Utilities Board or Alberta Utilities Commission, or
(D) is the subject of a licence, permit, approval, or other authorization
granted by the Minister of Environment and Parks, or
ii. in any other circumstances described in the regulations under section
694(1)(h.2)(ii),
8.2.3
Pursuant to Section 678(3) of the Municipal Government Act, the date of receipt of
the decision is deemed to be 7 days from the date the decision is mailed.
8.2.4
Pursuant to Section 678(4) of the Municipal Government Act, a notice of appeal on
a subdivision must contain:
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a. The legal description and municipal location, if applicable, of the land proposed
to be subdivided, and
b. The reasons for appeal, including the issues in the decision or the conditions
imposed in the approval that is the subject of the appeal.
8.2.5
Pursuant to Section 678(5) of the Municipal Government Act, if the applicant files
a notice of appeal within 14 days after receipt of the written decision or the deemed
refusal with the wrong board, that board must refer the appeal to the appropriate
board and the appropriate board must hear the appeal as if the notice of appeal
had been filed with it and it is deemed to have received the notice of appeal from
the applicant on the date it receives the notice of appeal from the first board.
8.2.6
The Board hearing an appeal shall give at least 5 days' written notice of the hearing
in accordance with Section 679 of the Municipal Government Act.
8.2.7
Pursuant to Section 680(3) A Subdivision and Development Appeal Board hearing
an appeal must hold the hearing within 30 days after receiving a notice of appeal
and give a written decision together with the reasons for the decision within 15 days
after concluding the hearing.
8.2.8
Pursuant to Section 680(4) of the Municipal Government Act, a Municipal
Government Board hearing an appeal must hold the hearing within 60 days after
receiving a notice of appeal and give a written decision together with the reasons
for the decision within 15 days after concluding the hearing.
8.3
COURT OF APPEAL
8.3.1
Pursuant to Section 688 of the Municipal Government Act, an appeal is directed to
the Court of Appeal on a question of jurisdiction or law with respect to:
a. A decision of the Subdivision and Development Appeal Board; or
b. The Municipal Government Board on a subdivision appeal.
8.3.2
An application for permission to appeal pursuant to subsection 8.3.1 must be filed
and served within thirty (30) days after the issue of the decision sought to be
appealed, and notice of the application must be given to:
a. The Municipal Government Board or the Subdivision and Development Appeal
Board; and
b. Any other person(s) that the judge directs.
8.3.3
Pursuant to Section 688(5) of the Municipal Government Act, if an appeal is from a
decision of a subdivision and development appeal board, the County must be given
notice of the application for permission to appeal and the board.
8.4
APPEAL OF STOP ORDERS
8.4.1
A person named in a stop order may appeal to the Subdivision and Development
Appeal Board pursuant to Section 685 of the Municipal Government Act.
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PART 4 RULES GOVERNING ALL
DISTRICTS
SECTION 9 GENERAL REGULATIONS
9.1
ACCESS TO PROPERTY:
9.1.1
All newly created parcels must have a direct legal, physical access. The Director of
Public Works and engineering, in consultation with the Approving Authority where
applicable, may determine the most suitable access and egress point(s) onto a
Municipal road with regard to any new accesses in the County.
9.1.2
Legal, physical access to a parcel of land, for any use other than agricultural use,
must exist prior to a Development Permit and/or Building Permit being issued.
9.1.3
Section 4.2.1 of this bylaw outlines where no Development Permit is required for
development of an access to property. It is the landowner's responsibility to ensure
that they have obtained all necessary permits in all other instances.
9.1.4
Notwithstanding Section 9.1.3, A Development Permit or Building Permit cannot be
obtained until the Director of Public Works has signed off on an approved legal,
physical access. Sign off by the Director of Public Works may involve the landowners
to fully executing and complying with all requirements of a Municipal Development
Agreement for the purposes of development of legal access to the lands, including
submission of appropriate engineered drawings, cost estimates, liability insurance
and a letter of credit to the satisfaction of the Director of Public Works.
9.1.5
For purposes of this Bylaw, an easement agreement or easement does not
constitute legal access unless a future road dedication or utility right of way has
been registered over the easement area and the County has become a party to the
easement to ensure that it cannot be removed without Council resolution.
9.1.6
All site access from roads shall be to the satisfaction of the Director of Public Works
and Engineering with respect to location and design.
PREAMBLE
This section of the Land Use Bylaw contains general regulations that apply to land
throughout the County regardless of what district the land is designated. While lands are
subject to district specific regulation, this section must also be referenced for applicable
regulations.
Note: The text contained within this box does not form a part of the Land Use Bylaw and is
only provided as context for the reader.
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9.1.7
As a condition of development permit, redesignation or land use amendment, or
subdivision approval, the Approving Authority may require the construction of new
approaches, upgrading to existing approaches and/or the removal of approaches
to achieve desired access management objectives.
9.1.8
All approaches shall be constructed or upgraded to the satisfaction of the Director
of Public Works and Engineering in accordance with the "Rural Approach Standards
Policy" which can be found in Appendix I. Where required, adjustments to
approaches shall be at the cost of the applicant.
9.1.9
The Council may allow access by way of easement in special circumstances if
deemed appropriate. In such case, the County will be party to the easement
agreement and the agreement shall be registered on title. A road acquisition
agreement and Caveat may be required over the easement area registered on title
of the subject lands.
9.1.10
Upgrading and surfacing of private driveways within the Municipal right of way will
require approval by the Director of Public Works and Engineering and shall be in
accordance with the "Rural Approach Standards" included as Appendix I of this
bylaw.
9.2
ACCESSORY BUILDINGS AND USES
9.2.1
In all residential districts, the principal building on each lot shall be a Dwelling, Unit.
Notwithstanding anything contained in the land use rules applicable to such
districts, accessory buildings shall be considered as permitted uses only in cases
where a permitted permanent Dwelling, Unit is actually located on the Lot.
9.2.2
Notwithstanding section 9.2.1, an accessory building exceeding the maximum area
allowed in accordance with Section 4.2.1.7, shall be considered as a discretionary
use and required to have an approved Development Permit.
9.2.3
In accordance with Section 4.2.1.9, permanent dwellings with up to two private
vehicle garages, attached to the permitted dwelling or detached, in addition to the
accessory buildings allowed under Section 4.2.1.7, do not require a Development
Permit, and shall not be included in the total accumulated area unless noted by a
Development Permit Decision where:
a. the total cumulative area not to exceed 167.23 sq. m. (1,800 sq. ft.), on
agricultural zoned parcel or
b. the total cumulative area of not exceeding 111.48 sq. m. (1,200 sq. ft.) in all
other land use districts .
9.2.4
The sum total area allowed of all accessory buildings on site may be considered
when looking at the maximum area allowed noted in the land use districts.
9.2.5
All accessory buildings shall be located at least 2.4m (7.8 ft.) from any principal
building and shall meet all minimum setback requirements.
9.2.6
Where another building is attached to the principal building on a site by a roof,
common wall, or foundation, it is considered to be part of the principal building and
not an accessory building.
9.2.7
An accessory building shall not be used as a dwelling unless specifically approved
for that purpose.
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9.2.8
A Sea-can may be considered as an accessory building to be used for storage
purposes only in accordance with the following:
a. On parcels 21 acres or more, one (1) Sea-can no larger than 48' in length and
10' in width, is permitted without a Development Permit, provided it meets the
minimum setback requirements for that Land use District and does not exceed
the maximum requirements under the applicable land use district.
b. In all other instances, a Development Permit is required for placement of a Sea-
can and must be in compliance with Table 4.2.1.7A for a maximum area for
accessory buildings not requiring a Development Permit.
c. The exterior finish should match or compliment the exterior finish of the
principal building or be screened from view to the satisfaction of the
Development Authority.
9.3
APPEARANCE OF PROPERTIES
9.3.1
Properties shall be maintained in an orderly fashion including all buildings,
structures, and improvements kept in a reasonable state of repair so as to not
become an unsightly premise or safety hazard.
9.3.2
Properties that possess conditions that constitute an unsightly premise will be dealt
with and enforced in accordance with the "Community Standards Bylaw" included
as Appendix J of this bylaw.
9.4
BOUNDARY ADJUSTMENTS
9.4.1
A boundary adjustment is a change of the boundaries of an existing lot such that
no additional lots are created, and the lot boundaries do not contravene the yard
setback limits or minimum or maximum sizes for the district as set forth in this
Bylaw.
9.4.2
No redesignation is required for boundary adjustments where the parcel size of
both lots involved remain within the parcel size requirements for that land use
district in which the property will be zoned following the boundary adjustment.
9.4.3
The portion of a lot including a road plan or railway plan that has been consolidated
by a boundary adjustment or other means acceptable to Land Titles, with the title
to another lot will automatically reflect the district designation of the lot with which
it has been consolidated.
9.5
CONDOMINIUM DEVELOPMENT
9.5.1
A bare land condominium may be authorized in a land use district where the said
development fully complies with the requirements of that district.
9.5.2
Development of land within a bare land condominium shall be considered the same
as the development of land within a fee simple subdivision, with each condominium
unit treated as an individual lot.
9.5.3
Development within a bare land condominium shall be subject to all of the
provisions of the relevant land use district unless otherwise amended by Bylaw of
Council.
9.5.4
Notwithstanding sub-section 9.5.2 and 9.5.3, the side yard setbacks will not apply
to the common wall side of the structure where a condominium building has a
common wall.
9.5.5
Improvements intended to service bare land condominium development shall be in
accordance with municipal standards.
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9.5.6
A bare land condominium project shall ensure that each proposed condominium
unit is accessed by a public roadway, a public laneway, condominium common
property, or a unit characterizing condominium common property.
9.5.7
The registered landowner or applicant subject to the approval within a
condominium development shall be responsible for ensuring the conditions of the
approved Development Permit are met to the satisfaction of the County.
9.5.8
Where land is contained in a bare land condominium governed by condominium
corporation bylaws, it is the landowner and/or applicants' responsibility to consider
and conform to applicable condominium corporation bylaws when applying for
Development Permit and /or Building Permit applications.
9.5.9
Common property or a unit characterizing condominium common property, may be
considered when evaluating compliance with setbacks on a "Building Condominium
Unit" for a letter of compliance.
9.5.10
Setbacks to boundaries of adjacent "Building Condominium Units shall be
established in the Development Permit or as part of any exemption in the land use
district where appropriate.
Note: The Land Use Bylaw takes precedent over all condominium bylaws and/or architectural
controls, the County has no legal ability to enforce condominium association bylaws, and the
Condominium bylaws are not to be considered relevant considerations to the Approving
Authorities when making a decision.
9.6
DENSITY AND PARCEL SIZE EXEMPTIONS
9.6.1
In order to ensure that the purpose and intent of the Districts are maintained, all
lots shall comply with the density and/or parcel size requirements unless approved
otherwise by bylaw allowing for an exemption to the density and/or parcel size.
9.6.2
Lots used for Public Works, school purposes, school reserve, municipal reserve
and/or municipal/school reserve land shall be exempt from:
a. The minimum lot size requirements; and
b. The density calculations for maximum number of Lots or dwellings per quarter
section.
9.6.3
When looking at subdivision potential, the Subdivision Authority may consider the
parent parcel size prior to any road widening being removed from the title or lands
removed for the purposes of road or public utility.
9.7
DENSITY BONUS
9.7.1
Over-dedication of Municipal reserve lands, to a minimum of 20% total dedication,
provided by way of developable land, may allow the developer a density bonus of
up to 25% of the allowable density, at the discretion of Council in accordance with
the density provisions listed in Section 9.7.
9.7.2
Density bonus incentives for Municipal/School Reserve in the County are intended
to apply primarily to comprehensively planned residential developments where one
contiguous, developable parcel of land, can be dedicated and may be considered
suitable by Council.
9.7.3
When considering if applications are suitable for density bonus incentives Council
will give consideration to:
a. Size of the proposed development.
b. Type and design of the development.
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c. Percentage of MR/School reserve lands proposed.
d. Site characteristics.
e. The needs for a school site, fire halls, recreation centers, or other amenities in
the subject area.
f. Potential impact on the surrounding area.
g. Suitability of access for the site.
h. Servicing capability.
i.
Any other considerations Council deems appropriate.
9.8
DEVELOPABLE AREA FOR PARCELS
9.8.1
Every lot in a subdivision must include a suitable developable area, which is defined
as the minimum area required to ensure that there is adequate space for a building
site, water well and sewage disposal system taking into account the setback
distance requirements of the County's land use bylaw, any required setbacks
recommended by a geotechnical engineer following a review of the site, meets
provincial requirements, and meets the following criteria:
a. The developable area is not subject to the development restrictions such as
those created by sour gas or other natural resource extraction, flooding,
hazardous lands, landfills, transfer stations, sewage lagoons or other
restrictions as indicated by the Act and the Provincial Planning Regulation.
b. The developable area contains a water table and soil suitable for the
construction of a building site and wastewater disposal system to be utilized.
c. The developable area does not exceed 15% in slope unless a report has been
submitted to the satisfaction of the County, prepared by a qualified Professional
which indicates that the developable area is suitable for residential
construction; and
d. The developable area is sufficient to accommodate all buildings within the
applicable setback requirements for the land use district; and
e. The developable area is considered developable by the Subdivision Authority.
9.8.2
Notwithstanding that minimum setback requirements for the land use districts do
not apply to well locations and septic systems, the minimum size of developable
area must meet the above criteria and shall also allow for:
a. The required setbacks from the well to all property lines; and
b. Separation distances for septic tanks and fields and package sewage treatment
plants, to both property lines, water sources, and buildings in accordance with
the provincial standards such as those currently required in the Alberta Private
Sewage Systems Standard of Practice.
9.9
DEVELOPMENT ADJACENT TO PUBLIC ROADWAYS
9.9.1
Development shall be set back from public roads in accordance with the minimum
distances established in the district provisions unless a variance is granted in a
Development Permit.
9.9.2
Development within 300 m (984 ft.) of a provincial highway or 800 m (2625 ft.) of
an intersection with a provincial highway may require approval from the Province
and/or a roadside development permit.
9.9.3
Development adjacent to a provincial highway may be required to satisfy conditions
that exceed the provisions of this Bylaw.
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9.9.4
The location and construction standards of an access approach onto a provincial
highway shall be to the satisfaction of the Province.
9.9.5
Development adjacent to the intersection of two or more roads shall not impede
the visibility or safe movement of traffic.
9.10
ENVIRONMENTALLY SIGNIFICANT AREAS
9.10.1
The proponent of a development in or near an area deemed to be environmentally
significant by the Approving Authority may be required to submit an environmental
impact analysis as part of a Development Permit application, redesignation and/or
land use amendment, or subdivision application.
9.10.2
When considering development involving land in or near an environmentally
significant area, the Approving Authority may refer the application to federal or
provincial departments and other relevant environmental agencies for comments
prior to reaching a decision.
9.10.3
A Development Permit issued for a permitted or discretionary use within an
environmentally significant area may include conditions for meeting specific
environmental objectives determined by the Approving Authority. Such conditions
may include, but are not limited to, restrictions on site clearing and grading,
additional setback requirements, retention of shelterbelts, fencing, siting and
standards of buildings, emission controls, and buffering requirements.
9.10.4
Removal of natural vegetation and alterations to the natural drainage of lands
within or adjacent to an environmentally significant area shall be discouraged.
9.10.5
A Confined Feeding Operation (CFO) shall be discouraged within an environmentally
significant area or in a location that may have an adverse impact on an
environmentally significant area.
9.11
HEIGHT AND GRADE
9.11.1
Building height shall conform to the maximum height specified in the Land Use rules
for the appropriate Land Use district.
9.11.2
On sloped grades the height of the building shall be calculated as the average
between the high and low points of the grade. Sum of height = X (being the highest
point) + Y (being the lowest point) ÷ 2 = height average.
Figure 9.11.2 A Showing How Height Is Calculated
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9.12
KEEPING OF DOGS
9.12.1
In accordance with Section 4.2.1, no permit is required for the keeping of up to
three (3) adult dogs over 6 months of age at any one time, on a lot containing a
dwelling, in all land use districts so long as the dogs are managed in accordance
with all other municipal bylaws.
9.12.2
For circumstances outside of the above referenced provisions and additional
information on the keeping of dogs, please see Section 10.13 Kennels for
regulations and permit requirements.
9.12.3
The keeping of dogs in the County shall be done so in accordance with "The
Regulation and Control of Dogs", attached as Appendix K of this Bylaw and the
"Community Standards Bylaw" attached as Appendix J.
9.13
LAND SUBJECT TO FLOODING
9.13.1
The Flood Hazard Area is defined in Section 2.5 as the total area flooded by a 1:100
year flood and is divided into the following zones and is identified in the diagram
9.13 1 A
a. FLOODWAY: The portion of the flood hazard area where flows are deepest,
fastest, and most destructive. Floodway is described in the Alberta
Environment's Flood Hazard Identification Program (http://floods.alberta.ca).
b. FLOOD FRINGE: Floodwater in the flood fringe is generally shallower and flows
more slowly than in the floodway. Flood fringe is the outer portion of the flood
hazard area. Flood fringe is described in the Alberta Environment's Flood
Hazard Identification Program (http://floods.alberta.ca).
9.13.2
Lands Impacted by 2013 Flood Event are those lands which the County believes
were impacted by flooding on June 20th, 2013. These lands may or may not be
within the flood hazard area. Some of these lands may only have been partially
flooded or minimally impacted, while some may have been significantly impacted.
9.13.3
Flood Hazard Protection Overlay Area are those lands included within one or all of
the following areas:
a. Floodway.
b. Flood Fringe; or
c. Lands impacted by 2013 Flood Event.
9.13.4
Provisions for land subject to flooding are provided for in Section 11.1 Flood Hazard
Protection Overlay.
9.13.5
It is the landowner's responsibility to determine if their lands are located within the
Flood Overlay District and comply with all provisions thereof.
9.13.6
More information can be found on provisions for land subject to flooding under
Section 11.1 Flood Hazard Protection Overlay District.
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Figure 9.13.1 A - 100 Year Flood Elevation Illustration
9.14
LANDSCAPING, FENCING, AND SCREENING
9.14.1
In accordance with section 4.2.1, landscaping, as defined by this bylaw, does not
require a Development Permit so long as it meets lot grading and all other
requirements of this bylaw. Please refer to Section 9.17 "Lot Grading and
Drainage".
9.14.2
The Development Authority may require that landscaping and/or screening is
provided in conjunction with any development and is addressed as part of the
Development Permit application. The intent of landscaping and screening is to
contribute to a reasonable standard of appearance for developments, to provide a
positive overall image for the County and to encourage good environmental
stewardship.
9.14.3
Landscaping and screening requirements may be applied to commercial and
industrial uses. Where landscaping and screening is required, it shall be completed
in accordance with the County's "Screening Standards" included as Appendix G of
this bylaw.
9.14.4
Landscaping may be required as a condition of a Development Permit in
accordance with all requirements of this bylaw and the screening standards.
9.14.5
On corner lots, setbacks for landscaping and fencing must be in accordance with
sub-section 9.27.9 of this Bylaw.
9.14.6
Notwithstanding sub-section 9.14.5, standard barbed wire fencing or equivalent
shall be permitted within the identified sight triangle so long as it does not form a
visual barrier for sightlines.
9.14.7
All trees, hedges, shrubs forming a shelterbelt or solid fences (including chain link
fences with solid slats that may create visual barrier) shall be located no closer
than:
a. 20 m (65.62 ft.) from the centerline of a municipal road or municipal right of
way.
b. 25m. (82.02 ft.) from the centerline of a secondary highway and Dunbow road;
and
c. 40m (131.23 ft.) from the ultimate right of way of any Primary Highway.
9.14.8
Notwithstanding sub-section 9.14.7, single tree planting may be located within 2m
(6.56 ft.) of the property line.
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9.14.9
Where berms are used for screening purposes, the berm shall be constructed in
accordance with the screening standards.
9.14.10 No Development Permit is required for fences and/or gates where it is exempt
under Section 4.2.1 of this Bylaw.
9.14.11 Where fencing is used for screening purposes, the fence shall be constructed in
accordance with the screening standards.
9.14.12 The following shall apply to all fencing undertaken in the County.
a. If solid metal fencing is installed a border capping unfinished edges on the top
and bottom of the fence shall be included.
b. Fencing shall be consistent with the character and quality of the design and
materials of the structures on the property; and
c. The minimum setback distances required for yards do not apply to fences 2m
(6.5 ft.) or less in height, except where applicable under Section 9.14.7 and
9.27.9.
d. Fencing shall not be constructed that will interfere with the amenities of the
neighborhood nor materially interfere with or affect the use, enjoyment, or value
of neighboring properties.
9.14.13 Where a fence is not exempt from the requirements of a Development Permit under
Section 4.2.1 of this bylaw, a fence shall be considered a Discretionary use in all
land use districts and may be approved if the Development Authority has
determined that:
a. The fence would not interfere with the amenities of the neighborhood; and
b. The fence would not materially interfere with or affect the use, enjoyment, or
value of neighboring properties.
9.15
LIGHTING
9.15.1
All new lighting in the County should be installed in accordance with the "Dark Sky
Bylaw" attached as Appendix E of this bylaw. The County passed this bylaw to
regulate the type of light source and fixtures permitted in the County thereby
mitigating light pollution and reducing existing light pollution.
9.15.2
The following shall affect ALL exterior lighting undertaken in the County.
a. the installation of any exterior lighting in the County shall meet the requirements
set forth in the "Dark Sky Bylaw" attached as Appendix E of this bylaw.
b. Outdoor lighting on a site shall be located and designed so as to not interfere
with the use and enjoyment of neighboring properties, or with the safe and
effective use of public roadways.
c. The maximum permitted height for a freestanding light pole is 9.0m (29.5 ft.)
above building grade unless otherwise determined by the Approving Authority
who shall have regard for the scale and character of adjacent development and
any matters of aesthetics or public safety considered to be relevant.
d. In accordance with the Dark Sky Bylaw, all luminaires lawfully in place prior to
April 16, 2009, shall be grandfathered until such time as they are moved,
repaired, or replaced at which time they shall be brought into conformance with
the said bylaw.
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9.16
LOT DIMENSIONS
9.16.1
No Development Permit shall be issued for any development on a lot the area or
width of which is less than the minimum prescribed for the District in which the Lot
is located, except that a lot of separate record in the Land Titles Office, existing at
the date of the passing of this Bylaw, containing less than the required minimum
area or width may be used subject to the discretion of the Development Authority if
all other requirements of this Bylaw are observed.
9.16.2
Whenever it is intended to use two or more abutting lots described within existing
Certificates of Title to form a larger area of land for the purpose of carrying out a
development thereon, the larger area so formed shall be used in the determination
of the lot area, and the boundaries of the larger area so formed shall be used in the
determination of the lot width, lot depth and setback requirements prescribed for
the District in which the larger area so formed is located. A Development Permit
shall not be issued until assurance satisfactory to the Development Authority is
given by appropriate agreement or otherwise, that the individual lots forming part
of the larger area will not be subdivided and will not be used for any other purpose
for so long as the proposed development is carried out on the larger area so formed.
9.17
LOT GRADING AND DRAINAGE
9.17.1
Section 4.2.1 of this bylaw outlines all provisions where no Development Permit is
required for the construction of lot grading and drainage. All other instances are
considered requiring a Development Permit. It is the landowner's responsibility to
ensure that they have obtained all necessary permits.
9.17.2
The regulations contained within this subsection are intended to apply primarily to
those situations where lot grading is proposed.
a. Independent of, or prior to, approved Development Permit on the same parcel.
b. Independent of, or prior to, a signed development agreement between the
owner/developer and the County; or
c. Independent of, or prior to an approved resource extraction use on the same
parcel.
9.17.3
The Approving Authority may require, as a condition of a Development Permit,
redesignation, land use amendment, or subdivision, that a developer submit a lot
grading and/or drainage or Storm water management plan.
9.17.4
Unless lot grading is part of a signed development agreement, every application for
lot grading is considered a Discretionary Use within the designated land use district
of this Bylaw which affects the subject land and shall require a Development Permit
unless exempted from a Development Permit under Section 4.2.1 "No
Development Permit Required".
9.17.5
An application for Development Permit with respect to lot grading shall, in addition
to the information requirements of Section 4.3 and Section 4.4, include engineered
plans and a written description of the proposal describing:
a. The location and dimensions of the proposed disturbed area.
b. Existing conditions of the land including topography, vegetation, surface
drainage patterns, and water courses.
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c. The type of lot grading activity proposed including:
i.
Proposed grade elevations all over disturbed areas.
ii. Proposed surface drainage patterns.
iii. Amount of topsoil to be removed and replaced.
iv. Amount off clay cut and/or fill.
d. Any impact on existing drainage in terms of volume and flow rate.
e. Engineering analysis will be required for changing of existing drainage pattern.
f. Proposed access, haul routes and haul activities.
g. Proposals for preventing nuisance from dust.
h. A reclamation plan that includes measures for controlling erosion and sediment,
vegetation, weeds, etc.; and
i.
The costs required to reclaim the property.
9.17.6
All lot grading shall, to the extent practical, retain the natural contour of the land,
minimize the necessity to use retaining walls or any other controlling structure and
ensure positive drainage to appropriate receiving water courses. If a person alters
the lot drainage on a property so that water drains onto adjacent parcels, that
person shall be responsible for corrective drainage structures, including retaining
walls, to divert water from neighboring properties.
9.17.7
Where, in the process of an approved development, areas require lot grading, the
topsoil shall be removed before work commences and replaced following the
completion of the work.
9.17.8
Borrow areas may be allowed in any land use district provided that:
a. A Development Permit has been issued for lot grading.
b. The excavated material is used as fill in a development within the County or an
adjacent County for development that has been approved by that County.
c. The maximum area of excavation does not exceed 8 ha; the maximum amount
of material to be removed from the site does not exceed 40,000 m3 and the
excavated material does not contain sand or gravel.
d. There is no impact on water flows to or from adjacent lands.
e. A reclamation plan has been prepared for the site, to the satisfaction of the
Approving Authority in consultation with the Municipal Engineer; and
f. The time from commencement of excavation to completion of reclamation does
not exceed 120 days.
9.17.9
A Development Permit shall be required for any berm that exceeds 1m (3.28 ft.) in
height and shall be subject to no impact on existing drainage. The berm shall be
located and landscaped to the satisfaction of the Director of Public Works and
Engineering.
9.17.10 A Development Permit shall be required for relocating topsoil from one property to
another in the County or from lands outside of the County except where it is in
accordance with an executed Development Agreement or exempted under Section
4.2.1 of this Bylaw.
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9.17.11 On applications for Development Permit for the placing of topsoil on a property in
accordance with Section 9.17.10, the Development Authority, may require the
following:
a. an executed Development Agreement, and/or
b. a Road Use Agreement to the satisfaction of the County's Public Works
department or written confirmation from the County that a Road Use Agreement
is not required; and
c. An approved engineered Lot Drainage Plan to the satisfaction of the County's
Public Works Department.
9.17.12 The Development Authority may require the applicant of a proposed development
to provide landscaped screening of large stockpile areas in accordance with the
"Screening Standards". The Development Authority will use their discretion when
accepting applications and imposing conditions on approvals, in determining if the
screening standards apply and to what extent.
Additional information and provisions that pertain to lot grading can be found in Section 9.14
"Landscaping, Fencing, and Screening"; and Section 9.18 "Man-made Water Bodies".
9.18
MAN MADE WATER BODIES
9.18.1
A Development Permit is required for the construction of man-made water bodies
except where exempt from getting a Development Permit under Section 4.2.1 "No
Development Permit Required" of this bylaw.
9.18.2
An application for a Development Permit shall be obtained through the County with
respect to a dugout/private dam when a parcel is less than 21 acres or on a parcel
over 21 acres, when it is being used for purposes other than agriculture, general
use.
9.18.3
Some dugouts/private dams require licences and approvals under the Water Act in
addition to Municipal requirements. It is the landowner's responsibility to consult
with Alberta Environment on application approvals and license requirements.
9.18.4
Dugouts/private dams shall:
a. Be located a minimum of 30m (98.43 ft.) from centerline of any Municipal Road
to the top of the bank.
b. Be located a minimum of 25m (82.02 ft.) from the center of any Secondary
Highway to the top of bank.
c. Be a minimum of 40m (131.23 ft.) from the ultimate right of way of any Primary
Highway to the top of bank; and
d. Not encroach upon, or affect, any watercourse or drainage easement.
9.18.5
Dugouts/private dam should be located in accordance with the recommended
setbacks set out by Alberta Agriculture, Food & Rural Development as per their
latest revision/amendment. It is the landowner and/or developers' responsibility to
check with Alberta Agriculture, Food & Rural Development, and other applicable
government departments for current regulations.
9.18.6
Landowners and/or developers are responsible to enquire about and comply with
all necessary regulations and licensing requirements through provincial bodies
such as Alberta Environment when developing any man-made water body or
enhancing existing feature. Exemption from the requirement for a municipal
approval does not exempt the landowner and/or developer from the necessary
Provincial approvals.
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9.18.7
Private lakes, storm water ponds and lagoons for the purposes of processing
wastewater may require approval and licensing through Alberta Environment in
addition to any requirements of this Bylaw. It is the landowner and/or developers -
responsibility to ensure that the additional approvals are obtained, and necessary
Federal/Provincial regulations met.
9.19
PARKING AND LOADING FACILITIES
9.19.1
Any parking stall or any loading space provided shall be developed to the
specifications as outlined by the Development Authority in accordance with Table
9.19 A and serviced and landscaped to the satisfaction of the Director of Public
Works and Engineering.
9.19.2
The Development Authority may require a parking assessment be prepared to a
standard acceptable to the Approving Authority to facilitate the determination of
parking requirements as part of an application for redesignation, land use
amendment, or Development Permit, to document the parking demand and supply
characteristics associated with the proposed development. The County may
consider the recommendations of such parking assessment in exercising discretion
to allow a reduction of the minimum number of spaces specified in this Bylaw but
is not bound by such recommendation.
9.19.3
Parking stalls and loading spaces shall be so constructed that:
a. Every access to an off-street parking stall or loading area shall be hard-surfaced
if the access is from a street or public lane that is hard-surfaced.
b. Adequate access to, and exit from, each stall is provided at all times by means
of maneuvering aisles designed to the satisfaction of the Approving Authority in
consultation with the Director of Public Works and Engineering and the
Municipal Fire Chief and Protective services in accordance with provincial fire
code and emergency response requirements.
c. Curb cuts will be provided and located as necessary to the satisfaction of the
Approving Authority in consultation with the Director of Public Works and
Engineering; and
d. Adequate curbs or concrete bumpers will be provided to the satisfaction of the
Director of Public Works and Engineering.
9.19.4
Some parking lots and loading areas may require landscape screening in
accordance with the "Screening Standards" attached as Appendix G of this bylaw.
The Approving Authority will use their discretion when accepting and imposing
conditions on applications as to whether or not the screening standards apply and
to what level.
9.19.5
For residential development, including home businesses, on-site parking stall for
heavy vehicles and/or mobile equipment shall be located indoors or outdoors in a
location which is generally not visible from public roads or adjacent properties.
Parking of heavy vehicles shall not be permitted in a front yard unless sufficient
screening is provided to the satisfaction of the Approving Authority.
9.19.6
Required on-site parking shall be subject to all setbacks and yard requirements
specified elsewhere in this Bylaw.
9.19.7
For recreation facilities (indoor or outdoor) with maximum occupancy (or maximum
number of users) over 500 people, a parking study completed by an accredited
transportation engineer is required. Minimum parking requirements will be based
on the results of this study.
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Parking stall Dimension Requirements
9.19.8
Parking requirements shall be calculated on the basis of gross floor area, unless
otherwise stated, and where a fractional figure occurs it shall be rounded to the
next higher figure.
9.19.9
Size of parking stalls and aisles shall be provided in accordance with Table 9.19 A
with consideration to the following standards:
a. Each required off-road parking stall shall have a vertical clearance of at least
2.0 m (6.6 ft.).
b. Parking for the physically handicapped shall be provided as per the Provincial
regulations and shall be considered as part of the number of stalls required for
the project. A minimum of 2% of the total number of stalls shall be provided and
clearly identified for use by the physically disabled.
c. Parking stalls for the physically disabled shall:
i.
Be a minimum of 3.9 m (12.8 ft.) in width.
ii. Be located as close as possible to ramps, walkways, and building
entrances.
iii. Be arranged in such a way that users of wheelchairs are not required to
pass behind parked cars; and
iv. Have no more than two (2) parking stalls for physically disabled persons
placed adjacent to each other.
d. Parking stall design standards contained in Table 9.19 A may be altered at the
discretion of the Approving Authority when uses may require larger stalls.
e. Parking stalls for recreation vehicles, where applicable shall be a minimum
3.0m (9.80 ft.) in width and 7.0m (22.96 ft.) in length.
Number of Vehicle Parking Stalls Required
9.19.10 In districts and for uses allowing for on-street parking, the number of parking stalls
made available on-street will be removed from the off-street parking requirement.
9.19.11 Parking requirements are listed by land uses and type of development in the Tables
9.19 B through 9.19 F.
9.19.12 When a building is enlarged, altered, or a change in the use occurs in such a manner
as to cause a more intensive use of the building, provision shall be made for the
additional parking and loading spaces required under the parking provisions of this
Bylaw. The calculation shall be based on the number of additional parking stalls
required as a result of the enlargement, alteration, or change in the use of the
building, in addition to any parking stalls that may have been removed due to the
enlargement or alteration.
9.19.13 Where a development on a parcel contains more than one (1) use of a building or
development, the required number of parking stalls and loading spaces shall be the
sum of the requirements for each use, unless it is demonstrated that there will be
a complementary or non-overlapping use of parking stalls that warrants a reduction
in the total requirement.
9.19.14 Parking requirements for uses not mentioned in the following tables shall be
provided as determined by the Development Authority in consultation with the
Director of Public Works and Engineering.
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9.19.15 Off-road parking stalls shall be provided as required by the Development Authority
with consideration given to the parking requirements outlined in Tables 9.19 B -
9.19 F.
9.19.16 Guest parking for dwelling, attached shall be available at an entrance of the site
and shall be clearly identified as guest parking.
9.19.17 Guest parking for manufactured home parks shall be conveniently located on the
site.
9.19.18 Parking for housing for senior citizens, regardless of housing type shall be provided
at a minimum of one (1) stall per four (4) sleeping units.
9.19.19 The Development Authority has discretion to amend the parking requirements if
deemed necessary. The parking requirements are meant as a guideline.
9.19.20 In the case of a use not specified in Table 9.19 B through Table 9.19 F, the number
of parking stalls provided shall be the same as for a similar use as determined by
the Approving Authority.
Table 9.19 A Parking Stall Design Standards
PARKING ANGLE
(IN DEGREES)
MINIMUM STALL
WIDTH
MINIMUM STALL LENGTH
MINIMUM AISLE WIDTH
Parallel
2.75m (9.0 ft.)
7.0m (23.00 ft.) (or 5.5m
(18ft) for open end spaces)
3.5m (11.48 ft.)
30
2.75m (9.0 ft.)
5.1m (16.73 ft.)
3.5m (11.48 ft.)
45
2.75m (9.0 ft.)
6.0 (19.69 ft.)
3.5m (11.48 ft.)
60
2.75m (9.0 ft.)
6.4m (21.00 ft.)
5.5m (18.04 ft.)
90
2.75m (9.0 ft.)
6.0m (19.69 ft.)
7.0m (22.97 ft.)
Table 9.19 B: Parking Requirements for agricultural related land uses:
AGRICULTURE
Agricultural, General
None beyond spaces required for residential dwelling units
Agricultural, Intensive
2, plus 1 per employee
Arenas/Equestrian
Establishments
1 per 4 seating spaces + 1 per 46.5 sq. m. (500 sq. ft.)
Intensive Vegetation Use
2 per 100 sq. m. (1076.4 sq. ft.) of retail sales structure; plus
1 per 100 sq. m. (1076.4 sq. ft.) of yard and/or warehouse
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Table 9.19.C Parking Requirements for residential and residential related land uses:
TYPE OF DEVELOPMENT
MINIMUM PARKING REQUIREMENT
Dwelling Detached Single Family
2 per dwelling unit
Dwelling, Duplex
Dwelling, Semi-detached
Dwelling, Manufactured/Mobile
Dwelling, Moved On
Dwelling, Temporary
Dwelling, Secondary Suite
-
Up to a max. 1000 sq. ft. in size
-
Over 1000 sq. ft. in size
1 parking stall
2 parking stalls
Dwelling, Four plex
Dwelling, Townhouse
1 parking stall per 1 bedroom Dwelling Unit
2 parking stalls per 2+ bedroom Dwelling Unit
1 guest parking stall per 7 Dwelling Units
Manufactured Home Park
2 parking stalls per manufactured/mobile home parcel
1 guest parking stall per 4 manufactured/mobile home parcels
Mixed Use
Must combine residential requirement with the proposed
commercial use for total parking and loading requirements
Bed and Breakfast
1 per each guest room
plus, spaces required for the corresponding base dwelling unit.
plus, spaces required for each employee
Family Day Home
1 parking stall per employee; and
1 pick-up and drop-off stall per 3 children, unless lawful on-street
parking is available.
** Parking requirements for a Family Day Home may be altered at
the discretion of the Approving Authority as part of the
conditional approval of the Development Permit based on the
maximum number of children in attendance, proposed special
events/activities held in conjunction with use, and location.
Home Based Business,
1 parking stall per non-resident employee on the property,
plus, a minimum of 1 additional parking space for each business
visitor on the property at the same time, all in addition to the
required residential parking.
OR
as determined by the Development Authority as a condition of
Development Permit;
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Table 9.19 D Parking Requirements for commercial land uses:
COMMERCIAL
Accommodation Services
1 parking stall per sleeping unit; plus
1 per 4 seats of any associated eating or drinking establishment;
plus.
1 parking stall per three employees on shift
Amusement and Entertainment
Services
1 parking stall per 10 sq. m (108 sq. ft.)
Commercial Schools
2.2 parking stalls per 100 sq. m. (1,076 sq. ft.)
Convention and Exhibition Facility
1 per 5 fixed seating spaces; plus
10 per 100 sq. m. of floor area used by patrons
Child Care Facility
1 parking stall per employee; and
1 pick-up and drop-off stall per 3 children, unless lawful on-street
parking is available.
** Parking requirements for a Family Day Home may be altered at
the discretion of the Approving Authority as part of the
conditional approval of the Development Permit based on the
maximum number of children in attendance, proposed special
events/activities held in conjunction with use, and location.
Drive through businesses
8 parking stalls, except where more are required under other
requirements of this section
Eating and drinking
establishments
1 parking stall per 4 seats
Professional, business, financial
and office support services
3 parking stalls per 100 sq. m (1,076 sq. ft.) of gross floor area; or
3 parking stalls for each full or part-time professional, whichever is
greater
Retail Stores
1 per 37 sq. m. (400 sq. ft.)
Service Repair Shops
1 per 37 sq. m. (400 sq. ft.)
Shopping center
6 per 93 sq. m. (1,000 sq. ft.) gross leasable area
Any development within a
commercial use class not listed
separately in this table with a floor
area of
Less than 1,000 sq. m. (10,764 sq. ft.) shall have 1 parking stall
per 30 sq. m. (323 sq. ft.) of gross floor area; or
1000 sq. m. (10764 sq. ft.) to 4,000 sq. m. (43,056 sq. ft.) Shall
have 1 parking stall per 20 sq .m. (215 sq. ft.) of gross floor area;
or
Greater than 4,000 sq. m. (43,056 sq. ft.) shall have 1 parking stall
per 17 sq. m. (183 sq. ft.) of gross floor area
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Table 9.19 E
Parking Requirements for Institutional, Educational, Recreational and Cultural Services land uses:
INSTITUTIONAL, EDUCATIONAL, RECREATIONAL AND CULTURAL SERVICE USES
Cemetery, Crematorium,
Columbarium, and Funeral
Home
3 parking stalls per 5 seats of public seating, plus
1 space per funeral home vehicle
Educational Services
For Elementary and Junior High Schools:
1 parking stall for each employee; plus
2 per classroom or 1 per 10 students, whichever is greater.
For Senior High Schools,
1 parking stall for each employee; plus
5 per classroom or 1 per 5 students, whichever is greater.
Government Services
5 per 100 sq. m. (1,076.4 sq. ft.)
Health Care Services
4 per doctor or dentist
Recreation, Indoor
1 per 3.5 seats; or
3 per 10 sq. m. (107.6 sq. ft.) gross floor area used by patrons
Recreation, Outdoor
1 per 3.5 seats; or
3 per 10 sq. m. (107.6 sq. ft.) gross floor area used by patrons
Religious Assembly
1 per 3 fixed seating spaces; or
20 per 100 sq. m. (1,076.4 sq. ft.) of floor area used for assembly,
recreation, or other ancillary uses
Table 9.19 F Parking Requirements for industrial land uses:
INDUSTRIAL USES
General Industrial
Manufacturing/Processing
1 parking stall per 100 sq. m. (1,076 sq. ft.) of gross floor area; or
3 parking stalls per tenant or establishment, whichever is greater
Industrial Storage and
Warehousing
1 parking stall per 100 sq. m. (1,076 sq. ft.) up to 2,000 sq. m.
(21,528 sq. ft.); plus
1 parking stall per each additional 400 sq. m. (5,382 sq. ft.)
Off-Street Loading Requirements
9.19.21 Where a proposed development will, from time to time, require pick-up or delivery
of commodities, adequate space for loading and unloading shall be provided and
maintained on the parcel to the satisfaction of the Development Authority. When a
loading area is required by the Approving Authority, the loading area shall be clearly
marked by a sign.
9.19.22 The number of on-site loading spaces required for each use is specified in Table
9.19 G.
9.19.23 Where more than one calculation of loading space requirements is specified for a
land use, the greater requirement shall be applied.
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9.19.24 Where the loading requirements (Table 9.19 G) does not clearly define
requirements for a particular development, the single use or combination of uses
deemed by an Approving Authority to be most representative of the proposed
development shall be used to determine the loading requirement. Alternatively, a
Development Authority may specify another loading requirement deemed
appropriate for the development.
9.19.25 A loading space shall be designed and located so that all vehicles using that space
can be parked and maneuvered entirely within the bounds of the site without
backing to or from adjacent streets.
9.19.26 The Approving Authority, having regard to the types of vehicles that are likely to use
the loading space, may change minimum loading space dimensions.
9.19.27 A loading space shall have an area of not less than 28 sq. m. (301.39 sq. ft.), 3.5m
(11.48 ft.) in width, and 3.5m (11.48 ft.) of overhead clearance.
9.19.28 The siting and location of loading areas shall not conflict with planned pedestrian
movements and circulation on a parcel.
9.19.29 Loading space requirements for uses other than those set out in this section shall
be determined by the Approving Authority, having regard to similar uses for which
specific loading facility requirements are set.
Table 9.19 G - Loading Requirements
LOADING REQUIREMENTS
Uses
Number of Loading Spaces
Residential and Residential Related uses
None
Riding Arenas
As determined by Approving Authority
Commercial uses, except those listed below
1 per 1,900 m2 (20,451.4 sq. ft.)
Hotel
Motel
Food Services, Restaurant
Neighborhood Pub
Nightclub
1 per 2,800 m2 (30,138.9 sq. ft.)
Industrial Uses
As determined by Approving Authority
Institutional and Basic Service Uses,
Community, Recreational, & cultural Uses
1 per 2,800 m2 (30,138.9 sq. ft.)
School, Elementary
School, Junior high
3.0 per 100 students, minimum 5.
Plus, minimum 5 bus loading spaces
School, Senior High
University or College
2 per 100 students, minimum 5.
Plus, minimum 5 bus loading spaces
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9.20
PUBLIC ACQUISITION OF LANDS
9.20.1
Where, a lot is reduced in size, from the Gross Parcel Area due to the unanticipated
taking of additional lands for public use by the County, Provincial or Federal Agency
or a public utility by dedication, expropriation or purchase, the lot shall be
considered to exist as it did prior to the taking of the lands for the purpose of further
development upon the lot under its existing district provisions, provided such
taking:
a. Does not affect required on-site sewage disposal.
b. Does not result in the parcel being rendered unsuitable for any of the uses listed
as a permitted or discretionary use in the district in which the lot is located.
c. Does not affect the minimum parcel size or yard requirements of the district in
which the lot is located; and
d. Does not increase the maximum density approved at the time of subdivision of
the lands.
If, in the opinion of the Approving Authority, the size reduction of the lot constitutes the
lot unsuitable for any permitted uses within the current land use district, the lot shall
be rezoned appropriately.
9.21
RELOCATION OF STRUCTURES
9.21.1
Except as otherwise allowed for in Section 4.2.1 (a) of this Bylaw, no person shall
relocate a Dwelling, moved on, Building, Structure, or portion thereof onto a site
without first obtaining a Development Permit for the Dwelling Moved-On, Building
or structure. The relocated Dwelling, moved on, Building or structure shall be
considered as a Discretionary Use and shall comply with the appropriate Land Use
District provisions.
9.21.2
The Development Authority shall not approve a Development Permit for relocation
of a Dwelling, Move On, Building, or Structure or portion thereof as referenced in
9.21.1 unless the building is designed, constructed, sited, and finished in a
manner that is visually compatible, in the opinion of the Approving Authority, with
the neighborhood in general.
9.21.3
Any renovations or improvements required to ensure that the relocated Dwelling,
moved on, Building or structure complies with this Bylaw shall be listed as
conditions of the Development Permit.
9.21.4
All structural and exterior renovations to a relocated Dwelling, moved on, Building,
or Structure are to be completed within one year of the issuance of the
Development Permit, failing which the relocated Dwelling, moved on, Building, or
Structure shall be removed unless a Development Permit has been issued
extending the time for completion.
9.21.5
The applicant may be required to submit a security or deposit in an amount equal
to the value of work required to complete the exterior of the building or structure.
The amount will be confirmed by the Approving Authority based on cost estimates
submitted with the application. Notwithstanding these estimated costs, the deposit
shall be no less than the minimum set out in the Fee Schedule, as approved by
Council. The security or deposit may be released upon inspection of the structure
confirming that the exterior of the structure or building is complete as per the
conditions of Development Permit.
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9.21.6
An application for a Development Permit must be accompanied with the following:
a. A completed checklist declaration for the relocation of a building/dwelling,
moved on.
b. A current (up to date) APEGGA certified Professional Engineer's report for the
building or structure to be moved, stating that the building or structure meets
the requirements of the applicable Building Code and that it is structurally
capable of being moved.
c. A site plan (can be hand drawn) showing:
i.
the entire parcel.
ii. north at the top of the page.
iii. identify and show all existing structures and the proposed building or
structure with measurements from the same, in feet or metres, to all
parcel lines.
iv. show all existing wells, septic tanks, disposal fields, dugouts on the
parcel.
d. Photos of the existing building or structure to be moved showing the exterior
appearance.
e. Information on all improvements proposed to complete the building or structure
including the exterior finish, and detailed cost estimates for the work to be
completed.
9.22
ROAD ALLOWANCES, ROAD PLANS, AND RAILWAYS
9.22.1
All lands forming part of a closed road allowance, closed road plan or closed railway
plan shall be designated Agricultural District. Upon the issuance of a separate
certificate of title for all or a portion of the road allowance, road plan or railway plan
the lands shall continue to be designated Agricultural District unless a bylaw is
passed changing such designation.
9.22.2
No building or portion thereof shall be located on municipal lands, road right of ways
or railway plans unless a bylaw has been passed or Development Permit has been
approved allowing for such.
9.23
SERVICES AND UTILITIES
General Provisions:
9.23.1
Water, wastewater, storm water services provided by the County may be subject to
applicable levies or improvement fees as per the latest edition of any Municipal
bylaw.
9.23.2
All new municipal services being constructed, or services being upgraded in the
County shall be done to the satisfaction of the County.
9.23.3
Dedication of lands for the purposes of public utilities may be required at the time
of Subdivision.
9.23.4
The Developers/landowners are responsible for ensuring that separation distances
between water sources and sewage disposal systems on their property meet all
regulations in accordance with the Alberta Private Sewage Systems Standard of
Practice.
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9.23.5
The Developer shall be responsible for obtaining all easements and right of ways
for the installation of municipal improvements located outside of the right of way or
utility lot. All permanent easements, including plans and documents, shall be
registered at the Land Titles Office naming the County as the Grantee prior to
application for a Construction Completion Certificate.
9.23.6
The Developer shall enter into a Development Agreement for the construction,
upgrading, contribution toward, or extension of existing municipal services as a
condition of a Development Permit in accordance with Section 650 of the Municipal
Government Act and as a condition of subdivision approval in accordance with
Section 655 of the Municipal Government Act.
Utilities:
9.23.7
The Developer/landowner shall be responsible for extension of utilities such as gas,
power, and telephone services to each new lot.
9.23.8
The developer/landowner is responsible for checking what services are currently
available to the site, ensuring that they are adequate and for providing for additional
services, if necessary, to the satisfaction of the utility company and Municipal
Engineer.
Water Supply:
9.23.9
The type of water supply to service a residential development shall be in accordance
with the site requirements specified in the applicable land use district or an
alternate type of system as specified by Bylaw.
9.23.10 Proof of water shall be in accordance with the Municipal Water Policy Guidelines,
the Provincial Water Act requirements and the Alberta Environment's regulations
and licence requirements where applicable.
Sewage Disposal/Wastewater:
9.23.11 The type of wastewater disposal/septic systems installed in a development shall be
in accordance with the site requirements specified in the applicable land use
district or an alternate type of wastewater disposal/septic system as specified by
Bylaw.
9.23.12 Septic systems or alternate means of waste removal shall be approved by the
Municipal Plumbing Inspector prior to any commencement of construction of the
proposed development.
9.23.13 All wastewater disposal/septic systems shall meet all requirements of the Alberta
Private Sewage Systems Standard of Practice.
9.23.14 All private wastewater/sewage disposal systems shall be sited in accordance with
the Alberta Agriculture, Food and Rural Development minimum setback
requirement to man-made water bodies. See Section 9.18 on Man-made water
bodies for more information pertaining to setback requirements.
Storm water:
9.23.15 A storm water management plan, prepared by a qualified Professional Engineer,
may be required for all future subdivision and/or development in accordance with
Provincial regulations and Municipal standards.
Solid Waste:
9.23.16 Lot owners and residents are encouraged to take their solid waste to the Foothills
Regional Waste Facility or a Transfer station.
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9.23.17 Burning barrels may be used only if constructed with a non-combustible apron
around the perimeter of at least 24" (61 cm) and if fully covered with a screen mesh
that prevents the escape of sparks or combustible materials. Fire permits may be
granted by local fire guardians for all other fires. Failure to comply may result in Fire
Response charges and a fine for non-compliance in accordance with the Municipal
Fire Bylaw.
9.24
SIGNAGE
Definitions for this Section:
9.24.1
For the purpose of this Section, the following definitions shall apply:
Billboard Sign: a sign, primarily self-supporting and permanently affixed to the ground,
that advertises goods, products, services, events, or facilities which are at a location
other than the property on which the sign is located.
Directional Sign: a sign which is required to provide direction to a business, trade or
institution and advertises goods or services which are at a location other than the
property on which the sign is located. A directional sign may also be a temporary sign
depending upon how it is to be used.
Fascia Sign: a sign placed flat and parallel to the face of a building so that no part
projects more than 0.3m. (1 ft.) from the building.
Free Standing Sign: a sign on a standard base or column permanently fixed to the
ground and not attached to any building or other structure. The sign advertises goods
and services which are at the location on which the sign is located.
Functional Sign: a sign which is not intended to be used for promotional purposes. It
is required by public authorities, utility companies and other companies. Its sole
purpose is for the direction and control of traffic, pedestrians, or parking (i.e.
identification of service locations and on-site hazards).
Portable Sign: a sign, regardless of how mounted or supported, capable of being
moved and which is not attached or affixed to a building or the ground.
Roof Sign: any sign erected upon, against, or directly above a roof or on top of or above
the parapet wall of a building.
Sign: any device or structure used for the display of advertisements, pictures and/or
messages and without, in any way, restricting the generality of the foregoing, includes
posters, notices, panels and boarding.
Sign Area: the total surface within the outer edge of a frame or graphics, the sum of
the area of the smallest rectangle enclosing the letters, numerals, or graphics.
Temporary Sign: a sign which is not permanently anchored to the ground or affixed to
a building, advertising for a limited time goods, services, or activities and which by their
nature, could readily be relocated to service a similar purpose in another location.
These include garage sale signs, banners, portable signs, pennants, signs advertising
a demonstration of agricultural methods and signs announcing the sale of goods or
livestock on land not normally used for commercial purposes.
Vehicle Sign: a sign that is mounted, affixed, or painted onto an operational or non-
operational vehicle, including but not limited to trailers with or without wheels, Sea-
cans, wagons, motor vehicles, tractors, recreational vehicles, mobile billboards, or any
similar mode of transportation that is left or placed at a location clearly visible from a
highway.
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General Provisions:
9.24.2
Any person applying to erect, enlarge or structurally alter a sign that is on privately
owned lands shall comply with the provisions of this Part. These regulations do not
deal with signage within Municipal or Provincial right of ways.
9.24.3
A sign which is separate from a building must be located so as to comply with the
front yard setback, requirements applicable to the principal building unless
otherwise provided, or exempted by a designated officer in writing.
9.24.4
Signs that are located in the right of way of a municipal or provincial road are
governed by the Temporary Signs on Highways Bylaw #18/2006.
General Sign Regulations:
9.24.5
All signs, whether or not they require a Development Permit, shall meet the
following general provisions:
a. A sign shall not be located such that it obstructs visibility at roadway
intersections.
b. No signs shall be erected on or affixed to private property without the consent
of the owner.
c. Signage which makes use of illumination, whether it be on the exterior or from
the interior of the sign, shall adhere to the Dark Sky Bylaw included as Appendix
E of this bylaw.
d. Animated signs or illuminated signs shall not be permitted in developments
where, in the opinion of the Development Authority, they might:
i.
Affect residents in adjacent housing or residential districts and are visible
from any residential property within a distance of 90m (295 ft.).
ii. Interfere with the interpretation of traffic signs or controls.
iii. Cause interference to the motoring public; or
iv. Contravenes the County's Dark Sky Bylaw included as Appendix E of this
bylaw.
e. Temporary signs relating to a specific sale, event or work shall be removed by
the advertiser within 14 days after the completion of the sale, event, or work to
which the sign relates.
f. A sign which is separate from a building must be located so as to comply with
the front yard setback requirements applicable to the principal building unless
otherwise provided or exempted by a designated officer in writing.
g. All signs shall be kept in a safe, clean, and tidy condition and may be required
to be renovated or removed if not properly maintained.
h. Existing signs which conform to this Bylaw, may be cleaned, maintained,
repaired, and repainted without need for an additional Development Permit.
i.
All signs must comply with applicable provincial legislation and approvals;
Currently, no sign, notice or advertising device shall be erected within 300m
(984 ft.) from the limit of a controlled highway or 800m (2625 ft.) from the
center point of an intersection of a controlled highway another highway or other
public roadway without a permit from the Minister of Transportation pursuant
to Section 5 of the Highway Development Control Regulation, Alberta Regulation
242/90.
j.
Setbacks, approval requirements and provincial regulations may be subject to
change from time to time. It is the responsibility of the landowner / developer
to contact the appropriate department for updated and current regulations.
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Signs requiring a Development Permit:
9.24.6
Unless otherwise exempted under Section 4.2.1 of this bylaw, a Development
Permit shall be obtained for all signs, structures for signs and any enlargement,
relocation, erection, construction, or alteration of an existing sign.
9.24.7
An application for a Development Permit to structurally alter or erect a sign that
requires a Development Permit shall be made to the Development Authority and
shall include the following:
a. A letter of consent from the registered owner of the land or building upon which
the sign will be located.
b. The name and address of the sign company responsible for the sign.
c. The owner of the sign.
d. Two copies of a rendering / illustration of the proposed sign with dimensions
and total sign area, height of top and bottom of the sign above average ground
level and thickness of the sign.
e. Materials, finishes, colours, size of lettering and graphics.
f. Mounting or installation details: the Development Authority may require that a
structural drawing be prepared and sealed by a Professional Engineer.
g. The location of all existing and proposed signs on the building façade or on a
site plan of the parcel indicating the front and side property liens, setbacks, and
distances from existing buildings.
h. Mounting height or clearance to grade; and
i.
The appropriate fee as outlined in the Planning Fee Service Bylaw, as amended
from time to time by Council resolution.
9.24.8
Where a sign is located within 300m (984 ft.) of a Provincial highway or 800m
(2,624.8 ft.) of such intersection, the landowner and / or applicant must have an
approved Roadside Development Permit, from the Province, before the County will
consider applications for a Development Permit.
9.24.9
Where an applicant wishes to deviate from the terms of the Development Permit,
the applicant shall notify the Development Authority, submit amended drawings
and, if required by the Approving Authority, make application for a new Development
Permit, and submit the prescribed fee.
Prohibited Signs:
9.24.10 The following signs are prohibited in the County:
a. Vehicle Signs, except for signs exclusively advertising the business for which the
vehicle is used, where the vehicle:
i.
is a motor vehicle or trailer.
ii. is registered and operational; and
iii. used on a regular basis to transport personnel, equipment, or goods as
part of the normal operations of that business.
b. Signs that are prohibited in accordance with the Dark Sky Bylaw included as
Appendix E of this bylaw.
c. Signs that display intermittent, flashing, or rotating lights.
d. Signs using a red or yellow background.
e. Signs that incorporate moving parts; and
f. Signs on hay and/or straw bales.
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Signs - Offences:
9.24.11 No person shall erect, place, affix or locate, or allow any other person to erect, place,
affix or locate:
a. A sign that obstructs visibility at roadway intersections.
b. A sign erected on or affixed to private property without the consent of the owner.
c. A sign that uses illumination not compliant with the Dark Sky Bylaw, as included
in Appendix E of this Bylaw.
d. An animated or illuminated sign without Development Authority approval.
e. A temporary sign at any location exceeding 14 consecutive days.
f. A sign not complying with setback requirements.
g. A sign that is located within 300 m (984 ft) from the limit of a controlled highway
without permit.
h. A sign that is located within 800 m (2625 ft) from the center point of an
intersection of a controlled highway another highway or other public roadway
without permit.
i.
A sign that requires a development permit without such permit.
j.
A sign that is prohibited pursuant to Section 9.24.10; or
k. A sign that does not comply with the provisions set out in this Bylaw.
9.25
SITE RECLAMATION
9.25.1
Site reclamation shall be in accordance with the Environmental Protection and
Enhancement Act.
9.25.2
Reclamation of specified land shall ensure that the specified land shall be returned
to an equivalent land capability that allows for the developments of uses compatible
with adjacent land uses.
9.25.3
Reclamation plans shall include current and final land use (following reclamation).
Only upon issuance of a reclamation certificate by Alberta Environment, or a
transfer of the registration to another operator, can any surface lease agreement
with the landowner be surrendered.
9.25.4
Except where exempted by the Environmental Protection and Enhancement Act,
landowners shall obtain a Reclamation Certificate. The registration holder shall
continue to remain liable for conservation and reclamation issues at the site until a
Reclamation Certificate is issued.
9.25.5
Where a Development Permit is approved including reclamation requirements, a
security may be imposed as a condition of the permit to ensure that the reclamation
is completed to the satisfaction of the Director of Public Works. In the event that
the reclamation is not completed in the required time specified in the approval, the
security may be called upon.
9.26
SPECIAL EVENTS
9.26.1
No person shall operate, maintain, hold, conduct, promote or advertise a Special
Event in the County unless he or she has first obtained a Development Permit and
special event permit from the County in respect of such activity.
9.26.2
Special Events must be in accordance with Bylaw 11/97 for the regulation of
"Special Events" included as Appendix H of this bylaw.
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9.27
SPECIAL SETBACK REQUIREMENTS
General Provisions:
9.27.1
The minimum setback distances required for front, side, and rear yards do not apply
to driveways, sidewalks, or steps with associated landings under 0.6m (2 ft.) above
grade, wholly within the lot.
9.27.2
At grade (less than 0.60m (2ft) attached patios and decks may be constructed to
within 1m (3ft) of a side or rear yard in all land use districts.
9.27.3
Above grade (0.60m (2ft) and more above grade) attached patios and decks must
meet the setback requirements of the land use district in which they are located.
9.27.4
A deck with a roof shall be considered a part of the structure they are abutting and
shall meet all applicable setbacks.
9.27.5
Balconies, eaves, fireplaces, sills, canopies, window wells, and cornices may project
into the minimum front or side yard setback to a maximum of 600mm (1.97 ft.) or
into the minimum rear yard setback to a maximum of 1.5m (4.92 ft.) on Agricultural
District, Country Residential District, Cluster Residential District parcels, and may
project into the minimum rear yard setback, of a Estate Residential District and
Residential Manufactured Home District parcels to a maximum of 0.8m (2.62 ft.)
for the principal building and 0.1m (0.33 ft.) for an accessory building.
9.27.6
Balconies, eaves, fireplaces, sills, canopies, window wells, and cornices may project
into the minimum rear yard setback to a maximum of 1.5m (4.92 ft.) on Residential
Community District parcels for the principal building and 0.1m (0.33 ft.) for an
accessory building.
9.27.7
If the title to a lot is subject to a caveat in respect of a land dedication or an
agreement for the acquisition of land for road widening or road dedication
purposes, the front, side, and rear yard setback shall be the greater of 15m (49.21
ft.) from the future front yard boundary or the distance set out in minimum
requirements for yard setbacks in the appropriate land use district.
9.27.8
Utilities, underground parking, and similar structures constructed entirely beneath
the surface of the ground may encroach into required yards provided such
underground encroachments do not result in a grade inconsistent with abutting
properties and the encroachments are covered by sufficient soil depth or surface
treatment to foster landscaping.
9.27.9
Where more than one minimum setback distance is applicable under this Bylaw,
the greater distance shall prevail.
9.27.10 Notwithstanding any other provision contained in this Bylaw no person shall place
or maintain any object, structure, fence, hedge, shrub, or tree in or on that part of
a corner lot location:
a. within Agricultural District, Country Residential District, Cluster Residential
District, Rural Business District, Natural Resource Extraction District, all Park
and Recreation Districts which lies within a triangle as illustrated on the sketch
below:
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b. within all other Residential and Commercial Districts not noted above, all
Industrial Districts, Service, Districts, and Utility districts which lie within a
triangle as illustrated on the sketch shown below:
Figure 9.27.9 B
9.27.11 In the case of a corner lot, the front yard shall be the narrower of the two frontages
as shown in Figure 9.27.10.A. If they are equal, it shall be at the discretion of the
Approving Authority.
Figure 9.27.10 A
9.27.12 For all corner lots, the minimum setback on the exterior side yard shall be the same
distance as if deemed a front yard setback to that particular type of road in the
applicable district, however this does not impose a rear yard on the opposite side
as is the case of a front yard. (See Figure 9.27.10A)
Figure 9.27.9 A
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9.27.13 Notwithstanding subsection 9.27.9 and 9.27.10, standard barbed wire fencing or
equivalent shall be permitted within the identified sight triangle.
9.27.14 Sight triangle requirements shall be considered and applied in conjunction with the
Alberta Transportation and Utilities Highway Geometric Design Guide, based on
consideration of existing right-of- way and design speed.
9.27.15 All residential un-sprinklered buildings, located in excess of 10 minutes for fire
department notification and scene response time (determined by the local fire
department), with a setback distance of less than 2 meters must be constructed in
accordance with the applicable Building Code requirements for High Intensity
Residential Fire.
9.27.16 All attached garages, located outside of the 10 minutes fire department notification
and scene response time (determined by the local fire department), must be
constructed in accordance with the Applicable Building Code requirements for High
Intensity Residential Fire.
Environmental Considerations:
9.27.17 On a lot adjacent to a water body where the bed and shore is crown owned such as
a river, creek, and/or lake, a minimum setback of 30.0 m (98.43 ft.) from the top
of bank to any development shall be required to reduce environmental impacts and
manage risk.
9.27.18 Developers may be required to utilize and follow the "Riparian Setback Matrix
Model" and associated "Developers Guidelines" to determine appropriate
development setbacks from riparian areas in the County. The "Riparian Setback
Matrix Model" and associated "Developers Guidelines" are attached as Appendix
F.
9.27.19 See Section 9.13 for information pertaining to development in and near areas
subject to flooding.
9.27.20 On a lot adjacent to a slope of 15% (8.3°) or greater, development shall be setback
a minimum of 30m, or the distance determined by a Geotechnical Report.
9.27.21 If, in the opinion of the Approving Authority, a slope might be unstable, a
geotechnical assessment by a professional engineer may be required in order to
evaluate stability, and to recommend appropriate development setbacks,
consistent with provincial guidelines.
9.27.22 If the Approving Authority is satisfied by the submission of a Professional
environmental and/or geotechnical assessment that the variance of a setback is
warranted, the setback may be increased or reduced accordingly.
9.27.23 Within the minimum setback as required by Section 9.27.16 through 9.27.21, land
disturbance and the removal of trees or vegetation shall be minimized to reduce
environmental effects and the risk of property damage.
Setbacks and Provincial Legislation and Approvals
9.27.24 All development shall comply with the applicable Provincial legislation and
approvals with respect to setbacks contained therein unless the setback is varied
by the Approving Authority as set out in the Matters Relating to Subdivision and
Development Regulation and Guidelines for Setback Reviews, each as may be
replaced or amended from time to time.
9.27.25 It is the responsibility of the landowner/developer to contact the appropriate
department for updated and current regulations in accordance with 9.27.23.
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9.27.26 Utilities and Deep services within a property shall be constructed to the satisfaction
of the Director, Public works and Engineering.
Setbacks to Sour Gas Facilities:
9.27.27 Development setbacks from Sour gas facilities shall be consistent with the current
AER code of practice and requirements of the Province and shall be in accordance
with the Section 9(1) of the Subdivision and Development Regulations.
Setbacks to Pipelines:
9.27.28 Development setbacks from pipeline right of way, oil and gas installations and other
utility corridors shall be consistent with the AER code of practice and shall meet or
exceed the requirements of the Province.
Abandoned Well Sites:
9.27.29 It is the responsibility of the applicant and/or agent to provide information as to any
abandoned well sites located on the lands subject to a redesignation, subdivision,
or Development Permit application being submitted to the County for processing.
Setbacks for abandoned well sites shall be consistent with the recommendations
and requirements of AER.
Confined Feeding Operations:
9.27.30 The setback requirements in all land use districts for Confined Feeding Operations
shall be as determined by the current Agricultural Operations Practice Act (AOPA)
regulations.
9.27.31 Notwithstanding any other provision of this Bylaw that requires a minimum setback,
the minimum distance of separation between a dwelling and a Confined Feeding
Operation allowed under the Agricultural Operation Practices Act shall be equivalent
to the required distance of separation between a proposed Confined Feeding
Operation from an existing dwelling, as determined by the Natural Resources
Conservation Board. or
9.27.32 In all land use districts, dwelling unit shall be discretionary if it is within the
minimum distance separation for a Confined Feeding Operation allowed under the
Agricultural Operation Practices Act.
9.28
USE AND ENJOYMENT OF PROPERTY
9.28.1
All landowners and residents shall act in accordance with the "Community
Standards Bylaw" adopted by Council under bylaw 34/2009 included in Appendix
J of this bylaw, dealing with unsightly properties, maintenance standards for
residential development, nuisance, and noise.
9.28.2
In accordance with the "Community Standards Bylaw", a landowner and/or resident
shall not cause or allow property or the use of that property to constitute an
unreasonable interference with the use and enjoyment of other properties.
9.29
MOBILE SALES VEHICLES
9.29.1
An approved Development permit is required for operation of a mobile sales vehicle
on a site for more than two hours per day (unless otherwise authorized by the
County or are operating under an approved special event permit).
9.29.2
All mobile sales vehicle operations must comply with the following provisions prior
to commencement of operation:
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a. The owner/operator of the business must have permission of the property
owner where they are situated for sales.
b. Must have a current and up to date business license with Foothills County.
c. Must have all appropriate Alberta Heath Services and Fire Protection Services
approvals and permits.
9.29.3
Mobile sales vehicle shall not be parked on, nor operate the business on Municipal
roads and right of ways.
9.30
MULTIPLE POTENTIAL USE DEVELOPMENT PERMITS AND
CHANGE IN USE OR INTENSITY PERMITS
9.30.1
A development permit application may be made for multiple potential uses in
Commercial, Industrial or Agricultural Business land use districts as follows:
a. A new building(s) that may contain multiple potential future uses,
b. A new building(s) with multiple bays, some, or all of which may contain multiple
potential future uses,
c. Multiple potential uses in an existing approved building(s) or portion of an
existing approved building(s).
9.30.2
A development permit application for multiple potential uses may contemplate uses
that are listed as permitted or discretionary in the applicable land use district or
may contemplate both permitted and discretionary uses.
9.30.3
A development permit application for multiple potential uses must be accompanied
by the same information as applications for specific uses as per Sections 4.3 and
4.4 of this bylaw.
9.30.4
For the purposes of Sections 5.9.1 d. and 5.10.1 b. of this bylaw regarding the
cancellation, suspension, or expiry of a Development permit, in order for a
development permit for multiple potential uses to be considered completed, at
least one of the contemplated uses must be occurring.
9.30.5
For the purposes of Section 5.10.1.d. of this bylaw regarding the expiry of a
development permit, the development would be considered abandoned if none of
the approved uses are being carried out for a period of eighteen months.
9.30.6
Where there is an approved Multiple Potential Use Development Permit that is in
compliance; an application may be considered for a Change in Use or Intensity
Permit for a use identified in the existing development permit rather than making
an application for a new development permit only where:
a. All conditions of the existing development permit have been met.
b. The proposed use is listed as a potential use under the existing development
permit.
c. No variances to the existing development permit or the Land Use Bylaw would
be required.
d. All applicable building and safety codes permits have been closed.
9.30.7
An application for a Change in Use or Intensity Permit shall be accompanied by the
following:
a. A completed Change in Use or Intensity Permit application form.
b. The requisite Change in Use or Intensity Permit application fee and Safety Codes
inspection fee as outlined in the Fee Bylaw as may be amended from time to
time.
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c. A declaration that the proposed use complies with all conditions of the existing
development permit.
d. A description of the proposed use, with sufficient detail that a development
officer can verify that the use is in compliance with the existing Multiple
Potential Use Development Permit; and
e. An application for a Foothills County business license.
9.30.8
A Change in Use or Intensity Permit shall not be issued until the property, the
building or portion of the property or building that will house the proposed use has:
a. Passed a Safety Codes Inspection to the satisfaction of the Safety Codes Officer;
and
b. Passed a Fire Inspection to the satisfaction of Foothills Fire Department.
9.30.9
If alterations to the building are contemplated to accommodate a new use or
intensity of use or are changes are required as a result of the Safety Codes
Inspection or Fire Inspection, appropriate permits (building, gas, plumbing,
electrical) shall be obtained. A Change in Use or Intensity Permit shall not be issued
until construction is complete and all permits are closed.
9.31
DEVELOPMENT NEAR THE FOOTHILLS REGIONAL AIRPORT
9.31.1
The Airport Protection Overlay area is defined in Section 2.5 as those lands within
4000 metres from the designated aerodrome reference point(s) of the Foothills
Regional Airport, excluding those lands located outside of the jurisdiction of
Foothills County.
9.31.2
Provisions for land subject to the Airport Protection Overlay are provided for in
Section 11.2.
9.31.3
It is the landowner's responsibility to determine if their lands are located within the
Airport Protection Overlay and comply with all provisions thereof.
SECTION 10 SPECIFIC USE REGULATIONS
10.1
AGRICULTURAL USES AND LIVESTOCK REGULATIONS
10.1.1
The keeping of livestock shall not be permitted on parcels less than three (3) acres
in size.
PREAMBLE
This section of the Land Use Bylaw contains specific use regulations that outline
additional controls for particular uses that may occur in various districts. The uses
contained in this section require additional regulations to the ones contained in the
districts. They are consolidated here to avoid repetition in the districts under which they
are a permitted or discretionary use.
Note: The text contained within this box does not form a part of the Land Use Bylaw and
is only provided as context for the reader.
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10.1.2
Notwithstanding subsection 10.1.1, backyard hens shall be permitted on
parcels less than three (3) acres in size, outside of Hamlet boundaries, in
accordance with Section 10.27 Backyard Hens.
10.1.3
Section 4.2.1 of this bylaw outlines all provisions where no Development Permit is
required. All other instances are considered requiring a Development Permit. It is
the landowner's responsibility to ensure that they have obtained all necessary
permits.
10.1.4
The keeping of more than three (3) animal units on parcels between three (3) and
nine (9) acres and/or the keeping of more than one animal unit per three (3) acres
in excess of nine (9) acres will require a Development Permit.
10.1.5
Table 10.1 A outlines the number of animals equivalent to one animal unit for the
purposes of this Bylaw. Backyard hens are not included within this table and are
dealt with under the provisions in Section 10.27
Table 10.1 A Number of Animals Equivalent to One Animal Unit
TYPE OF ANIMAL
# OF ANIMALS EQUIVALENT
TO ONE ANIMAL UNIT
Cattle:
Dairy Cows
1
Beef, Cows or Bulls (greater than 1,000 lbs. - may include calf at side)
1
Buffalo or Beefalo
1
Feeder Cattle (between 500 lbs. and 1,200 lbs.)
2
Replacement Heifers (between 500 lbs. and 1,000 lbs.)
2
Calves (less than 500 lbs. - excludes calves at side)
5
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Swine:
Sow, farrow to weaning (includes gilts suckling 18 kg)
2
Feeder Hogs (54 kg average)
2
Weaner Hogs (less than 20 kg)
5
TYPE OF ANIMAL
# OF ANIMALS EQUIVALENT
TO ONE ANIMAL UNIT
Poultry:
Chickens or Ducks
30
Geese or Turkey Hens, heavies
10
Geese or Turkey Toms, heavies
10
Geese or Turkey broilers
10
Sheep:
Rams or Ewes plus Lambs at side
5
Lambs
12
Horses:
Horse (1 year and older)
1
Mare with Foal
1
Weanling
2
Miniature
4
Miscellaneous:
Donkeys
2
Mules
1
Elk, Bulls
3
Elk, Cows
4
Elk, Calves
12
Llamas
5
Alpaca
6
Goats
5
Ostriches
3
Emu
7
Rabbits
40
NOTE: The Approving Authority may determine the number of animals equivalent to one animal unit for
any kind of animal not named above.
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10.1.6
The owner and occupier of a lot or lots upon which livestock is kept is responsible
for confinement of the livestock within boundaries of the lot or lots.
10.1.7
The following applies to all parcels of land on which livestock are kept:
a. Pasture management shall be maintained to ensure that there is no
overgrazing.
b. Manure management shall occur to ensure no contamination of runoff onto
unto adjacent lands, riparian areas, or to a watercourse; and
c. Manure management shall be undertaken to reduce odor.
More Information on Confined Feeding Operations can be found in Section 10.9.
Applications for Agriculture, Intensive Use:
10.1.8
A Development Permit is required for all agricultural, intensive uses whether such
uses involve a new facility or expansion of an existing facility.
10.1.9
A new intensive livestock operation or an expansion of an existing intensive
livestock operation and related short-term manure storage should be setback a
minimum of 150 meters from neighboring dwellings. In determining the extent of
the setback, the distance shall be measured from the neighboring dwelling (not the
property line of the lot upon which it is located) to the point closest to the intensive
livestock operation, including related manure storage facilities. Activities
associated with the intensive livestock operation or related short-term manure
storage, such as feed handling and storage, office, water supply, and land upon
which manure is spread shall not be considered to be part of the intensive livestock
operation or related short-term manure storage, for the purposes of determining
the minimum setback limit.
10.1.10 A facility for the short-term storage of manure must be setback a minimum of 100
metres (328 feet) from any spring or water well and 30 meters (99 ft.) from any
open body of water. The Approving Authority may consider a variance to the setback
based upon circumstances particular to a specific application.
10.1.11 If there is a concern with the environmental impact of an agricultural intensive use
(whether new or expanded), the Development Permit application will be referred for
comment to Alberta Environmental Protection, the Regional Health Authority and
Alberta Agriculture, Food and Rural Development, who will be given 30 days to
respond with their comments unless a longer period is agreed to by the County.
10.1.12 It is the responsibility of the owner and operator of any agricultural intensive use to
ensure that all manure storage facilities are designed and constructed to avoid
contamination of groundwater, prevent contaminated surface water from leaving
the property, and reduce odor nuisance.
10.1.13 The owner and operator of an intensive livestock operation shall be required to
satisfy the Development Authority that sufficient land is available for the use of the
manure produced by the operation.
10.1.14 In no circumstances shall a new or expanded agricultural, intensive use be
permitted within 122m (400 ft.) from a water course or water body which is not
entirely surrounded by the lot or lots on which the operation is located, unless
suitable containment facilities are constructed to the satisfaction of the Approving
Authority.
10.1.15 All agricultural, intensive use applications must comply with all applicable
provisions of the Agricultural Operation Practices Act, Code of Practice.
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10.1.16 Seasonal feeding or wintering livestock between November 1 and May 31 are to be
considered under the applicable agricultural, intensive use requirements.
10.1.17 The Development Authority may impose more restrictive conditions on approval of
an application for a Development Permit for an intensive agricultural operation than
those set out above.
Riding arenas and commercial boarding are all dealt with under separate title within the Section
10.3 and Section 10.5 respectively.
10.2
AMATEUR RADIO ANTENNAS
10.2.1
An amateur radio antenna may be dealt with as an accessory use to the principal
use on the property where the use is not exempt from a Development Permit in
accordance with Section 4.2.1 of this bylaw.
10.2.2
An amateur radio antenna shall be:
a. A free standing, ground-mounted unit installed to the manufacturer's
specifications.
b. Shall meet the minimum setback distance requirements.
c. No higher than 16m (52.49 ft.) from the ground.
d. Not illuminated nor have any signs; and
e. Landscaped if required by an Approving Authority to reduce the visual impact
on adjacent properties.
10.2.3
A Development Permit is required for all Amateur Radio Antennas within the Airport
Protection Overlay, unless otherwise waived as per Section 11.2.4.7.
10.3
RIDING ARENAS
General Provisions:
10.3.1
A Development Permit is required for all riding arenas.
10.3.2
Riding arenas are divided into the following categories in accordance with the
definitions listed in section 2.5:
a. Arena, private.
b. Arena limited public; and
c. Arena, commercial
10.3.3
A redesignation to Direct Control #29 District shall be required for all limited public
arenas and commercial arenas. Redesignations for arena use approved by Council
will list such use as a permitted or discretionary use on the specific lands applied
for. A Development Permit approval shall still be obtained further to the
redesignation. See Direct Control District 29 for more information on Limited Public
and Commercial Riding Arenas.
10.3.4
Where arenas are not connected to the principal building (dwelling), they shall be
located at least 7.8 ft. (2.4m) from any principal building (dwelling) and must be in
accordance with minimum setbacks and height requirements in the applicable land
use district.
10.3.5
Applicants/landowners must comply with Section 10.1 of the Bylaw regarding
agricultural use and livestock regulation. If there are more animal units kept on site
than is considered under Agricultural, general, then a Development Permit shall be
obtained in addition to, or in conjunction with the arena approval.
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10.3.6
Animal units brought on site temporarily (not kept on site over-night) shall not be
included in the number of animals units used to determine general or intensive
agricultural use but must comply with the provisions of the redesignation approval
and/or an approved Development Permit for animal units permitted on site at any
one time.
10.3.7
The Approving Authority may require the applicant provide a traffic impact
assessment as part of the Development Permit.
10.3.8
Approval of overnight camping or facilities to accommodate overnight camping for
participants shall be at the discretion of the Council as part of the redesignation
and Development Approval.
10.3.9
The Approving Authority may impose limits and restrictions on the development
which may include, but are not limited to:
a. The maximum number of livestock permitted to be kept on the site over specific
periods of time.
b. The size and number of facilities and or structures permitted on the site.
c. The maximum number of non-resident vehicle trips per day.
d. Number of events or contests permitted annually.
e. Maximum number of overnight camping units allowed per event and number of
events where camping shall be permitted.
f. A manure management plan; and
g. Any other condition that the Approving Authority deems necessary.
Table 10.3 A Criteria for Private Arenas:
Private Arena
Facility or structure intended for equestrian related activities intended to be used solely by the
occupants of the residence on the property and/or by no more than four (4) non-resident guests per
day other than the occupants of the property upon which the facility is located.
Animal Units
1 animal unit per 3 acres of land
Non-resident vehicle
trips per day
To a maximum of 4 vehicle trips per day
Arena structure size
Maximum 1500 sq. m (16,146 sq. ft.)
*Site-specific bylaw amendment or redesignation to Direct Control #29
District required for private arena larger than 16, 146 sq. ft. in size
Overnight camping
Not Permitted
Engineering
Requirements
Other requirements as determined by the Approving Authority
Other Requirements
Manure management plan to the satisfaction of the Approving Authority
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Table 10.3 B Criteria for Limited Public Use Arenas:
Limited Public Use Arena
Facility or structure intended for equestrian related activities to be used by primarily by the occupants
of residence on the property and/or with limited public use of no more than sixteen (16) non-resident
users per day which result in the generation of no more than sixteen (16) additional vehicle trips to the
site on any single day.
Animal Units
1 animal unit per 3 acres of land or as determined by the Council
Non-resident vehicle
trips per day
To a maximum of 16 vehicle trips to the site per day in addition to those by
the occupants of the residence on the property.
Arena structure size
As determined by the Council;
Overnight camping
As determined by Council;
Engineering
Requirements
Professionally Engineered stamped plans (structural, mechanical, and fire)
Must meet applicable Building Code and Fire Code provisions for public
buildings.
Other requirements as deemed necessary by Council
Other Requirements
Manure Management Plan to the satisfaction of the Approving Authority
any others as determined by the County
Table 10.3 C Criteria for Commercial Arenas:
Commercial Arena
Land and/or facilities, within which equestrian activities and/or contests are carried on and intended
primarily for public use and will generate more than sixteen (16) additional vehicle trips on any single
day; or use of the lands and/or facilities for equestrian activities or contests on any single day by more
than sixteen (16) persons, other than occupants of the residence on the lands.
Animal Units
1 animal unit per 3 acres of land or as determined by the Council
Non-resident vehicle
trips per day
As determined by the Council;
Arena structure size
As determined by the Council;
Overnight camping
As determined by Council;
Engineering
Requirements
Professionally Engineered stamped plans (structural, mechanical, and fire).
Must meet applicable Building Code and Fire Code provisions for public
buildings.
Storm water Management Plan
Traffic Impact Assessment
Lot Grading Plan
*and any others as determined by the County
Other Requirements
Manure management plan to the satisfaction of the Approving Authority
Any other requirements as determined by the County
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10.4
BED AND BREAKFASTS
10.4.1
Bed and breakfast homes shall comply with the following:
a. A bed and breakfast shall be operated by a live-in owner(s) as a secondary use
only, in the existing dwelling only, with a maximum of four (4) commercial
accommodation units in each development and shall not change the residential
character and external appearance of the dwelling involved.
b. No food preparation or cooking for guests shall be conducted within any
bedroom made available for rent. All facilities shall meet public health
regulations and be kept in a manner satisfactory to the health regulatory
authority.
c. No accommodations unit shall include a kitchen.
d. Maximum stay of 14 days per person is permitted.
e. A Sign no larger than 0.55 sq. m. (5.92 ft.) in area may be erected to identify a
bed and breakfast facility. This sign is permitted to be placed at the entry of the
property, provided it is solely on the landowner's property and not in the road
right of way; and
f. Bed and breakfasts shall meet the minimum requirements of the applicable
Building Code.
10.5
ANIMAL BOARDING SERVICES
Dog Kennels are not considered under animal boarding services and are dealt with in
accordance with Section 10.13 Kennels.
10.5.1
An approval is required for animal boarding services where the services include a
business providing animal care services to the public in the nature of boarding,
caring, or training of horses and/or other domestic animals which:
a. Are not owned by the residents of the parcel; and
b. Which create more than three vehicle trips per day to the parcel by individuals
who are not resident on the parcel.
10.5.2
The Development Authority may impose limits and restrictions on the development
which may include, but are not limited to:
a. The maximum number of animals permitted to be kept on the site over specific
periods of time.
b. The size and number of facilities and or structures permitted on the site.
c. The maximum number of non-resident vehicle trips per day.
d. A manure management plan.
e. Conditions to control nuisance factors such as, but not limited to, noise and
odor; and
f. Any other condition that the Approving Authority deems necessary.
10.6
CAMPGROUNDS
10.6.1
The following shall apply to all campgrounds:
a. In determining the appropriateness and suitability of a site for a proposed
campground development, the Approving Authority shall consider such factors
as accessibility, compatibility with adjacent land uses, environmental sensitivity,
and physical suitability/serviceability of the site itself.
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b. Roads leading to a proposed campground shall be required, as a condition of
development approval, to be constructed or upgraded to a condition acceptable
to the County.
c. A campground (major or minor) is not to be used as year-round storage of
recreational vehicles or accommodation for recreational uses.
Table 10.6 A Criteria Used in Evaluating Minor Campground Development.
Campground - Minor
Length of stay
Not to exceed 16 consecutive days
Number of sites
To a maximum of 50
Season
April 1st to October 1st or anytime in between unless otherwise stated in the
Development Permit
Parking
1 stall per overnight site available at camp site; or
1.5 stalls per overnight site if a day-use area exists
Setbacks
Minimum 300 m (984.25 ft.) from a multi-lot residential subdivision.
Camping sites and/or structures shall be setback a minimum of 15m (49.21 ft.)
to the property line OR as determined by the Approving Authority based on
location, parcel size, proximity to adjacent development, and buffering and
landscaping.
Table 10.6 B Criteria Used in Evaluating Major Campground Development.
Campground - Major
Length of stay
Not to exceed 200 days
Number of sites
To the discretion of the Approving Authority
Season
To the discretion of the Approving Authority
Parking
1 stall per overnight site available at camp site; or
1.5 stalls per overnight site if a day-use area exists
On-site caretaker
Required at all times during the campground's season as outlined in the
Development Permit
Setbacks
Minimum 300 m (984.25 ft.) from a multi-lot residential subdivision
Camping sites and/or structures shall be setback a minimum of 15m (49.21 ft.)
to the property line OR as determined by the Approving Authority based on
location, parcel size, proximity to adjacent development, and buffering and
landscaping.
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10.7
CHILD CARE FACILITIES / FAMILY DAY HOMES
10.7.1
Child care establishments include the following categories:
a. CHILD CARE FACILITY means a child care program offered or provided for under
a facility-based license, to provide child care to more than 6 children, not
including the person's own children, in accordance with the Early Learning and
Child Care Act and Regulation. (For example, day care, preschool care, out of
school care)
b. FAMILY DAY HOME means a child care service providing child care to no more
than 6 children, not including the person's own children, that is offered or
provided by an individual in the individual's private residence.
10.7.2
Child Care Facilities and Family Day Homes shall be operated in accordance with
the Provincial regulations and Early Learning and child Care Act and Regulation.
10.7.3
When considering an application for the development of a Child Care Facility and
Family Day Home, the Development Authority may take into account the size of
operation, potential traffic generation, available parking, adjacent land uses, and
potential impacts on other development in the surrounding area.
10.7.4
The Development Authority may consult with provincial and municipal child service
agencies prior to making a decision on a development Permit for a Child care
Facility and/or a Family Day Home.
10.7.5
Staff member to child ratio for the appropriate type of Child Care Facility/Family Day
Home establishment shall be in accordance with the Early Learning and Child Care
Regulation where applicable.
10.7.6
Parking facilities for approved Child Care Facilities and Family Day Homes shall
meet the requirements of Section 9.19.
10.8
COMPOSTING ACTIVITY
10.8.1
All composting activity shall be in accordance both provincial and federal
regulations.
10.8.2
Section 4.2.1 of this bylaw outlines all provisions where no Development Permit is
required with respect to composing activity. All other instances are considered
requiring a Development Permit. It is the landowner's responsibility to ensure that
they have obtained all necessary permits.
10.8.3
Bringing material onto a property for the purpose of compost and/or the removal of
compost material from a property shall not be allowed in any land use district unless
a Development Permit approval has been issued.
10.9
CONFINED FEEDING OPERATIONS
10.9.1
Applicants/landowners are responsible for obtaining the necessary licences,
permits, and approvals required by the NRCB under the Agricultural Operation
Practices Act.
10.9.2
Any confined Feeding Operation (CFO) proposed within the County will be required
to comply with all aspects of the procedures adopted by Council, attached as
Appendix C to the Land Use Bylaw.
The Natural Resources Conservation Board has full authority over Confined Feeding Operations
(CFO) and manure storage facilities.
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10.10 DWELLINGS
10.10.1 A Development Permit is required for all dwellings not exempted under Section
4.2.1 of this bylaw. Please refer to Section 4.2.1 for provisions where no
Development Permit is required.
10.10.2 A Building Permit and all necessary Safety Code Permits (Plumbing, Gas, Septic and
Electrical) shall be required for all dwellings being placed on a property.
10.10.3 A Development Permit is required for all dwellings within Direct Control District, on
lands zoned Sub-district "A" under ALL land use zonings, and within lands under
the Flood Hazard protection Overlay and/or within lands defined under policy
11.2.4.2 within the Airport Protection Overly. Please refer to Section 2.4 of this
bylaw for more information pertaining to the sub-district provisions and Section 11
for more information pertaining to the Protection Overlays.
10.10.4 Illustration 10.10 A depicts the dwelling types as per the definitions in Section 2.5
of this Bylaw.
Figure 10.10 A Dwelling types
Note:
The above illustrations are for clarification and convenience only and do not form part of this
Bylaw. All provisions of this Bylaw must be referenced.
Dwelling Density
10.10.5 In all districts, where the maximum dwelling density is not identified and the
dwelling type is listed as a permitted or discretionary use in the applicable land use
district, the following maximum number of dwelling units (dwelling density per
parcel) shall apply:
a. for a parcel under 80 acres in size you are permitted no more than:
i.
one Dwelling, Single Family; and
ii. either one Dwelling, Secondary Suite in accordance with Section 10.26,
or one Dwelling, Temporary in accordance with Section 10.10.
iii. Or as determined by the Approving Authority in accordance with an
approved Area Structure Plan or Outline Plan.
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b. for a parcel 80 acres or larger in size, you are permitted no more than:
i.
two Dwellings, Single Family; and
ii. either one Dwelling, Secondary Suite in accordance with Section 10.26,
or one Dwelling, Temporary in accordance with Section 10.10.
iii. Or as determined by the Approving Authority in accordance with an
approved Area Structure Plan or Outline Plan.
10.10.6 The number of dwelling units on a parcel shall remain within the maximum dwelling
density for the appropriate land use district upon which they are located.
10.10.7 Dwelling units in excess of the maximum dwelling density may be allowed by
approval of Council through a land use bylaw amendment or site-specific
amendment for a specific parcel.
10.10.8 Dwelling units in excess of the maximum dwelling density may be allowed by
approval of the Development Authority only where variance powers are granted to
do so under Section 5.6.
10.10.9 Where the lands are under a condominium title, the maximum dwelling density can
be exceeded in accordance with the necessary land use approval and provision of
appropriate utilities.
10.10.10 Where more than three dwelling units per parcel are approved by the County, a
licensed water source or waiver from Alberta Environment may be required in
accordance with the Water Act.
Dwelling, Manufactured Home and Dwelling, Mobile Home
10.10.11 A Dwelling, Mobile Home may be permitted as a permanent Dwelling, Single Family
on parcels 80 acres in size or larger if:
a. It is placed upon a permanent foundation pursuant to the provisions of the
applicable Building Code.
b. It meets the minimum habitable area per dwelling requirement, height
restrictions, and other applicable Development Requirements in accordance
with the land use district in which it is located.
c. was prefabricated, built or factory-constructed later than September 2, 2007.
d. a building permit and safety codes permit (plumbing, gas, and electrical) are
obtained; and
e. it does not exceed the maximum dwelling density and maximum height
requirements and meets minimum habitable area per dwelling and other
requirements as per the applicable land use district.
10.10.12 A Dwelling, Mobile Home may only be permitted on parcels under 80 acres in size
if:
a. approved by Development Permit for temporary purposes as a Dwelling,
Temporary in accordance with Section 10.10, OR
b. approved by Development Permit as a Secondary Suite, Detached in
accordance with Section 10.26; AND
c. all applicable building and safety codes requirements are met; and
d. it does not exceed the maximum dwelling density and maximum height
requirements and meets minimum habitable area per dwelling and other
requirements as per the applicable land use district.
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10.10.12.1 A Dwelling, Manufactured Home may be permitted as a permanent
Dwelling, Single Family if:
a.
it is placed upon a permanent foundation pursuant to the
provisions of the applicable Building Code.
b.
It does not exceed the maximum dwelling density, meets the
minimum habitable area per dwelling requirement, maximum
height requirements, and other applicable requirements in
accordance with the land use district in which it is located.
c.
was prefabricated, built or factory-constructed later than
September 2, 2007.
d.
a building permit and safety codes permit (plumbing, gas, and
electrical) are obtained.
10.10.12.2 A Dwelling, Manufactured Home or Dwelling, Mobile Home may be
permitted as a Secondary Suite, Detached where approved by
Development Permit in accordance with Section 10.26
10.10.13 Installation of a Dwelling, Manufactured Home or Dwelling, Mobile Home will
require a building permit prior to moving the structure onto the parcel where it is to
be installed in accordance with the following:
a. The parcel shall be sized appropriately in accordance with the provisions of this
bylaw;
b. The structure shall be prefabricated, built, or factory constructed later than
September 2, 2007,
c. The structure shall have C.S.A. certification, or an equivalent to the satisfaction
of the Safety Codes Officer and such shall be submitted with the required
building permit application.
i.
Applications for Dwelling, Manufactured Homes and Dwelling, Mobile
Homes that do not have CSA approval, regardless of age, shall be
accompanied by a current, up to date engineer's report.
10.10.14 A Dwelling, Manufactured Home or Dwelling, Mobile Home being used as a
permanent Dwelling Unit shall be placed on a proper foundation in accordance with
the applicable Building Code regulations.
10.10.15 Where a Dwelling, Manufactured Home or Dwelling, Mobile Home is limited to a
temporary approval as a Dwelling, Temporary under the provisions of Section
10.10, the foundation shall be temporary.
10.10.16 The undercarriage of a Dwelling, Manufactured Home or Dwelling, Mobile Home
shall be completely screened from view by a foundation or skirting to the
satisfaction of the Development Authority.
Dwelling, more than one on a property:
10.10.17 No person shall erect a Dwelling, Single Family, Dwelling, Mobile Home, or Dwelling,
Manufactured Home on a lot less than 32.4 ha. (80 acres) (Gross Lot Area) on which
another Dwelling, Single Family, or Dwelling, Manufactured Home is already located
unless:
a. the dwelling has been approved by a Development Permit as a Dwelling,
Temporary, in accordance with Section 10.10, OR
b. the dwelling has been approved by a Development Permit as a Secondary Suite,
Detached in accordance with Section 10.26; AND
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c. is in conformance with the maximum dwelling density requirement under the
applicable land use district.
10.10.18 Notwithstanding subsection 10.10.17 a lot that is within 0.40 ha (1 ac) less than
32.4 ha (80 ac) due to the provision of land for road widening, a utility lot or similar
use may be considered under the discretion of the Development Authority to be the
same as a 32.4 ha (80 ac) lot for the purposes of this section.
Dwelling, moved on
10.10.19 A Development Permit is required for a Dwelling, Moved On in all cases where the
dwelling is relocated from a separately titled parcel.
10.10.20 A Dwelling, Moved On shall meet the following criteria:
a. must have an approved building permit and necessary Safety Codes Permits
(Plumbing, Gas, Septic and Electrical) prior to moving the dwelling onto the
lands or constructing the foundation.
b. the dwelling must be moved on to an approved foundation within 60 days of
arrival onto the lot.
c. the Development Permit application must be accompanied by a current up to
date APEGGA certified Professional Engineer's report stating that the dwelling
meets the requirements of the applicable Building Code, that it is structurally
capable of being moved, and is of the minimum square footage required under
the applicable land use district, provided to the County prior to the dwelling
being placed on the foundation.
d. the Dwelling Unit shall conform to the Development Requirements for the
applicable land use district for the lot, including but not limited to maximum
dwelling density, habitable area per dwelling, minimum setback requirements,
and maximum height requirements.
e. The dwelling shall have a high standard of exterior finish and be compatible
with the adjacent development.
f. The applicant shall include photos of the dwelling to be moved, showing the
exterior appearance with the Development Permit application.
g. The applicant shall include a copy of work required to complete the dwelling
including the exterior finish, renderings, or artistic drawings of how the dwelling
is to look when completed and detailed cost estimates for the work to be
completed with the Development Permit application.
h. The applicant shall submit a security or deposit in an amount equal to the value
of work required to complete the exterior of the dwelling to a high standard
of appearance, which may include a portion of the exterior of the foundation
that is above grade. The amount will be confirmed by the Approving Authority
based on cost estimates submitted with the application. Notwithstanding these
estimated costs, the deposit shall be no less than the minimum set out in the
Fee Schedule, as approved by Council. The security or deposit may be released
upon inspection of the structure confirming that the exterior of the dwelling is
complete as per the conditions of Development Permit.
i.
the applicant is responsible to ensure that all road bans issued for municipal
road surfaces, pertaining to the relocation of the dwelling, are adhered to.
j.
the applicant may be required to enter into a development agreement or road
use agreement to reimburse the County for costs incurred with respect to any
damage or repair required to the municipal road as a result of the relocation of
the dwelling.
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10.10.21 All required structural and exterior renovations to a Dwelling, Moved On are to be
completed within one year of the issuance of the Development Permit.
10.10.22 Should the dwelling not be completed in accordance with the terms of the
Development Permit within the required timeline, the County may use the security
funds to complete the building in accordance with the conditions of the
Development Permit. Any surplus funds left over upon completion, will be returned.
Dwelling, Temporary
10.10.23 A Development Permit shall be obtained for all Dwelling, Temporary in the County.
10.10.24 A Development Permit may only be issued for a Dwelling, Temporary where it is
listed as a permitted or discretionary use in the applicable land use district.
10.10.25 Where a Dwelling, Temporary is a permitted use under the applicable land use
district but does not meet all other provision under this bylaw, it shall be considered
a discretionary use.
10.10.26 A Dwelling, Temporary shall meet all applicable Building and Safety Code
requirements and be in accordance with all provisions under Section 10.10.
10.10.27 A Development Permit for a Dwelling, Temporary, not placed on a permanent
foundation may be approved in accordance with Section 10.10 for a temporary
period not exceeding:
a. 36 months where it is to be used for farm help purposes whereby the temporary
dwelling, is to be occupied by a person who is engaged on a full time basis for
at least six months each year in an agricultural pursuit that include the parcel
that is subject of the application.
b. 36 months where it is to be used as a Dwelling, Temporary while the principal
dwelling on the lot is under construction provided that either:
i.
Construction of the principal dwelling has progressed to the stage where
the basement has been enclosed; or
ii. Before accepting the Development Permit as complete, the applicant
must submit a Letter of Credit or cash deposit, to ensure the removal of
the Dwelling, Temporary.
c. 36 months when it is used for the housing of a housekeeper/nanny, parents or
children, aunts, uncles, siblings, and grandparents of the landowners.
10.10.28 An application for renewal of a temporary Development Permit shall be made prior
to expiration of the temporary Development Permit and in accordance with Section
4.7 "Temporary use approvals".
10.10.29 Maximum term for renewals on Development Permits for Dwelling, Temporary shall
not exceed six (6) years. Applications for Dwelling, Temporary exceeding this time
shall be considered as a new application.
10.10.30 In considering a Development Permit application for any Dwelling Unit requiring a
Development Permit, the Development Authority may consider factors such as:
a. Any significant adverse impacts on the adjacent properties (for example:
drainage, fire protection, access, etc.).
b. Adequate water and wastewater services for the additional use on the site.
i.
Where the permit constitutes more than 3 Dwelling Units per parcel, this
may include confirmation of a licensed water source or a letter from
Alberta Environment waiving such requirement.
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c. site design features, including:
i.
lot drainage.
ii. the need for landscaping or screening to provide privacy to adjacent
properties and dwellings.
iii. the need for adequate space to accommodate parking for use by
residents of the dwelling.
d. the use of water conservation measures such as low-flow toilets, shower heads
and other water conserving devices.
e. such other considerations as the Development Authority may deem to be
relevant.
Dwelling, Secondary Suite
10.10.31 A Development Permit shall be obtained for all Dwelling, Secondary Suites.
10.10.32 A Dwelling, Manufactured Home, or Dwelling Mobile Home, may be approved for
use as Secondary Suite, Detached if approved by Development Permit, in
accordance with Section 10.26.
10.11 GOLF COURSES AND/OR DRIVING RANGE
10.11.1 A golf course and/or driving range may be allowed:
a. On lands considered to be of marginal quality for agricultural purposes due to
such conditions as poor soil type or where there may be an abundance of
surrounding incompatible non-agricultural uses.
b. Where the use is intended, designed, and sized to primarily serve the
surrounding and rural area.
c. As a buffer between an agricultural operation and an existing or planned
residential area or other use found to be incompatible with agricultural uses;
and
d. Where it is compatible with and will not limit any agricultural operation.
10.11.2 Residential housing shall not be included as part of the use under a Development
Permit approval, except for a residential security operator/care unit. Any residential
housing incorporated with the golf course and/or driving range must be in
accordance with an approved Area Structure Plan, redesignation, and subdivision
approved by Council.
10.11.3 Setbacks, landscaping buffers, fencing and other measures shall be provided to
minimize the impacts on existing and potential uses in the area.
10.11.4 Additional Development Permit approvals are required for all facilities associated
with golf courses and/or driving ranges and ancillary uses such as, but not limited
to, restaurants or other food or beverage services, other retail sales, lodging or
similar uses in addition to the primary use.
10.11.5 This use shall not substantially alter the natural environment or be detrimental to a
residential neighborhood.
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10.12 HOME BASED BUSINESSES
The purpose of a home based business is to accommodate small, non-intrusive, low risk, low intensity
developments to support business activities that can be integrated into, and are compatible with,
adjacent non-commercial or non-industrial properties. Uses that exceed the business standards of a
home based business should be located within an alternative and compatible land use district.
Home Office:
10.12.1 No Development Permit is required for a Home Office where it is listed as a
permitted use under the applicable land use district in accordance with Section
4.2.1 of this bylaw.
10.12.2 Notwithstanding Section 10.12.1, an annual Foothills County business license shall
be obtained for any Home Office operating in the County.
10.12.3 There is no limit to the number of employees for a Home Office where a portion of
the dwelling and/or accessory building is the office for a business that operates off
site (construction, landscaping, etc.), provided all interaction with the employees is
off the property and employee vehicles are not on the premises and all other
provisions of the Home Office are met.
10.12.4 When a Home office is situated on a property in support of another business use
approved for the site (for example uses such as event venue or dog kennel), the
home office should be incorporated as part of the Development Permit approval
and appropriate provisions included under the Development Permit for office in
conjunction with the approved business use.
Home Based Businesses:
10.12.5 A Development Permit is required for all Home Based Businesses that are not
exempt from obtaining a Development Permit under Section 4.2.1 of this Bylaw.
10.12.6 Upon issuance of a Development Permit for any home based business, the
applicant shall obtain a Foothills County Business Licence from the County. If the
business licence is not obtained or is revoked or suspended, the Development
Permit shall be and remain suspended until the business licence is obtained or re-
instated.
10.12.7 All Home Based Business shall provide parking in accordance with Section 9.19 of
this bylaw.
10.12.8 Large commercial vehicles to be used in conjunction with a Type II and Type III Home
Based Business, may be permitted at the discretion of the Approving Authority
based on parcel size, proximity of adjacent residences, site screening, etc.
10.12.9 Home Based Businesses must comply with the criteria in the corresponding Home
Based Business Tables as follows:
a. Home Based Business Type I - Table 10.12A.
b. Home Based Business Type II - Table 10.12B
c. Home Based Business Type III - Table 10.12C
If more than one Home Based Business is operating on a parcel, the cumulative
numbers of employees, business visits and vehicles stored on site shall be utilized
to determine the level of Home-Based Business that is applicable.
10.12.10 A Home Based Business Type I, II, or III shall not be operated from a Dwelling
temporary on a parcel.
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10.12.11 A Home Based Business Type I, II, or III, listed as a permitted use in a land use
district shall be considered a Discretionary Use, and require a Development Permit
where situated in a Secondary Suite on a parcel.
10.12.12 Home based businesses do not include Cannabis Production or Cannabis Sales.
10.12.13 The cumulative impact of things such as business visits to the site, number of
employees, vehicles or equipment stored on site, for all businesses or uses outside
of the principal use on the site (for example Kennels, Event venue) shall be taken
into consideration when Development Permits are being considered.
Table 10.12 A Home Based Business Type I
Home Based Business - Type I
Development Permit
No Development Permit required where listed as a permitted use.
Where listed as a discretionary use, a Development Permit is
required.
Employees
Maximum one (1) non-resident employee working on the site.
Business visits
Maximum three (3) business visits on site per day.
Business Vehicles on Site
Maximum one (1) business vehicle per day.
Large Commercial vehicles, used in conjunction with the business
are NOT permitted on the parcel as part of a Home Based Business
Type I.
Storage of Business Material
No outside storage of business-related material or goods.
All storage within the principal dwelling or accessory building.
Nuisances
The business shall not create any impacts outside the dwelling or
its accessory building.
Privacy
At all times, the privacy of the adjacent residential dwellings shall
be preserved, and the home-based business shall not in the opinion
of the Development Authority, unduly offend or otherwise interfere
with live ability or enjoyment of the neighboring properties.
Parking
Minimum1 parking stall per non-resident employee on the property,
plus a minimum of 1 additional parking space for each business
visitor on the property at the same time, all in addition to the
required residential parking or as determined by the Development
Authority as a condition of Development Permit.
Signage
Sign no larger than 0.55 sq. m. (5.92 ft.) in area. This sign is
permitted to be placed at the entry of the property, provided it is
solely on the landowner's property and not in the road right of way.
Business license
Yes, annual Foothills County Business license required.
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Table 10.12 B: Home Based Business Type II
Home Based Business - Type II
Development Permit
Yes, Development Permit is required.
Employees
Maximum three (3) non-resident employees working on the site.
Business visits
Maximum six (6) business visits to the site per day.
Business Vehicles on Site
Maximum three (3) business vehicles or related equipment stored
outdoors on site per day on parcels under 10 acres.
Maximum six (6) business vehicles or related equipment stored
outdoors on site per day on parcels 10 acres in size and larger.
Large commercial vehicles, used in conjunction with the business,
may be permitted on the parcel at the discretion of the Approving
Authority based on parcel size, proximity of adjacent residences, and
site screening;
Storage of Business Material
No outside storage of business-related material or goods.
All storage within the principal dwelling or accessory building.
Nuisances
Home business shall not generate noise, smoke, odor, dust fumes,
exhaust, vibration, heat, glare, refuse matter or other nuisances
considered offensive or excessive by the Development Authority.
Privacy
At all times, the privacy of the adjacent residential dwellings shall be
preserved, and the home-based business shall not in the opinion of
the Development Authority, unduly offend or otherwise interfere with
livability or enjoyment of the neighboring properties.
Parking
Minimum1 parking stall per non-resident employee on the property,
plus a minimum of 1 additional parking space for each business
visitor on the property at the same time, all in addition to the
required residential parking or as determined by the Development
Authority as a condition of Development Permit.
Signage
Sign no larger than 0.55 sq. m. (5.92 ft.) in area. This sign is
permitted to be placed at the entry of the property, provided it is solely
on the landowner's property and not in the road right of way;
Business license
Yes, annual Foothills County Business license required.
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Table 10.12 C: Home Based Business Type III
Home Based Business - Type III
Development Permit required
Yes, Development Permit is required
Employees
Maximum six (6) non-resident employees working on the site; OR
as determined by the Approving Authority in Direct Control Districts.
Business visits
Maximum twelve (12) business visits to the site per day; OR
as determined by the Approving Authority in Direct Control Districts.
Business Vehicles on Site
Maximum twelve (12) business vehicles on the site per day; OR
as determined by the Approving Authority in Direct Control Districts.
Storage of Business Material
Outdoor storage of business related goods and materials, large
commercial vehicles, trailers, and equipment may be allowed if, in
the opinion of the Approving Authority, the outdoor storage is
adequately screened from adjacent lands.
Large commercial vehicles, used in conjunction with the business,
may be permitted on the parcel at the discretion of the Approving
Authority based on parcel size, proximity of adjacent residences, and
site screening;
Nuisances
Home business shall not generate noise, smoke, odor, dust fumes,
exhaust, vibration, heat, glare, refuse matter or other nuisances
considered offensive or excessive by the Development Authority.
Privacy
At all times, the privacy of the adjacent residential dwellings shall be
preserved, and the home-based business shall not in the opinion of
the Approving Authority, unduly offend or otherwise interfere with
livability or enjoyment of the neighboring properties.
Parking
Minimum1 parking stall per non-resident employee on the property,
plus a minimum of 1 additional parking space for each business
visitor on the property at the same time, all in addition to the
required residential parking or as determined by the Development
Authority as a condition of Development Permit.
Signage
Sign no larger than 0.55 sq. m. (5.92 ft.) in area. This sign is
permitted to be placed at the entry of the property, provided it is solely
on the landowner's property and not in the road right of way.
Business license
Yes, annual Foothills County Business license required.
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10.13 KENNELS
Provisions pertaining to the boarding of other domestic animals, including cats and horses, are outlined
in Section 10.5 Animal Boarding Services. Additional information on the keeping of dogs is included in
Section 9.12.
10.13.1 Kennel provisions apply to the keeping of more than three (3) adult dogs (older than
6 months of age) at any one time on a lot containing a dwelling.
10.13.2 A Development Permit is required for a kennel meeting the criteria noted in
10.13.1.
10.13.3 In determining the number of dogs, pups less than six months of age shall not be
included.
General Kennel Provisions:
10.13.4 The Approving Authority may, when issuing a Development Permit, determine the
maximum number of dogs that may be kept at any one time by the operator of a
private or commercial kennel.
10.13.5 All dogs, including puppies, shall be kept indoors between the hours of 9:00 PM to
7:00 AM daily.
10.13.6 All dog facilities, including buildings and exterior exercise area, shall be located to
the rear of the principal building unless otherwise approved by the Approving
Authority.
10.13.7 All dog facilities shall be visually screened from the existing dwellings on adjoining
lots in accordance with the County's Screening Standards.
Private Kennel:
10.13.8 The keeping of 4 or more adult dogs owned by the resident(s) of the dwelling located
on the same property shall be considered a Private Kennel.
10.13.9 A Development Permit is required for a Private Kennel.
10.13.10 Care should be given to situate buildings or exterior exercise areas, used to
accommodate dogs as part of a private kennel on the property as to not unduly
interfere with the use and enjoyment of adjacent parcels.
Commercial Kennel/Dog Services:
10.13.11 The keeping of 4 or more adult dogs not owned by the resident(s) of the dwelling
located on the same property for any such purpose shall be considered a
Commercial Kennel. Such uses may include but not be limited to the purposes of
breeding, boarding, caring for, grooming, and/or training of dogs.
10.13.12 A Commercial Kennel is a Discretionary Use under General Industry District and
Direct Control District #26. A redesignation to Direct Control District #26 is required
for all Commercial Kennels in the County outside of these land use districts in
advance of a Development Permit Application. A Development Permit approval is
required for all Kennels. More information on the keeping of dogs can be found in
Section 9.12.
10.13.13 Any building or exterior exercise area(s), to be used to accommodate the dogs as
part of a Commercial Kennel shall be located:
a. A minimum of 300m to any dwelling located on adjacent parcels; or
b. As determined by Council.
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10.14 MANUFACTURED HOME PARK
10.14.1 Manufactured home parks shall be constructed in accordance with the Residential
Manufactured Home District land use rules in Section 13.6 of this bylaw.
10.14.2 A manufactured home park shall be required to provide communal piped water and
sewer services and utilities to each manufactured or mobile home site.
10.14.3 Prior to receiving a Development Permit for a manufactured home park, the
applicant shall enter into a Development agreement with the County, specifying the
required standards and respective obligations to be assumed by the applicant and
the County regarding:
a. The establishment, operation, and maintenance of services during the life of
the manufactured home park, including but not limited to:
i.
Storm sewers, ditches.
ii. Sanitary sewers.
iii. Water services.
iv. Firefighting facilities.
v. Roads, sidewalks, walkways, curbs, and easements.
vi. Parks and playgrounds.
vii. Street lighting.
viii. Snow clearance; and
ix. Garbage collection.
b. Other matters as may be deemed necessary by the Development Authority.
10.14.4 Utility infrastructure and roads shall be designed and constructed to the
satisfaction of the Director of Public Works and Engineering.
10.14.5 Two separate means of public vehicular access to a manufactured home park shall
be provided to ensure access for emergency vehicles.
10.14.6 Parking shall be constructed in accordance with the Residential Manufactured
Home District and with Section 9.19 of this Bylaw.
10.14.7 Within a manufactured home park, a screened storage area equivalent to 1 parking
stall per site should be provided for seasonal recreational equipment and other
equipment not suitable for storage on individual sites. Such areas shall be enclosed
and screened by landscape features or fencing to the satisfaction of the Approval
Authority.
10.14.8 A manufactured home park may include a community service or recreation building
or facility for the common use of park residents.
10.14.9 A minimum of 10% of the gross area of the lot containing a manufactured home
park shall be designated for outdoor recreational use. Such areas shall be free from
traffic hazards and conveniently situated for the use of all park residents.
10.14.10 All open areas not used for traffic circulation, parking, storage, and service facilities
shall be landscaped to the satisfaction of the Development Authority.
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10.15 CANNABIS
Cannabis Production
10.15.1 Cannabis Production Nursery, Cannabis Production, Micro, and Cannabis
Production, Standard are defined in Section 2.5 of this bylaw.
10.15.2 This use is specifically defined and is a discretionary use under the General Industry
District only. This use shall not be included as any other similar or accessory uses
such as greenhouses, intensive vegetation operations, or agricultural processing
and distribution.
10.15.3 A Development Permit is required for this use under the General Industry District.
10.15.4 A Cannabis Production shall occur only under applicable federal licensing. Proof of
valid Federal licensing and the activities as approved thereunder shall be provided
to the County.
10.15.5 All licensed processes and functions shall be fully enclosed within a stand-alone
building(s). Loading stalls and docks shall not be visible from a public road or
adjacent lands.
10.15.6 Outdoor storage is not permitted with Cannabis production.
10.15.7 No noise, odour, smoke, or air borne particles inherent to the nature of operations
shall be determinable beyond the legal boundaries of the parcel.
10.15.8 An applicant shall illustrate the ability to comply with municipal water allotments or
prove a licensed source of water.
10.15.9 Where on-site illumination is required, all lighting shall be positioned in such a
manner that lighting falling onto abutting properties is minimized and shall be in
accordance with the "Dark Sky Bylaw" adopted by Council.
10.15.10 A landscaping and screening plan shall be completed to the satisfaction of the
Approving Authority.
10.15.11 Any Cannabis production operations shall provide parking in accordance with
Section 9.19.
10.15.12 Engineering requirements are as follows:
a. Professionally Engineered stamped plans (structural, mechanical, electrical,
and fire).
b. Must meet applicable Building Code and Fire Code provisions for use and
occupancy.
10.15.13 Safety & Health:
a. Must adhere to relevant environmental legislation.
b. Must satisfy all public health requirements.
c. An applicant shall provide appropriate information with respect to daily
operations pertaining to safety and security, to the satisfaction of the
Development Authority.
10.15.14 Upon issuance of a Development Permit for any Cannabis production, the applicant
shall obtain a Business License from the County. If the business license is not
obtained or is revoked or suspended, the Development Permit shall be and remain
suspended until the business license is obtained or re-instated.
10.15.15 Signage shall be as approved by Development Permit.
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10.15.16 The Development Authority may impose the following conditions pertaining to a
Cannabis Production:
a. Setbacks from roads, residential and other developments.
b. Delivery route requirements and location of access to the lands.
c. Provisions providing for security of the site.
d. Provision of a waste management plan, completed by a qualified professional
that includes detail on:
i.
The incineration of waste products and airborne emissions, including
smell.
ii. The quantity and characteristics of liquid and waste material discharged
by the facility.
iii. The method and location of collection and disposal of liquid and waste
material.
e. Any other matters deemed necessary by the Development Authority.
Approvals for a Cannabis Retail Store for the retail sales of Cannabis are only contemplated
under the Direct Control District #11 (DC11). All Cannabis Retail Stores must adhere to all
applicable requirements of the Alberta Gaming, Liquor and Cannabis (AGLC) and other
applicable federal and provincial legislation and regulations. This use is not contemplated
elsewhere in the County.
Cannabis Retail
10.15.17 Cannabis, Cannabis Sales, Cannabis Retail Store, and Cannabis Accessory are
defined in Section 2.5 of this bylaw.
10.15.18 All Cannabis Sales and Cannabis Retail Stores require an approved Development
Permit prior to operation.
10.15.19 The landowner is responsible to ensure any required safety code permits are
obtained from the County and to ensure compliance with all Provincial or Federal
regulatory bodies having jurisdiction with respect to such facilities.
10.15.20 Where Cannabis Retail Store is not listed as a use under the current land use
district, a bylaw must be enacted to redesignate the lands to the appropriate land
use district or amendment of the existing district to allow for the use, prior to the
development authority considering the development permit application complete.
10.15.21 All Cannabis Retail Stores shall adhere to the requirements as identified within the
AGLC's Retail Cannabis Store Handbook, including but not limited to:
a. A retail cannabis license will not be issued if the premises is located within 100
metres of:
i.
a provincial health care facility, or boundary of the parcel of land on
which the facility is located, or
ii. a building containing a school or a boundary of the parcel of land which
the facility is located, or
iii. a boundary of a parcel of land that is designated as a school reserve or
municipal and school reserve in the Municipal Government Act.
b. The retail cannabis store may set its hours of operation between the maximum
allowable hours of 10:00am and 2:00am, Monday through Sunday, unless
otherwise set by the Development Authority.
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10.15.22 Development permit applications for Cannabis Retail Stores shall be accompanied
by the following information:
a. Written proof of submission to the AGLC for the Retail Cannabis Store (providing
proof of approved AGLC License will be a condition of the Development Permit
approval).
b. A detailed site plan with North at the top of the page showing:
i.
the entire parcel and any other land that may be used in conjunction
with the parcel for the proposed use. If additional lands are owned by
others, must include names and signed consent for the proposed
development.
ii. The legal land description.
iii. Dimensions of the parcel and building(s).
iv. Locations of all existing and proposed buildings and distances from all
property lines.
v. Distances from any neighbouring Healthcare Facilities, Schools, and/or
school reserve/municipal and school reserve properties.
vi. All roads and routes used for any construction, and access/egress of the
subject property.
c. Statements to fully describe the proposed development, including but not
limited to:
i.
Full description of proposed business, including how it operates, and the
number of individuals to be employed.
ii. Products and services proposed.
iii. Types and frequency of deliveries to and from the site.
iv. Proposed days and hours of operation (noting maximum allowable hours
of 10am to 2am, as per the Alberta Gaming, Liquor and Cannabis
Regulation 121).
v. Proposed maximum number of occupants of any building involved in the
development at any given time.
vi. Description of provisions for construction/renovations/alterations to any
proposed and/or existing building(s) in support of the proposed
operation, and in alignment with the Gaming, Liquor and Cannabis Act
(GLCA) and Gaming, Liquor and Cannabis Regulation (GLCR).
vii. Provisions for parking and loading.
viii. Methods of controlling noise, dust, odors, or drainage from the lot, both
during construction and regular operations of the business.
ix. Description of any proposed signage and/or business identification
including illustrations/renderings and dimensions.
d. Any additional or supplementary details deemed appropriate or necessary by
the development authority and/or applicant in order to thoroughly consider the
application.
e. A Fire Safety Plan submitted with the application for review and approval by the
Safety Codes Officer prior to project commencement.
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f. An Emergency Response Plan prepared by a qualified professional and
approved by the County's Emergency Management Department prior to the
submission of the development permit.
10.15.23 The Approving Authority may impose as a condition, any reasonable measure to
ensure suitability, compatibility and to mitigate potential impacts, consistent with
and giving consideration to the terms and conditions of the AGLC approval.
10.15.24 In evaluating the appropriateness of a development permit application for Cannabis
Retail Sales, the Approving Authority shall consider:
a. compatibility with adjacent and neighboring land uses.
b. impact on existing traffic volumes and patterns of flow.
c. appropriate vehicle parking and site access/egress requirements.
d. lighting and signage.
e. appropriate site security/fencing requirements; and
f. any other matters considered appropriate by the development authority.
10.16 COMMERCIAL STORAGE FACILITIES
10.16.1 A Development Permit is required for all commercial storage facilities in the County.
10.16.2 Commercial Storage Facilities shall comply with the following provisions:
a. All storage facilities shall be located in the side or rear yard and screened in
accordance with the "Screening Standards" approved by the Municipal Council.
b. A detailed landscape plan shall be provided to the satisfaction of the Approving
Authority and shall include berms, fencing, vegetation, or other screening
provisions. Where possible vegetation existing on-site shall be preserved and
used for landscaping and screening.
c. Landscaping and screening shall be completed to the satisfaction of the
Approving Authority in accordance with "Screening Standards", where required.
The Screening Standards can be found as Appendix G of this bylaw.
d. Vehicle entrances and exits, as well as vehicle routes shall be designed, and
signage provided in a manner that provides a safe and clearly defined
circulation pattern.
e. all on-site roadways, parking, loading and storage areas shall have a durable
hard surface of asphalt, gravel, or similar material and the same shall be
drained, developed, and maintained to the satisfaction of the Approving
Authority and the Director of Public Works and Engineering.
f. Where on-site parking or storage is illuminated, all lighting shall be positioned
in such a manner that lighting falling onto abutting properties is minimized and
shall be in accordance with the "Dark Sky Policy" adopted by Council. More
information on the Dark Sky Bylaw can be found in Appendix E of this bylaw.
g. Any undeveloped portion of the site must be graded, contoured, and seeded
and shall provide for a satisfactory disposal of surface water by grading and
drainage in such a manner that no surface water shall drain onto any public
roadway or other neighboring property.
h. There shall be no storage of hazardous materials or goods on-site; and
i.
Any other conditions imposed by the Development Permit approval.
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10.17 NATURAL RESOURCE EXTRACTION AND PROCESSING
10.17.1 Properties subject to natural resource extraction and/or processing shall be zoned
Natural Resource Extraction District and have an approved Development Permit
prior to commencement of any excavation, operation, or processing.
10.17.2 Natural resource extraction operations shall be reclaimed in accordance with the
approved Provincial site reclamation plan.
10.17.3 Natural resource extraction shall not be permitted within 100.0m (328.1 ft.) of an
existing dwelling, nor shall a dwelling be permitted within 100.0m (328.1 ft.) of a
natural resource extraction operation. This minimum setback requirement shall not
be applicable if an existing dwelling is on the same parcel as a proposed natural
resource extraction operation.
10.17.4 The Development Authority may impose the following conditions pertaining to
natural resource extraction:
a. Standard hours of operation.
b. Parameters of operation - depth, total area available to develop.
c. Setbacks from roads, residential and other developments, including reciprocal
setbacks limiting development encroaching on existing gravel operations.
d. Buffering and noise attenuation.
e. Road use agreements and/or development agreements.
f. Haul route requirements.
g. Reclamation schedules.
h. Conditions regarding the Community Aggregate payment; and/or
i.
Any other matters deemed necessary by the Development Authority.
10.18 RECREATION VEHICLE STORAGE
10.18.1 A Development Permit is required for temporary storage of unoccupied recreation
vehicles not exempted under Section 4.2.1 "No Development Permit Required" of
this bylaw.
10.18.2 A Development Permit for temporary storage of unoccupied recreation vehicles may
be considered for the following where listed as a Discretionary Use:
a. Storage of between 6 and 10 unoccupied recreation vehicles on Agricultural
District, Agricultural Business District.
b. Storage of up to 2 (two) unoccupied recreation vehicles on Country Residential
District (within a Hamlet boundary), and Cluster Residential District, Country
Estate District, and Residential Community District parcels.
c. At the discretion of the Development Authority where listed as a discretionary
use in the specific land use district
10.18.3 Where the number of recreational vehicles exceeds the criteria under Section
4.2.1.14 of this bylaw and/or storage of unoccupied recreational vehicles is not
listed as a permitted or discretionary use in the applicable land use district, an
amendment to the land use district or site-specific amendment is required to allow
for temporary storage of unoccupied recreational vehicle storage in all land use.
A Development Permit will be required following approval of a site-specific
amendment, prior to development occurring.
10.18.4 Development approvals for the storage of unoccupied recreational vehicles shall
comply with the following provisions:
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a. All storage shall be located in the side or rear yard and screened in accordance
with the "Screening Standards" attached as Appendix G in this bylaw.
b. A detailed landscape plan shall be provided to the satisfaction of the Approving
Authority and shall include berms, fencing, vegetation, or other screening
provisions. Where possible vegetation existing on-site shall be preserved and
used for landscaping and screening.
c. Landscaping and screening shall be completed to the satisfaction of the
Approving Authority in accordance with "Screening Standards" attached as
Appendix G in this bylaw, where required.
d. Vehicle entrances and exits, as well as vehicle routes shall be designed in a
manner that provides a safe and clearly defined circulation pattern.
e. All on-site roadways, parking, loading and storage areas shall have durable
surfacing and the same shall be drained, developed, and maintained to the
satisfaction of the Approving Authority and the Director of Public Works and
Engineering.
f. Where on-site parking or storage is illuminated, all lighting shall be designed
and positioned in such a manner that light falling onto abutting properties is
minimized and shall be in accordance with the "Dark Sky Bylaw" attached as
Appendix E in this bylaw adopted by Council.
g. Any undeveloped portion of the site must be graded, contoured, and seeded
and shall provide for a satisfactory disposal of surface water by grading and
drainage in such a manner that no surface water shall drain onto any public
roadway or other neighboring property.
h. There shall be no storage of hazardous materials or goods on-site.
i.
No short-term or long-term camping shall be allowed on-site.
j.
The storage of recreational vehicles shall not include storage for salvage, for
derelict vehicles and equipment, storage of freight vehicles, used building or
domestic products and similar discarded or recyclable materials; and
k. Any other conditions of the Development Permit approval.
10.19 RELIGIOUS ASSEMBLY
10.19.1 All religious assembly uses shall comply with the following general provisions:
a. The maximum height shall not exceed the maximum allowable height of the
applicable land use district unless granted a variance by bylaw of Council.
b. The building setbacks of the applicable land use district shall apply.
c. The parcel shall be of size as to provide adequate parking and landscaping in
accordance with the provisions of this Bylaw.
10.19.2 To minimize impact on adjacent uses, the Development Authority may require that
the development be designed to reduce the perceived massing of the structure
through techniques including but not limited to increased setbacks and
landscaping, articulation of elevations and rooflines, finishing materials and colors,
and by imposing any other conditions deemed necessary by the Development
Authority to minimize impact on adjacent uses.
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10.20 RETAINING WALLS
10.20.1 No Development Permit is required for retaining walls that are developed in
accordance with Section 4.2.1.33 of this bylaw.
10.20.2 Retaining walls shall be designed and constructed to:
a. Maintain positive overland drainage on all portions of the site.
b. Respect overland drainage patterns established for the lot at the time the lot
was created; and
c. Not divert overland drainage onto adjacent properties.
10.21 SATELLITE DISH, PERSONAL
10.21.1 Section 4.2.1.17 of this bylaw outlines where no Development Permit is required
for satellite dish installation on lands in the County. All other instances are
considered requiring a Development Permit. It is the landowner's responsibility to
ensure that they have obtained all necessary permits.
10.22 SOLAR POWER SYSTEMS
Solar Power Systems, Private
10.22.1 Section 4.2.1.18 of this bylaw outlines where no Development Permit is required
for the construction of Solar Power Systems, Private on lands in the County. All other
instances requiring a Development Permit. It is the landowner's responsibility to
ensure that they have obtained all necessary permits.
10.22.2 All Solar Power Systems, Private requiring a permit are considered a discretionary
use and will require an approved Development Permit prior to commencement of
construction in order to manage off site impacts of these facilities.
10.22.3 The landowner is responsible to ensure any required safety code permits are
obtained from the County and to ensure compliance with any Provincial or Federal
regulatory body having jurisdiction with respect to such installations.
10.22.4 A Development Permit is required for all Solar Power Systems, Private within the
Airport Protection Overlay, unless otherwise waived as per Section 11.2.4.7.
Solar Power Systems, Commercial
10.22.5 All Solar power systems, commercial require a Development Permit approval.
10.22.6 Where Solar Power Systems, Commercial is not listed as a use under the current
land use district, a bylaw must be enacted to redesignate the lands to the
appropriate land use district prior to the development authority considering the
development permit complete.
10.22.7 The following are required by the Developer for public consultation:
a. The Developer shall conduct public consultation within 60 days prior to
submitting a Development Permit Application to the satisfaction of the
Development Officer, for all solar power systems capable of producing power of
10MW and less, which are exempt from filing any application with AUC or that
require only the filing of an AUC checklist application, in accordance with the
following:
i.
Notification of the meeting is sent to occupants and landowners within a
1-mile radius of the project boundary as well as those landowners who
are situated along the proposed construction haul route, a minimum 21
days prior.
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ii. The County is notified 21 days prior to the meeting.
iii. An in-depth summary is provided to the Development Officer, that
includes but is not limited to a list of occupants, residents, landowners,
and interested parties that were notified, an outline of the impacts and
benefits relayed by interested parties, and how the proponent intends on
addressing the matters, and
iv. The meeting summary shall be included in the development permit
application.
b. For applications for Solar Power systems that require full AUC application
approval, the Developer shall provide a summary of the Participant Involvement
Program completed as part of the AUC licensing process, including a list of the
occupants, residents, landowners, and interested parties that were notified
and/or consulted with, consultation timelines and methods, specifics of
concerns noted, steps taken to try to resolve the concerns, and whether the
concerns were resolved.
10.22.8 Development permit applications for Solar Power Systems, Commercial shall be
accompanied by the following information:
a. The full written approval by the Alberta Utilities Commission for the Solar Power
System, Commercial.
b. A detailed site plan including:
i.
the entire parcel with north at the top of the page.
ii. all roads used for construction, access and egress, and reclamation of
the site.
iii. all existing structures (inclusive of temporary structures and structures
without foundations).
iv. any proposed buildings and the proposed array(s).
v. all setbacks from property lines and the proximity to structures or uses
on the site and adjacent parcels of land; and
c. Detailed information showing any proposed temporary storage and/or laydown
yard locations on the property during the construction phase(s).
d. Detailed information about the system type, number of structures, height of
structures, and the energy process, storage (grid tied or battery storage), and
rated output.
e. Descriptions, drawings, with dimensions, showing the footings system, the
mounting system, racking and/or tethering that is to occur, the type and size of
solar panels, the minimum clearance of solar collectors from grade within the
proposed installation.
f. A site suitability analysis including but not limited to, topography; soils
characteristics; storm water collection; accessibility to a developed or
undeveloped road; availability of water supply, sewage disposal system and solid
waste disposal if applicable; compatibility with surrounding land uses; potential
impacts to agricultural land and operations; potential visual impacts, and
consistency with the policies of the Municipal Development Plan, Area Structure
Plan, and the Land Use Bylaw.
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g. A copy of the public consultation completed, or participant involvement program
submitted as part of the application to AUC and/or a copy of the public
information that includes but is not limited to, an outline of the impacts and
benefits relayed by attendees, and how the proponent intends on addressing
the matters.
h. Detailed information regarding construction traffic management plan including
proposed material haul route, estimated employee vehicle trips (types and
duration), and parking / staging areas, and any potential impacts to public
roads.
i.
Identification of any sensitive, environmental, or topographical features which
may be present on the parcel.
j.
A post-construction decommissioning and reclamation plan as required by the
Conservation and Reclamation Directive for Renewable Energy Operations
(Alberta Environment (2018/09/14).
k. A cost estimate prepared by a qualified professional that details the costs of
decommissioning the full installation and reclamation of the entire subject
lands. This cost estimate must be submitted to the satisfaction of the
Municipality and may be subject to third party review completed by a qualified
professional, at the cost of the applicant.
l.
A vegetation, weed and pest management plan that addresses how invasive
plant, weeds, and pest such as Richardson Ground Squirrel, will be controlled during
the construction period and the projected lifespan of the development, to be
submitted for review and approval by the Foothills Agricultural Fieldman.
m. A soils erosion, topsoil, and soil stockpile management plan to address:
i.
Any proposal to strip and stockpile topsoil during the
construction/erection period and the rationale or need for doing so, and
ii. The details on proposed soil management practices and erosion control
due to both wind and water; for the period of both construction and post-
construction including maintenance and/or recovery of soil structure and
nutrient values of the site.
iii. Surface drainage and erosion control, which must also adequately
address and account for impacts associated with the impervious nature
of the collectors.
n. A landscaping and screening plan showing how the installation will be visually
screened from neighboring parcels and adjacent roadways is to be submitted
to the satisfaction of the County and in accordance with any screening
standards or guidelines applicable on the subject lands. This plan will include
sufficient construction details, plant lists and minimum sizes, and cost
estimates.
o. An Environmental Impact Assessment report (Phase I Environmental Site
Assessment) or Environmental Evaluation Report prepared by a qualified
professional or other studies and reports to demonstrate site suitability and
impact mitigation to the satisfaction of the County.
p. A Fire Safety Plan submitted with the application for review and approval by the
Safety Codes Officer prior to project commencement.
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q. A Fire Mitigation Strategy submitted for review and approval by the Foothills Fire
Department. Any changes to the fire mitigation plan, the solar installation
layout, spacing between solar collectors, the screening plan or any other aspect
of the project as requested by the Foothills Fire Department must be
undertaken and resubmitted to the satisfaction of the Foothills Fire Department
prior to the submission of the development permit for consideration.
r. An Emergency Response Plan prepared by a qualified professional and
approved by the County's Emergency Management Department prior to the
submission of the development permit.
s. A Neighbour Emergency Response Plan prepared by a qualified professional
which addresses safety, education, and emergency response plans for the
benefit of landowners and businesses within the vicinity of the solar installation
is to be submitted to the satisfaction of the County's Director of Emergency
Management prior to the submission of the development permit for
consideration.
10.22.9 The Approving Authority may impose as a condition, any reasonable measure to
ensure suitability, compatibility and to mitigate potential impacts, consistent with
and giving consideration to the terms and conditions of the AUC approval.
10.22.10 The Approving Authority may, upon review and acceptance of all the approvals,
plans, studies, and cost estimates required to be submitted as part of the
application, impose any or all of the following as pre-release conditions or
conditions of a development permit:
a. A Municipal Development Agreement shall be executed for the following:
i.
for interior and/or exterior road construction, or upgrades contemplated
or necessary to support the development of the site. Engineered
drawings, cost estimates, letters of credit and necessary insurance will
be required to be submitted.
ii. for the purposes of requiring the developer to undertake the actions as
noted in the approved Screening Plan, including letters of credit to be
held by the County to ensure proper construction, maintenance, and
plant material replacement as necessary.
iii. for the purposes of requiring the developer to undertake the actions as
noted in the approved Soil Management and Erosion Control Plan and
the approved Vegetation, Weed and Pest Management Plan are met. A
letter of credit, subject to approved cost estimates as deemed
appropriate by the County, will be required to be submitted to the County
to ensure compliance with these plans. Portions of the security may be
released upon satisfactory completion of all actions and
recommendations as noted in these plans, to the satisfaction of the
County.
iv. for the purposes of requiring the developer to undertake the actions as
noted in the approved Decommissioning and Reclamation Plan. This
agreement may require the submission of an irrevocable letter of credit,
surety bond, or cash deposit to ensure the decommissioning and
reclamation of the site.
b. Copies of executed Crossing Agreements for all collector lines that are proposed
within the Municipal rights of way.
c. A stormwater management plan, (including grading and drainage) for the entire
site, completed and stamped by an appropriate professional to the satisfaction
of the County's Public Works Department.
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d. A Municipal Road Use Agreement is to be executed for the duration of
construction of solar power systems, commercial to the satisfaction of the
County's Public Works department.
e. The operator and/or landowner shall be responsible for preventing soil loss,
erosion, and deterioration from taking place in accordance with the approved
Soil and Erosion Management Plan.
f. The operator and/or landowner shall be responsible for controlling invasive plant
threats and weeds in accordance with the vegetation, weed and pest
management plan approved by the Foothills County Agricultural fieldman.
g. All recommendations and actions noted in the approved Fire Safety Plan, Fire
Mitigation Plans, Emergency Response Plans and Neighbour Response Plans
will be required to be undertaken to the satisfaction of the County.
10.22.11 If the solar power system is out of service or not producing energy for a period of six
months, the operator shall provide evidence to the Development Authority, with
respect to the reason for the solar system being out of service or non-operational
and provide a detailed plan for bringing the solar system back into service if the
intention is to continue operation. If within six months of non-operation, the
operator has not provided the Development Authority with a clear intent and
timeline to bring the solar power system back on line, the Development Authority
shall deem the solar power system non-operational, and decommissioning,
removal, and reclamation will need to commence in accordance with decommission
and reclamation plan approved with the application, returning the site to the same
or better condition as prior to project commencement.
10.23 TELECOMMUNICATIONS TOWERS
10.23.1 Canada Innovation, Science and Economic Development (ISED) has full authority
for regulating radio communication in Canada and for authorizing the location radio
communication facilities, including communication towers.
10.23.2 Only telecommunication towers that do not fall under federal jurisdiction are
required to go through the necessary site-specific amendment application and
Development Permit approval process.
10.23.3 Canada Innovation, Science and Economic Development (ISED) is responsible to
ensure that land use authority consultation has been taken into consideration
before issuing an authorization for significant antenna structures.
10.23.4 A review fee is required to be paid to the County for review of applications for
Telecommunications towers in accordance with the current fee schedule.
10.23.5 Any tower proposed to be located within the Foothills County will be required to
comply with all aspects of the policies adopted by Council. Council will either show
its support or non-support towards the proposed location based on the required
information. A copy of the "Telecommunication Towers" policies and procedures is
included as Appendix B of this bylaw.
Canada Innovation, Science and Economic Development (ISED) has full authority for
regulating radio communication in Canada and for authorizing the location of radio
communication facilities, including communication towers. Any telecommunication towers
proposed within the Airport Protection Overlay will be subject to review by Foothills County,
ISED, and Transport Canada.
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10.24 WIND ENERGY CONVERSION SYSTEM, PERSONAL
10.24.1 Section 4.2.1.16 of this bylaw outlines where no Development Permit is required
for wind energy conversion systems on lands in the County. All other instances are
considered requiring a Development Permit. It is the landowner's responsibility to
ensure that they have obtained all necessary permits.
10.24.2 A wind energy conversion system installed on lands within the Highway 2A Industrial
Area ASP is considered a discretionary use when constructed in conjunction with
an approved development and when it meets the following criteria:
a. The system and supporting structure must meet minimum setback distances
from property lines.
b. The system and supporting structure must be no greater than 16m (52.49 ft.).
in height; and
c. Installation and construction are in accordance with the Highway 2A Corridor
Design Guidelines.
10.24.3 A Development Permit is required for all Wind Energy Conversion System, Personal
within the Airport Protection Overlay, unless otherwise waived as per Section
11.2.4.7.
10.24.4 One (1) wind energy conversion system developed per parcel on parcels other than
Agricultural and Country Residential zoned parcels, and systems in accordance with
Section 10.24.1, for the purpose of generating electrical power for a single parcel
for domestic and/or agricultural uses is considered as a discretionary use where:
a. It is for domestic and/or agricultural uses only.
b. The system and supporting structure meet minimum setback distances from
property lines.
c. The system and supporting structure are no greater than 16m (52.49 ft.). in
height.
10.24.5 Wind energy conversion systems for use other than for personal use for domestic
and/or agricultural purposes will require approval by Council through a land use
amendment or redesignation to a Direct Control district.
10.25 TOURIST HOMES
Tourist Homes are defined in the Land Use Bylaw and include two categories - hosted and un-hosted
accommodations. Tourist homes, hosted which meet the requirements of Bed and Breakfast in
accordance with Section 10.4, may be applied for as a Bed and Breakfast. All tourist homes, un-
hosted or tourist homes, hosted that exceed the requirements of a Bed and Breakfast in accordance
with Section 10.4, may be applied for by making application for site-specific amendment under the
applicable land use district in advance of a Development Permit Approval. A public hearing shall be
undertaken as part of a site-specific amendment to a property, giving neighboring properties
opportunity to submit feedback as part of the approval process.
10.25.1 The operation of a tourist home un-hosted and/or a tourist home, hosted which
exceeds the requirements of a Bed and Breakfast, shall require a site-specific
amendment and an approved Development Permit under all land use districts.
10.25.2 Development Permits for tourist homes will only be permitted for a temporary period
of 12 or 24 months at a time, which will be determined by the Development Officer
at the time of the application.
10.25.3 Where approved, tourist homes shall be developed and operated in accordance
with the following regulations in order to ensure that the impacts of this commercial
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use do not unduly affect the amenities of the residential neighborhood in which they
are located:
a. The intent of the occupant is to stay for short term vacation purposes rather
than use the property as a residence.
b. None of the sleeping unit(s) within the dwelling are permitted to contain a
kitchen or kitchen facilities.
c. Tourist homes shall not interfere with the rights of other residents to quiet
enjoyment of a residential neighborhood.
d. Only an approved dwelling, by way of building permit, is permitted to be used for
overnight accommodations, no sleeping accommodations are permitted in any
garage or accessory building on site.
e. Provide one on-site parking stall per bedroom.
f. Ensure that the dwelling conforms to the Alberta Safety Codes and any other
provincial regulations.
g. Ensure that the dwelling is inspected and signed off by the M.D. of Foothills Fire
Chief.
h. Where food is being prepared by the owner of the home, Alberta Health
approvals will be required, where food is being prepared by the renters, no
approvals are required.
i.
Not display any form of signage unless approved under the Development Permit
or is permitted under Section 4.2.1.39.
10.26 SECONDARY SUITES
10.26.1 A Secondary Suite may be considered in accordance with the following:
a. Secondary Suite, Principal - located within a principal Dwelling Unit, in an
extension or addition to the principal dwelling, or above a garage attached to
the principal dwelling on the same parcel, as per the definitions in Section 2.5
in accordance with all provisions under Section 10.26.
b. Secondary Suite, Detached - detached from and subordinate to the principal
dwelling, and may be a stand-alone suite, or a suite within, or attached to an
accessory building or detached garage on the same parcel as the principal
dwelling, as per the definitions in Section 2.5 in accordance with all provisions
under Section 10.26.
10.26.2 Secondary Suites are not permitted within the hamlets of Heritage Pointe and
Priddis Greens.
10.26.3 A Secondary Suite shall be subordinate to a principal dwelling and shall only be
located on a parcel where Secondary Suite, Principal or Secondary Suite, Detached
is listed as a permitted or discretionary use under the appropriate land use district.
10.26.4 Where a Secondary Suites is a Permitted Use under the applicable land use district
but does not meet all other provisions under this bylaw, it shall be considered a
Discretionary Use.
10.26.5 A Development Permit shall be obtained for all Secondary Suites in the County.
10.26.6 All Secondary Suites shall have an approved Building Permit and shall comply with
all applicable Building and Safety Code Requirements.
10.26.7 All Secondary Suites shall comply with the Land Use and Development
Requirements such as height requirements, setback regulations, and lot coverage,
for the applicable land use district.
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10.26.8 A Secondary Suite shall only be permitted on a site in accordance with the maximum
dwelling unit density requirements under the applicable land use district or in
accordance with Section 10.10.5 where the maximum dwelling unit density is not
listed in the land use district.
10.26.9 A parcel shall be limited to one Secondary Suite.
10.26.10 Occupancy shall be restricted to a maximum of two bedrooms per suite.
10.26.11 A Secondary Suite, Principal, shall be smaller than the habitable area of the
principal dwelling to a maximum of 1,400 sq. ft. in size.
10.26.12 Notwithstanding Section 10.26.11, a Secondary Suite may exceed 1,400 sq. ft. in
size where a Secondary Suite, Principal is situated:
a. Entirely within the basement of the principal dwelling and the building footprint
of the basement is greater than 1,400 sq. ft. in size.
b. Within the entire loft area above a garage attached to the principal dwelling,
provided the Secondary suite does not exceed the building footprint of the
attached garage and the Secondary suite remains smaller in size than the
habitable area of the principal dwelling.
Building Footprint means the total ground coverage or impermeable surface of the
building area, including any covered roof structures, cantilevers, eaves, attached
and covered decks, garage space, carports, porticos, etc. The Building Footprint is
used for assessing lot coverage and cumulative area for accessory buildings on a
parcel.
For the purpose of determining Secondary Suite size, the habitable area of a
Secondary Suite is the sum of all floors of all livable space contained within the
exterior walls of the structure, including the basement, which is designated for
human occupancy. This includes areas for living, sleeping, eating or food
preparation, or recreational purposes, but does not include the garage, or areas
devoted exclusively to mechanical or electrical equipment servicing the
development.
10.26.13 A Secondary Suite, Detached shall meet the following maximum size requirements:
a. on parcels 1 acre and larger in size, the Secondary Suite shall be smaller than
the habitable area of the principal dwelling up to a maximum of 1,400 sq. ft. in
size, so long as all other requirements under the appropriate land use district
are met (including but not limited to minimum building setbacks, maximum
height requirements, maximum dwelling unit density, and maximum lot
coverage) and the Secondary Suite meets all requirements of Section 10.26.
b. on parcels less than 1 acre in size, the Secondary Suite shall be smaller than
the habitable area of the principal dwelling up to a maximum of 1,000 sq. ft. in
size, so long as all other requirements under the appropriate land use district
are met (including but not limited, to minimum building setbacks, maximum
height requirements, maximum dwelling unit density, and maximum lot
coverage) and the Secondary Suite meets all requirements of Section 10.26.
10.26.14 A Secondary Suite, Detached shall be considered as part of the total allowable
number of accessory buildings and total accumulated area of accessory buildings
in accordance with parcel size as identified in Table 4.2.1.7A of the Land Use Bylaw.
10.26.15 Where a Secondary Suite, Detached exceeds the maximum total number of
buildings and/or total cumulative size of buildings allowed, based on parcel size in
accordance with Table 4.2.1.7A of this bylaw, the Development Authority reserves
the right to refuse a Development Permit for the Secondary Suite should they feel
the number of buildings and/or cumulative size of buildings on the parcel is
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excessive and may materially interfere with, or affect the use, enjoyment, or value
of the neighbouring property.
10.26.16 Each Secondary Suite shall provide the following on-site parking spaces for
Secondary Suites:
a. a minimum of one additional on-site parking space for a Secondary Suite up to
a maximum 1,000 sq. ft. in size, in accordance with Section 9.19 of this bylaw.
b. a minimum of two additional on-site parking spaces for a Secondary Suite larger
than 1,000 sq. ft. in size, in accordance with Section 9.19 of this bylaw.
10.26.17 All Secondary Suites shall have their own distinct County address to facilitate
accurate emergency response.
10.26.18 All restrictive covenants existing on title shall be submitted with applications for
Secondary Suites. Should a restrictive covenant be contrary to allowing for a
Secondary Suite or additional dwelling unit, the application shall be considered a
Discretionary Use under the land use district in which the Development Authority
may refuse the Development Permit application.
10.26.19 A Dwelling, Manufactured Home or Dwelling, Mobile Home may be approved by
Development Permit as a Secondary Suite, Detached where:
a. The unit has been prefabricated, built or factory-constructed within ten (10)
years of the date of the application.
b. The unit is placed upon an approved permanent foundation pursuant to the
provisions of the building code.
c. The development is in compliance with all requirements of Section 10.26 for
Secondary Suites.
d. It would not cause the maximum dwelling density for the parcel to be exceeded.
e. The development meets all other development requirements as per the
applicable land use district.
f. All applicable fire, building and safety codes requirements are met.
g. The Secondary Suite is finished in a manner that is visually compatible with the
principal dwelling on the same lot and in keeping with the visual character of
the area (consideration given to color/finish) to the satisfaction of the
Development Authority.
h. A current report, completed by a certified engineer, is submitted for
consideration with the application, confirming that the construction and
condition of the unit meets all building code requirements, if deemed necessary
by the Development Authority.
i.
Site design features are submitted for consideration with the Development
Permit application, including landscaping or screening proposed to provide
privacy between the Secondary Suite and adjacent properties and dwellings, if
deemed necessary by the Development Authority.
10.26.20 The Development Authority, in their discretion, may consider a development permit
for a change of use from an existing Dwelling, Temporary to a Secondary Suite,
Detached, if the Dwelling, temporary has approvals under a previous Development
Permit and can provide, to the satisfaction of the Development Authority, the
following:
a. The unit is placed upon an approved permanent foundation pursuant to the
provisions of the applicable building code as part of the change of use approval.
b. The unit must be prefabricated, built or factory-constructed more recently than
September 2, 2007.
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c. Must be in compliance with all requirements of Section 10.26 for Secondary
Suites.
d. Does not exceed the maximum dwelling density and maximum height
requirements and meets all other requirements as per the applicable land use
district.
e. The unit is finished in a manner that is visually compatible with the principal
dwelling on the same lot and in keeping with the visual character of the area
(consideration given to color/finish).
f. A current Engineer's report is submitted for consideration with the application,
confirming that the construction and condition of the unit meets all building
code requirements, if deemed necessary by the Development Authority.
g. Site design features are submitted for consideration with the Development
Permit application, including landscaping or screening proposed to provide
privacy between the Secondary Suite and adjacent properties and dwellings, if
deemed necessary by the Development Authority.
10.26.21 Further to 10.26.20, in all cases a Development Permit for the change of use of a
Dwelling, Temporary to a Secondary Suite, Detached will be considered a
Discretionary Use.
10.26.22 The Development Authority reserves the right to refuse a Development Permit for a
prefabricated dwelling (Dwelling, manufactured home or Dwelling, mobile home)
that is of poor appearance or condition.
10.26.23 Existing unpermitted Secondary Suites that were not allowed under the land use
bylaw prior to the passing of Bylaw 68/2023 (January 31, 2024), may be allowed
some variances, within two years from the date these provisions were passed, in
accordance with Section 5.6 of this bylaw when applying for Development Permit
approval to bring them into conformance.
Servicing Requirements
10.26.24 It is the landowner's responsibility to provide proof of adequate water servicing and
sanitary sewer servicing for a Secondary Suite, to the satisfaction of the
Development Authority.
10.26.25 Where a proposed Secondary Suite is to be serviced with a communal or municipal
piped water supply, the following is required:
a. a letter shall be submitted to the Development Authority providing confirmation
from the owner/operator of the piped water system, indicating that there is
adequate water available to service the additional use of the proposed
Secondary Suite on the subject parcel.
b. Where a separate water connection/or line extension may be required,
confirmation from the utility corporation/ owner/operator of the piped water
system, that the line has been installed, connected, and where applicable
appropriate meters installed to their satisfaction, shall be submitted to the
Development Authority.
In some areas, such as the Foothills County Hamlets, the water connection may need to be
assessed on a case-by-case basis to ensure there is sufficient line size to accommodate the
additional use for the site prior to approval. Separate water meter devices may be required
for Secondary Suites at the discretion of the utility provider.
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10.26.26 Where a secondary suite is to be serviced utilizing ground water, the Development
Authority (Development Officer, Council, or Development Appeal Board) may require
an updated pump test and/or hydrogeologist report or other validation data,
completed by a professional engineer or hydrogeologist, on the source groundwater
well be submitted to the County for review to confirm that the source water well can
sustain an adequate water supply for the existing and proposed development with
no anticipated interference to any neighboring wells.
10.26.27 Where water is hauled to the site as the primary water source for a Secondary Suite
(to a cistern or water storage system) the applicants must provide proof, to the
satisfaction of the Development Authority, that the system will provide an adequate
quantity of potable water for the proposed use.
Where there is no piped municipal or communal water system available for water supply to a
Secondary Suite, installation of a water cistern, in support of the water supply, is encouraged
and recommended.
10.26.28 The proposed method of managing the wastewater/sewage system for the
Secondary Suite shall be provided to the satisfaction of the Development Authority
and shall consist of either:
a. A private sewage treatment system that can adequately manage the additional
waste; or a new system or additions to the existing system, that have been
adequately sized to accommodate the additional waste, and the location is
suitable, and meets the current Safety Codes.
b. Where sewage disposal is connected to an approved piped communal collection
system, a letter providing conformation from the sewage disposal operator that
the system has adequate capacity for the additional sewage and authorization
to connect.
Permit Considerations
10.26.29 In considering a Development Permit application for a Secondary Suite, the
Development Authority may consider factors such as:
a. Any significant adverse impacts on the adjacent properties and dwellings (for
example: drainage, fire protection, access, etc.).
b. Adequate water and wastewater services to sustain the current and proposed
additional use on the site.
c. The architectural character of the Secondary Suite, including:
i.
In the case of a Secondary Suite, principal, the use of design strategies
that minimize structural changes to the exterior of the principal dwelling,
so that it maintains the appearance of a single dwelling; and
ii. In the case of a Secondary Suite, Detached, the suite, should be
constructed and finished in a manner that is visually compatible with the
principal dwelling on the same lot and in keeping with the visual
character of the area (consideration given to size/scale, location, and/or
color/finish).
iii. The availability of an indoor storage area located on the property for use
of the residents of the Secondary Suite to minimize visual impact to
neighboring properties.
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d. Site design features, including:
i.
The need for landscaping or screening to provide privacy between the
Secondary Suite and adjacent properties and dwellings.
ii. The need for adequate space to accommodate parking and loading for
use by residents of the Secondary Suite.
e. Such other considerations as the Development Authority may deem to be
relevant.
All Secondary Suites, with a valid Development Permit may be recorded on the
Secondary Suite Registry for public information.
10.27 BACKYARD HENS
10.27.1 No Development Permit is required for the keeping of backyard hens in
accordance with Section 10.27 of this bylaw. Section 4.2.1 outlines where no
Development Permit is required under this bylaw.
10.27.2 Backyard hens are only permitted as an accessory use to a principal dwelling on
site and hen owners must reside on the property upon which the hens will be
kept.
10.27.3 A maximum of six (6) backyard hens shall be permitted on a parcel under 3 acres
in size, outside of Hamlet boundaries in accordance with provisions under this
section.
10.27.4 Roosters are prohibited on parcels under 3 acres in size and are not included
within the backyard hen provisions under Section 10.27.
10.27.5 Backyard hens shall not be permitted to run at large and shall be maintained in an
appropriate coop and/or enclosure.
10.27.6 Coops and enclosures for backyard hens shall be located in the rear yard and
shall meet all other provisions under the land use bylaw including but not limited
to lot coverage, building allowances based on parcel size, maximum height
requirements, and minimum yard setbacks.
10.27.7 Location of the hen coop should be in a place that will be mindful and
considerate of your neighbors.
10.27.8 Manure must be removed, discarded, and/or properly composted to prevent
nuisance to neighboring properties.
10.27.9 Landowners shall take reasonable measures to ensure that coops are
maintained in good repair and sanitary condition, and free from vermin and noxious
or offensive smells, carcasses, or excessive manure or waste.
10.27.10 Hens shall not be slaughtered or disposed of on site.
10.27.11 Backyard hen owners shall comply with Alberta Animal Health Act and any other
applicable standards adopted by the Province of Alberta.
10.27.12 Owners must obtain Premises Identification (PID) under the Premises
Identification Regulation in the Alberta Animal Health Act.
10.27.13 Hen owners are encouraged to obtain some level of training on small flock
ownership or study the Guide for small flock owners published by the Alberta
Government and operate in accordance with the most current guidelines.
Link: 2015-raising-chickens-alberta-06-2015.pdf.
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10.28 ABATTOIRS
All Abattoirs, mobile butcher, and other on farm slaughter activities shall be conducted in
accordance with provincial and federal regulations.
Alberta Agriculture and Forestry (AF) have authority over slaughter and processing operations
and have a variety of license options dependent on the distribution and/or sale of meat in
accordance with the Provincial and Federal Meat Inspection Acts and Meat Inspection
Regulations.
10.28.1 No development permit is required for an Abattoir, Personal Use on lands where it
is accessory to the principle use on site and livestock and/or backyard hens are
permitted (dependent on parcel size and land use district), provided all other
provisions of the land use bylaw are adhered to (i.e., number of animal units
permitted on site).
10.28.2 A Development Permit is required as a discretionary use for both Abattoir, Minor
and Abattoir, Major in Foothills County. Where these uses are not listed as a
discretionary use under the appropriate land use district, a redesignation or site-
specific amendment will be required prior to application for Development Permit.
10.28.3 Applicants/landowners must comply with Section 10.1 of this Bylaw regarding
agricultural use and livestock regulation.
10.28.4 Animal units brought on site temporarily (not kept on site over-night) shall not be
included in the number of animal units used to determine general or intensive
agricultural use but must comply with the provisions of an approved Development
Permit for animal units permitted on site at any one time.
10.28.5 A Foothills County Business License is required for all Abattoir, Minor and Abattoir,
Major, and licensed Mobile Butcher businesses operating within Foothills County.
10.28.6 Any outdoor storage of materials will require approval through the Development
Permit and shall be adequately screened to the satisfaction of the Development
Authority.
10.28.7 Any storage of waste materials on site shall be to the satisfaction of the
Development Authority in accordance with Municipal, Provincial and/or Federal
regulations.
10.28.8 Consideration will be given to the location, density of the area, and adjacent land
uses when the Development Authority is determining the appropriate maximum
number of business visits to the site per day for an Abattoir, minor.
10.28.9 Abattoirs, minor shall not generate noise, smoke, odour, dust fumes, exhaust,
vibration, heat, glare, refuse matter or other nuisances considered offensive or
excessive by the Development Authority beyond the boundary of the parcel. At all
times, the privacy of the adjacent residential dwellings shall be preserved, and the
home-based business shall not in the opinion of the Development Authority, unduly
offend or otherwise interfere with liveability or enjoyment of the neighbouring
properties.
10.28.10 Abattoirs shall provide parking and loading facilities in accordance with Section
9.19 of the Bylaw, to the satisfaction of the Development Authority in accordance
with the intensity of the development.
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10.28.11 Applicants/landowners are responsible for obtaining the necessary licenses,
permits, and approvals required by Provincial or Federal government.
10.28.12 In considering a Development Permit application for an Abattoir, the Development
Authority may consider factors such as:
a. Parcel size and location.
b. Compatibility with adjacent land uses.
c. Environmental sensitivity.
d. Potential for any significant adverse impacts on the adjacent properties.
e. Serviceability of the site including, but not limited to, adequate water and
wastewater services for the site and appropriate licensed water sources.
f. Physical suitability and site design features, including:
i.
lot drainage.
ii. the need for landscaping or screening to provide privacy to adjacent
properties and dwellings.
iii. the need for adequate space to accommodate parking.
g. such other considerations as the Development Authority may deem to be
relevant.
10.29 DATA PROCESSING FACILITY
General Regulations
10.29.1 A Development Permit is required for all Data Processing Facilities.
10.29.2 A Data Processing Facility (Small Scale) is a Discretionary Use within the General
Industry District and Direct Control District #34 only.
10.29.3 Where a Data Processing Facility is not listed as a use within the current land use
district, a bylaw must be enacted to allow a site-specific amendment or redesignate
the lands to an appropriate land use district prior to the Development Authority
accepting a development permit application.
10.29.4 The development shall comply with all applicable Land Use and Development
Requirements, including height, setback, and lot coverage regulations for the
applicable land use district.
10.29.5 The development shall obtain an approved Building Permit(s) and comply with all
applicable Fire Code, Building Code, and Safety Code requirements.
10.29.6 The development shall meet all Foothills County Fire Department requirements to
ensure site safety to the satisfaction of the Fire Chief, including compliance with
the Fire Code, unobstructed emergency access, hydrant locations, hazard
identification, and overall safety.
Utilities and Provincial Approvals
10.29.7 Prior to issuance of a Development Permit, the applicant shall provide:'
a. A utility service letter of intent from the service provider;
b. Written confirmation from the electrical distribution utility that sufficient
capacity exists to service the proposed development without negatively
impacting existing customers or the surrounding service area; and
c. Confirmation that no system upgrades are required or details on the necessary
upgrades that are planned or required.
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10.29.8 The developer shall obtain all required Provincial approvals (AUC, AER, or
AEPA/EPEA) prior to applying for a Development Permit. A copy of approvals or
proof of exemption are required prior to deeming an application for Development
Permit complete.
10.29.9 Any future modifications, expansion, or intensification of the facility shall provide
written approval from applicable utility providers and confirmation of compliance
with current provincial regulations. A new Development Permit may be required
depending on the extent of the change.
10.29.10 Where power is drawn from the electricity grid, written verification from the
electrical service provider, confirming that the projected electrical consumption can
be accommodated, and related infrastructure is sufficiently sized, is required.
Backup Power Systems
10.29.11 Backup or standby generators shall be used only during power outages, emergency
situations, or for routine testing and maintenance, unless otherwise authorized by
the Development Authority.
10.29.12 Non-emergency testing or maintenance of backup generators shall be limited to
between the hours of 9:00 a.m. and 5:00 p.m., Monday to Friday, excluding
statutory holidays, unless otherwise approved by the Development Authority.
10.29.13 The operator shall maintain a log of generator operation and testing hours and
provide it to the County upon request.
Design and Site Standards
10.29.14 All Data Processing Facilities shall be designed and operated to minimize:
a. potential off-site impacts including noise, heat, light, vibration, air quality
(emissions) and other means of pollution.
b. The demand on municipal water, municipal wastewater, road infrastructure and
other utility supply.
10.29.15 The design, character, and appearance of all buildings, including sea-cans, shall be
compatible with the surrounding area and constructed of durable materials
designed to maintain their original quality throughout the life of the development.
10.29.16 A high-quality visual appearance shall be achieved through landscaping and
screening in accordance with the County's Screening Standards and, where
applicable, the Highway 2A Industrial Corridor Design Guidelines.
10.29.17 Any outdoor storage shall be arranged in an orderly manner and limited to areas of
the site where it is screened from adjacent properties and roadways through
fencing, landscaping, or berming.
Noise & Nuisance Control
10.29.18 The Development Authority may require the installation of noise attenuation
measures to minimize impact on adjacent properties, including but not limited to:
a. high-performance mufflers or silencers;
b. acoustic enclosures or sound barriers;
c. orientation of exhaust or discharge stacks away from dwellings or noise-
sensitive uses.
10.29.19 A Noise Impact Assessment (NIA) shall be prepared by a qualified professional
showing compliance with the AUC Rule 012 - Noise Control standards, or any
successor legislation. The NIA should identify equipment sound levels, potential
off-site impacts, and recommended mitigation measures.
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10.29.20 Where required by the Development Authority, a Noise Mitigation Plan shall identify
specific measures to minimize off-site noise impacts, monitoring provisions,
complaint response procedures, and corrective actions if post-operation noise
exceeds modelled levels.
10.29.21 The Development Authority may require submission of an Air Quality or Emissions
Assessment and/or Nuisance Mitigation Plan, prepared by a qualified professional,
where:
a. the development includes on-site power generation or backup generators of
significant capacity; or
b. generators are proposed for non-emergency operation or extended operation.
The assessment shall identify potential emissions and mitigation measures to
minimize impacts and demonstrate compliance with applicable provincial
standards and Alberta Environment and Protected Areas (AEPA)regulations.
Development Authority Discretion
10.29.22 The Development Authority may impose additional conditions, or refuse a
discretionary use application in accordance with Section 5.5 of this Bylaw, if:
a. the development is inadequately serviced by water, sewage, drainage, or other
utilities including electrical supply; or
b. the development is expected to generate nuisance factors such as noise, odour,
dust, smoke, heat, light, vibration, pollution, or an unsightly appearance--that
may adversely affect adjacent or surrounding lands and cannot be reasonably
mitigated.
Application Requirements
10.29.23 A Development Permit application for a Data Processing Facility shall include the
following information, to the satisfaction of the Development Authority:
Sight Information
a. A detailed Site Plan showing:
i.
the entire parcel layout, with north oriented at the top of the page;
ii. all roads used for construction, access, and egress;
iii. all existing structures, proposed, and temporary or non-permanent,
including sea-cans, ventilation stacks, racking or framing structures,
screening, fencing, exterior lighting, and any equipment for energy
production or utilities;
iv. locations of landscaping features, outdoor storage, and parking areas
v. all setbacks from property lines and the proximity of structures or uses
on the site, adjacent properties, and any residential uses on
neighbouring parcels.
vi. identification of any sensitive, environmental, or topographical features
present on the parcel.
b. Elevation Drawings and Floor Plans of all proposed buildings.
Servicing and Power
c. A detailed operational summary including:
i.
Anticipated total power demand (MW) at full build out.
ii. Source(s) of power.
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iii. Description of back-up power generation systems (capacity, fuel type,
emission control equipment, stack height, maintenance schedule).
iv. Amount of power being exported to the grid (if any).
v. The number servers and equipment on site.
vi. Detailed description and operation of cooling system.
vii. Number of employees.
viii. Hours of Operation.
ix. Traffic and parking data
x. Outside storage requirements
d. Copies of any provincial approvals OR proof of exemption of provincial approval..
e. A letter of intent to supply and capacity confirmation from the power utility
provider.
f. A Noise Impact Assessment (NIA) prepared by a qualified professional in
accordance the AUC Rule 012 - Noise Control.
g. Water, wastewater and stormwater servicing details, including total water use
and purpose. Approval from the water utility provider may be required.
h. Documentation confirming electrical supply arrangements, including either a
grid interconnection agreement or AESO study, AUC approvals, or proof of own-
use exemption.
i.
Written verification from the electrical service provider confirming that projected
electrical consumption can be accommodated and that supply infrastructure is
adequately sized.
Environmental and Safety Plans
j.
A Lighting Plan in compliance with the Foothills County Dark Sky Policy.
k. A Landscaping and Screening Plan, in accordance with applicable County
standards, including the County's Screening Standards and, where applicable,
the Highway 2A Industrial Corridor Design Guidelines.
l.
An Emergency Response Plan prepared by a qualified professional and
approved by the County's Emergency Management Department.
m. A Decommissioning Plan and site reclamation in the event the use ceases.
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PART 5 OVERLAY DISTRICTS
SECTION 11 OVERLAY DISTRICTS
11.1 2013 FLOOD HAZARD PROTECTION OVERLAY
PURPOSE AND INTENT
The general purpose of this section is to provide for the safe and efficient use of lands
within the floodway and flood fringe of all the rivers, streams, creeks, and waterways as they
are defined under the Alberta Environment's Flood Hazard Identification Program, as well as
the areas impacted by June 2013 flood event within the Foothills County.
The intent of this section is to discourage new development on lands subject to flooding and
achieve the long term goal of maintaining and decreasing the overall density of
development on lands that may be subject to flooding.
APPLICATIONS
11.1.2.1
The provisions of this section shall apply to the following areas of the County:
Areas within floodway;
Areas within flood fringe;
Areas impacted by June 2013 flood event.
See below for definitions and in Section 2.5 "Definitions" of this bylaw for more information.
The areas within floodway and flood fringe can be viewed at Alberta Environment web site:
(https://floods.alberta.ca/)
11.1.2.2
The areas impacted by June 2013 flood event can be viewed in Map A and are subject to
this overlay district.
11.1.2.3
In the Flood Hazard Protection Overlay, the permitted and discretionary uses listed in the
land use district in which the site is located shall continue to apply if supported by
engineering and technical studies and meet all applicable development requirements.
11.1.2.4
Where provisions of the Flood Hazard Protection Overlay appear to be in conflict with the
regulations of the land use district, the provisions of the overlay shall take precedence
and be applied in addition to the regulations of the district.
DEVELOPMENT REQUIREMENTS
11.1.3.1
A Development permit is required for all permitted and discretionary uses and activities
within the Flood Hazard Protection Overlay.
11.1.3.2
Notwithstanding Section 11.1.3.1, no development permit is required for a detached
accessory building having an area of 20.8 sq.m. (224 sq. ft.) or less in size in accordance
with Section 4.2.1.7.
11.1.3.3
The Approving Authority may issue a signed waiver to allow for development on a site
without the requirements of a Development Permit in accordance with Section 4.2.1 of
the Land Use Bylaw, where the landowner/applicant can provide proof that the
development is located outside of the designated Flood Hazard Protection Overlay area
on the property.
FHP
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11.1.3.4
For new development proposed within the floodway, proof must be provided that no other
lands are available to locate the development within the lot. Should other lands be
available on the lot that are outside of the floodway, new development within the floodway
will not be permitted.
11.1.3.5
Development may be permitted in areas identified as Lands impacted by the 2013 Flood
Event on Map A, if proof is submitted to the satisfaction of the Approving Authority, that
the land subject to the proposed development was not impacted in any way by the June
2013 flood event.
11.1.3.6
Development may be permitted in the Flood Hazard Protection Overlay at the discretion
of the Approving Authority based on the following plans, studies and information which
are certified by a qualified and registered professional engineer:
Appropriate engineering and technical studies supporting development safely within
the Flood Hazard Protection Overlay area will be required at the time of development
permit application;
An application for a development permit, accompanied by detailed drainage studies
and plans drawn to metric scale showing the nature, location, dimensions, elevation
of the site and the location of existing or proposed structures, fill, storage of materials,
and drainage facilities;
Any structure proposed including habitable rooms, electrical panels and heating units
and operable windows will be flood-proofed where required, as specified in the
applicable Building Code;
Information on grade elevation in relation to the 1:100 year flood elevation and/or
the elevation of the 2013 flood event;
Canadian Mortgage and Housing Corporation guidelines for building in flood
susceptible areas;
Basement drainage; and/or
Site drainage.
11.1.3.7
The Approving Authority may refer to Alberta Environment, for comment on any
development permit application for development within the flood hazard area.
11.1.3.8
The Approving Authority shall not issue a development permit until it is satisfied through
the submission of engineering reports that adequate flood proofing exists.
11.1.3.9
The Approving Authority shall permit minor renovations and repairs to an existing building,
whether structural or not, in the flood fringe without requiring the flood proofing of a
building.
11.1.3.10 All mechanical and electrical equipment within a building shall be located at or above the
designed flood level.
11.1.3.11 Basements shall be discouraged in new buildings within the flood fringe, floodway and on
lands impacted by 2013 Flood, unless they are flood proofed to the satisfaction of the
Approving Authority.
11.1.3.12 Within the Flood Hazard Protection Overlay Area, no inside or outside storage of
chemicals, explosives, flammable liquids, toxic or waste materials that cannot readily
removed in the event of a flood shall be allowed.
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FLOOD HAZARD WARNING AND DISCLAIMER OF LIABILITY
11.1.4.1
The degree of flood protection intended to be provided by this section is considered
reasonable for regulatory purposes and is based on historical records and engineering
and scientific methods of study for river and lakeshore settings. Larger floods may occur,
or the flood height may be increased by man-made or natural causes, such as ice jams
and bridge openings restricted by debris. This section does not imply that areas outside
the floodway and flood fringe boundaries will always be totally free from flooding or flood
damages, nor shall this section create a liability on the part of or be a cause of action
against the Foothills County or any officer or employee thereof for any flood damages that
result from the reliance on this section.
11.1.4.2
Map A titled Lands Impacted by the 2013 Flood Event shows the outside perimeter of the
2013 flood affected areas based on all information that the Foothills County has
available. The area identified as Lands Impacted by the 2013 Flood Event on this map
may be amended if landowners submit adequate proof to the satisfaction of the Approving
Authority that their land was not impacted by the June 2013 flood.
DEFINITIONS
Designed Flood Level: is the flood level that is used to delineate the flood limits. For Alberta's
Flood Hazard Identification Program, the minimum frequency would be 1:100 year return period
flood calculated at the time of the study. The design flood may also be a historical open water
and ice jam flood.
Flood Hazard Area: The total area flooded by a 1:100 year flood. It is usually divided into
floodway and flood fringe zones.
Floodway: The portion of the flood hazard area where flows are deepest, fastest, and most
destructive. Floodway is described in the Alberta Environment's Flood Hazard Identification
Program (http://www.alberta.ca/final-flood-maps.aspx).
Flood Fringe: Floodwater in the flood fringe is generally shallower and flows more slowly than in
the floodway. Flood fringe is the outer portion of the flood hazard area. Flood fringe is described
in the Alberta Environment's Flood Hazard Identification Program (http://www.alberta.ca/final-
flood-maps.aspx).
Flood Proofing: With respect to a building or building extension, a design, manner of
construction or siting thereof for the purpose of preventing damage by floods of a specified
magnitude.
Lands impacted by 2013 Flood Event: are those lands which the County identifies were
impacted by flooding on June 20th, 2013. These lands may or may not be within the flood
hazard area. Some of these lands may only have been partially flooded or minimally impacted,
while some may have been significantly impacted.
Flood Hazard Protection Overlay area or Lands Subject to Flooding are those lands included
within one or all of the following areas:
Floodway;
Flood Fringe; or
Lands impacted by 2013 Flood Event.
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MAP A - LANDS IMPACTED BY 2013 FLOOD EVENT
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11.2 AIRPORT PROTECTION OVERLAY
PURPOSE AND INTENT
The purpose and intent of the Airport Protection Overlay is to protect the Foothills Regional
Airport from uses that may impact its continued safe operation. This will be accomplished
by regulating development that pierces one of the Obstacle Limitation Surfaces and by
limiting uses that may unduly create dust, smoke, steam, glare, electronic interference, or
attract birds, within the Airport Protection Overlay area as defined in Section 11.2.2.1.
APPLICATIONS
11.2.2.1
The provisions of this section shall apply to the following areas of the municipality:
Lands within the Outer Surface Area as illustrated in Appendix A and described as:
i.
lands within 4000 meters from the designated aerodrome reference point(s) of
the Foothills Regional Airport;
Lands within the Take-off / Approach Areas and Surfaces as illustrated in Appendix A
and described as lands under the Take-off / Approach Surfaces described as follows:
i.
Commencing at and abutting the end of the Basic Strip;
ii.
Rising at a slope ratio of 1:30 (3.33%) measured from the end of the Basic Strip;
iii. Diverging outward on each side as it rises, at a slope ratio of 1:10 measured
from respective projected lateral limits of the Basic Strip; and
iv. Ending at its intersection with the Outer Surface.
Lands within the Transitional Area and Surfaces as illustrated in Appendix A and
described as the lands under the Transitional Surfaces described as follows:
i.
Commencing at and abutting the lateral limit of the Basic Strip;
ii.
Rising at a slope ratio of 1:7 (14.3%) measured from the lateral limit of the Basic
Strip, and
iii. Ending at its intersection with the Outer Surface or a Take-Off/ Approach Surface.
Together the Outer Surface, Take-off / Approach Surfaces, and Transitional Surfaces,
excluding those lands that are within 4000 metres of the designated aerodrome
reference point(s) but are outside of the jurisdiction of Foothills County, is established as
the Airport Protection Overlay.
11.2.2.2
The airport reference point elevation for the Foothills Regional Airport is deemed to be at
1050.65 metres (3447 ft.) above sea level;
11.2.2.3
The Basic Strip portion of the main (east-west) runway at the Foothills Regional Airport
shall be assumed to be an area 90 metres (295 ft.) in width and 1265 metres (4150 ft.)
in length.
11.2.2.4
The Basic Strip portion of the north-south runway at the Foothills Regional Airport shall be
assumed to be an area 90 metres (295 ft.) in width and 1036.3 metres (3400 ft.) in
length.
11.2.2.5
The lands within the Airport Protection Overlay area are approximately shown in Appendix
A - Airport Protection Overlay. Any discrepancy between Appendix A and as described
under policy 11.2.2.1 shall see those provisions as established within policy 11.2.2.1
deemed as precedence.
APP
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11.2.2.6
In the Airport Protection Overlay, the permitted and discretionary uses and all other
requirements listed in the land use district in which the site is located shall continue to
apply so far as they are not in conflict with the provisions of the Airport Protection Overlay.
11.2.2.7
Where provisions of the Airport Protection Overlay appear to be in conflict with the
regulations of the land use district, the provisions of the Airport Protection Overlay shall
take precedence and be applied in addition to the regulations of the land use district.
11.2.2.8
For lands that fall within the Outer Surface but do not fall within the jurisdiction of Foothills
County and are therefore not regulated by this Land Use Bylaw, the County shall
communicate with the other jurisdiction regarding potential impacts to the Airport
operation utilizing the referral processes laid out in the current Intermunicipal
Development Plan.
GENERAL REQUIREMENTS
11.2.3.1
In determining whether a proposed development meets all the provisions of this district,
the Development Authority may consult Transport Canada, NavCanada, Alberta
Infrastructure, and other competent authorities, and shall be guided by any comments
provided.
Transport Canada regulates the use and control of lands in proximity to airports where there is
an Airport Zoning Regulation made pursuant to the Act through TP1247 - Aviation - Land Use
in the Vicinity of Aerodromes, which defines an outer surface obstruction zone. This zone
protects aircraft conducting a circling procedure or maneuvering in the vicinity of an aerodrome,
by restricting obstructive development (such as the erection of new structures). The zone is
defined in TP 1247 as a 4000m radius around the centre of the runway and 45m above the
assigned runway elevation. In cases where no Airport Zoning Regulation exists (as with the
Foothills Regional Airport) cooperation of provincial / municipal governments is sought to
protect this area.
DEVELOPMENT REQUIREMENTS
11.2.4.1
Development within the Airport Protection Overlay shall not create excessive smoke, dust,
fumes, fog, glare or any other condition that would in the opinion of the Development
Authority reduce visibility for air traffic.
11.2.4.2
Not withstanding Section 4.2, a Development Permit is required for all permitted and
discretionary uses where the height restriction of the Obstacle Limitation Surfaces is
within 12 metres (39.37 ft.) from the ground elevation at the location of the proposed
development, as illustrated on Appendix B of this schedule.
11.2.4.3
Notwithstanding Section 4.2.1.15, a Development Permit is required for all amateur radio
antennas or internet towers in the Airport Protection Overlay.
11.2.4.4
Notwithstanding Section 4.2.1.16, a Development Permit is required for all wind energy
conversion systems for domestic and/or agricultural uses in the Airport Protection
Overlay.
11.2.4.5
Notwithstanding Section 4.2.1.18, a Development Permit is required for any solar power
equipment installations for personal household and/or agricultural use which may result
in the installation height piercing the Obstacle Limitation Surfaces when positioned at its
highest proposed angle.
11.2.4.6
Notwithstanding Section 4.2.1.34, a Development permit is required for lot grading which
may result in elevated areas of ground that exceed 1095.65 metres above sea level or
may create excessive dust.
This is the height above which alterations to the Outer Surface would need to be made to
maintain the minimum 9m height above grade.
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11.2.4.7
The Approving Authority may issue a signed waiver to allow for development on a site
without the requirements of a Development Permit in accordance with Section 4.2.1 of
the Land Use Bylaw, where the landowner/applicant can provide proof that the maximum
height of the proposed development will not intersect any Obstacle Limitation Surfaces,
or create excessive smoke, dust, fumes, fog, glare, or any other condition that would in
the opinion of the Approving Authority reduce visibility for air traffic.
11.2.4.8
For development permit applications within the Airport Protection Overlay, the heights and
locations of all proposed buildings and structures must be provided to the Development
Authority including temporary structures and/or details regarding construction equipment
which may be required during construction, including but not limited to cranes, booms,
lighting mast/tower, temporary telecommunication tower, pile driver, and well drilling
equipment.
RESTRICTIONS
11.2.5.1
No person shall place, erect or construct, or permit the placement, erection or
construction of any building, development, structure, or object that exceeds the height
limitations of the Obstacle Limitation Surfaces, as illustrated on Appendix A of this
schedule, unless appropriate municipal and/or provincial and/or federal approval(s) are
first obtained.
11.2.5.2
No development shall be approved in the Outer Surface Area if it intersects the Outer
Surface, unless it has been determined by Foothills County, Transport Canada, and/or
Nav Canada that it will not create a negative impact on the safe and efficient operation of
the airport.
11.2.5.3
No person shall permit an Object of Natural Growth within the Airport Protection Area to
exceed the height limitation of the Obstacle Limitation Surfaces, as shown on Appendix A
of this schedule.
In accordance with Section 901.47 and 901.73 of the Canadian Aviation Regulations respecting
remotely piloted aircraft, no person shall operate a model aircraft, including an unmanned
aircraft commonly known as a drone within the Airport Protection Overlay unless the operation is
conducted in accordance with the established procedure with respect to the use of remotely
piloted aircraft systems applicable to the airport.
Canada Innovation, Science and Economic Development (ISED) has full authority for regulating
radio communication in Canada and for authorizing the location radio communication facilities,
including communication towers.
Any applications for Wind Energy Conversion System for use other than personal
domestic/agricultural purposes, and application for Solar Power Systems, Commercial, require
approval from Alberta Utility Commission (AUC) and from Foothills County through land use
amendment or redesignation.
DEFINITIONS
(Additional Definitions can be found under Section 18.5 - Direct Control District #5)
AIRPORT REFERENCE POINT ELEVATION means the lowest threshold elevation point of the
runway.
OBJECT OF NATURAL GROWTH means natural vegetation including trees and shrubs.
OBSTACLE LIMITATION SURFACES means a series of surfaces that set the height limits for
structures or objects around an aerodrome. In Canada these surfaces include the Outer
Surface, the Take-off / Approach Surfaces, and the Transitional Surfaces.
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OUTER SURFACE means an imaginary circular-shaped surface, with a radius of 4000m (4km)
measured from the designated aerodrome reference point(s), which is located 45m above the
assigned reference point elevation of the airport.
TAKE-OFF / APPROACH SURFACES means the inclined plane abutting the end of each runway
which is the width of the runway at its beginning and angles out at 10 degrees from the lateral
extension of the basic strip. It ends at its intersection with the Outer Surface.
TRANSITIONAL SURFACES means the complex surface along the sides of the runway strip that
runs parallel to the approach surface that slopes up to the outer surface.
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APPENDIX A - AIRPORT PROTECTION OVERLAY
Transitional Surfaces
Take-off / Approach
Surfaces
Outer Surface
TOWN OF HIGH RIVER
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APPENDIX B - OBSTACLE LIMITATION SURFACES: HEIGHT RESTRICTION MAP
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LAND USE DISTRICTS
SECTION 12 AGRICUTURAL DISTRICTS
12.1 AGRICULTURAL DISTRICT
PURPOSE AND INTENT
To promote a wide range of agricultural land uses that encourage growth, diversification and
development of the agricultural industry while having regard for the agricultural value and
rural character of the area consistent with the policies outlined in the Municipal
Development Plan.
SUB-DISTRICT
12.1.2.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference Section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
GENERAL REQUIREMENTS:
12.1.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
12.1.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
A
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PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a development
permit
Accessory uses
Agricultural, general
Agricultural specialty
Dugout
Dwelling, single family
*no more than 1 such dwelling is permitted on a
single lot less than 32.4 ha (80 ac) in size.
*no more than 2 such dwellings are permitted on
a single lot 32.4 ha (80 ac) or greater in size.
Dwelling, Mobile Home
*permitted use only on lots 32.4 ha (80 acres) or
greater in size.
Home Based Business Type I
Home Based Business Type II
Home Office
Public Works
Secondary Suite, detached
Secondary suite, principal
Signs not requiring a Development Permit
Solar Power System, Private (Not requiring a
Development Permit)
Temporary storage of up to 5 unoccupied recreation
vehicles
Abattoir, Minor
Accessory buildings requiring a development
permit
Aerodrome/airstrip (private use)
Agricultural intensive use
Agricultural processing and distribution
*does not includes retail sales on the site.
Agricultural support services
*does not includes retail sales on the site.
Animal boarding services
Antenna structures, private
Arena, private
Bed and Breakfast
Family Day Home
Dwelling, Mobile Home
*discretionary use on lots less than 80 acres in
size.
Dwelling, moved on
Dwelling, temporary
Home based business Type III
Intensive vegetation operation
Kennel, private
Lot Grading
Man-made water bodies, private (requiring a
permit).
Signs (requiring a development permit)
Solar Power System, Private (requiring a
Development Permit)
Special Event
Temporary storage of between 6 and 10
unoccupied recreation vehicles
Utility service, minor
LAND USE REQUIREMENTS
12.1.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
12.1.6.2
In order to facilitate the purpose and intent of this district and ensure the sustainability of
agricultural uses within the District, the following applies to applications for subdivision:
Parcel Density:
i.
Number of lots per quarter section or area of land in certificate of title existing
when this bylaw was adopted; or
ii.
The number of lots allowed by bylaw amending this section.
Minimum Parcel Size:
i.
A parcel of land no less than 8.49 Ha (21 acres) in size;
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ii.
That portion of a parcel remaining after approval of a re-designation which
facilitates a subdivision and after the subsequent registration of said subdivision
reduces the area of the parent parcel to a size of 21 acres or greater in size; or
iii. The area in title at the time of passage of this Bylaw.
Maximum Parcel size:
i.
None.
12.1.6.3
Required Developable Area:
In accordance with Section 9.8 of this Bylaw.
12.1.6.4
Utility Servicing Criteria
Individual wells and individual wastewater disposal systems;
Communal water and communal wastewater disposal systems;
A combination of a. and b. as determined by Bylaw amending this section.
DEVELOPMENT REQUIREMENTS
12.1.7.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
12.1.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary
in accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
12.1.7.3
Minimum Yard Setback Requirements
Front Yard Setbacks:
i.
15m (49.21 ft.) from the right of way of an internal subdivision road.
ii.
48m (157.48 ft.) from the centreline of a Municipal road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setbacks:
i.
15m (49.21 ft.) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft.) from the property line.
In addition, if the title to a lot is subject to a caveat in respect of a land dedication or
an agreement for the acquisition of land for road widening purposes, the dedicated
area or area of future road widening shall be considered the future property boundary
for which setback distances set out shall apply.
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12.1.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
12.1.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
12.1.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory Buildings and Arenas:
i.
10.67m (35 ft.)
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
12.1.7.7
Minimum habitable area per dwelling
100 m2 (1,077 sq. ft.)
EXCEPTIONS:
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12.2 AGRICULTURAL BUSINESS DISTRICT
PURPOSE AND INTENT
To provide for a wide range of agricultural-related business, in agricultural areas. Uses
would include primarily agricultural processing, retailing of agricultural products, and
business uses related to agricultural activity while allowing for limited services related to
agriculture.
SUB-DISTRICT
12.2.2.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
GENERAL REQUIREMENTS:
12.2.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
12.2.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit in accordance with
Section 4.2
Accessory use
Agricultural, general
Agricultural specialty
Dugout
Dwelling, single family
*no more than 2 such dwellings are
permitted on a single lot 32.4 ha (80 ac)
or greater in size.
*no more than 1 such dwelling is
permitted on a single lot that is less than
32.4 ha (80 ac) in size
Dwelling, Mobile Home
*permitted use only on lots 32.4 ha (80
acres) or greater in size.
Home Based Business Type I
Home Based Business Type II
Home Office
Secondary Suite, detached
Secondary suite, principal
Public works
Abattoir, minor
Accessory buildings (requiring a development
permit)
Aerodrome/airstrip(private use)
Agricultural intensive use
Agricultural processing and distribution
Agricultural support services
Animal boarding services
Animal care services
Antenna structures, private
Arena, limited public
Arena, private
Auctioneering services
Bed and Breakfast
Campground, minor (accessory to principal use)
Card lock fuel dispensing facility
Commercial school or college
Community services
Contractor, limited
Day camp services
Family Day Home
Dwelling, single family
AB
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PERMITTED USES
DISCRETIONARY USES
Solar Power System, Private (Not requiring a
Development Permit)
Temporary storage of up to 5 unoccupied
recreation vehicles
Utility services, minor
*if in addition to the number of dwellings listed
as permitted on a single lot.
Dwelling, Mobile Home
*discretionary use on lots less than 80 acres in
size.
Dwelling, moved on
Dwelling, temporary (accessory to principal use)
Educational services
Farm equipment sales and service
Guest ranch
Home based business Type III
Intensive vegetation operation
Kennel, private
Lot grading
Man-made water bodies, private requiring a
permit
Manufacturing, light
Natural science exhibits
Outdoor storage (accessory to principal use only)
Public market
Restaurant (as an accessory use, within the main
building)
Retail garden centre
Retail store (as an accessory use, within the main
building)
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Special event
Temporary storage of between 6 and 10
unoccupied recreation vehicles
Tourist information services and facilities
LAND USE REQUIREMENTS
12.2.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
12.2.6.2
In order to facilitate the purpose and intent of this district and ensure the sustainability of
agricultural business uses within the District, the following applies to applications for
subdivision:
Parcel Density:
i.
Number of lots per quarter section or area of land in certificate of title existing
when this bylaw was adopted; or
ii.
The number of lots allowed by bylaw amending this section.
Minimum Parcel Size:
i.
A parcel of land no less than 8.49 Ha (21 acres) in size;
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ii.
That portion of a parcel remaining after approval of a re-designation which
facilitates a subdivision and after the subsequent registration of said subdivision
reduces the area of the parent parcel to a size of 21 acres or greater in size; or
iii. The area in title at the time of passage of this Bylaw.
Maximum Parcel size:
i.
None.
12.2.6.3
Required Developable Area
In accordance with Section 9.8 of this Bylaw.
12.2.6.4
Utility Servicing Criteria
Individual wells and individual wastewater disposal systems;
Communal water and communal wastewater disposal systems;
A combination of a. and b., as determined by Bylaw amending this section.
DEVELOPMENT REQUIREMENTS
12.2.7.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
12.2.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary
in accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
12.2.7.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
15m (49.21 ft) from the right of way of an internal subdivision road;
ii.
48m (157.48 ft) from the centreline of a Municipal road;
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setbacks:
i.
15m (49.21 ft) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft) from the property line.
In addition, if the title to a lot is subject to a caveat in respect of a land dedication or
an agreement for the acquisition of land for road widening purposes, the dedicated
area or area of future road widening shall be considered the future property boundary
for which setback distances set out shall apply.
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12.2.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
12.2.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
12.2.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory Buildings and Arenas;
i.
10.67m (35 ft.)
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft);
12.2.7.7
Minimum habitable area per dwelling
100 m2 (1,077 sq. ft)
EXCEPTIONS:
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SECTION 13 RESIDENTIAL DISTRICTS
13.1 COUNTRY RESIDENTIAL DISTRICT
PURPOSE AND INTENT
To provide for acreage development consistent with the policies outlined in the Municipal
Development Plan.
SUB-DISTRICT
13.1.2.1
Parcels may include the following sub-district in cases where Council feels that there is a
need. Not all parcels will be separated into sub-districts. Should a parcel include the sub-
district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district.
13.1.2.2
Sub-district "A" is a designation added to the land use district indicating a requirement
for special consideration on the development of the site and/or placement and
construction of buildings or structures on the lands through approval of a development
permit. Reference Section 2.4 of this Bylaw for more details on special provisions for
parcels with sub-district "A".
GENERAL REQUIREMENTS:
13.1.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
13.1.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Accessory uses
Agricultural (general)
Dwelling, single family
Home Based Business Type I
Home office
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Temporary storage of no more than 1
unoccupied recreation vehicles (within
Hamlet boundary)
Temporary storage of up to 5 unoccupied
recreation vehicles (outside a Hamlet
boundary)
Public works
Secondary Suite, Principal
Utility services, minor
Accessory buildings requiring a development
permit
Agricultural intensive - on lots 3 acres or more
in size
Agricultural specialty
Antenna structures, private
Arena, private
Bed and Breakfast
Family Day Home
Dugout (for general ag use)
Dwelling, moved on
Dwelling, temporary
Home based business Type II
Home based business Type III
Intensive vegetation operation
Kennels, private
Lot grading
Man-made water bodies, private
Secondary Suites, Detached
Signs requiring a Development Permit
CR
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PERMITTED USES
DISCRETIONARY USES
Solar Power System, Private requiring a
Development Permit
Temporary storage of no more than 2
unoccupied recreation vehicles (within
Hamlet boundary)
LAND USE REQUIREMENTS
13.1.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
13.1.6.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
development of country residential uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Maximum one lot per 2.02 ha (5 acres) of existing land contained under the
same title to a maximum of 32 lots per quarter section.
Minimum Parcel Size:
i.
The area in title at the time of passage of this Bylaw; or
ii.
A parcel of land no less than 0.81 ha (2.0 acres).
Maximum Parcel size:
i.
8.49 ha (20.99 ac); or
ii.
The area in title at the time of passage of this Bylaw.
13.1.6.3
Required Developable Area:
In accordance with Section 9.8 of this Bylaw.
13.1.6.4
Utility Servicing Criteria
Individual wells and individual wastewater disposal systems;
Communal water and communal wastewater disposal systems; or
A combination of a. and b. as determined by Bylaw amending this section.
DEVELOPMENT REQUIREMENTS
13.1.7.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than forty (40) percent of the lot area.
13.1.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite in accordance with Section 10.26,
or one Dwelling, Temporary in accordance with Section 10.26 Secondary Suites and
Section 10.10.
Or as determined by the Approving Authority in accordance with an approved Area
Structure Plan or Outline Plan.
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13.1.7.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater;
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of a Municipal road;
iv. 15m (49.21 ft.) from the right of way of an internal subdivision road.
Side Yard Setbacks:
i.
15m (49.21 ft.) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft.) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 13.1.8 "Exceptions" for any setbacks exemptions that have been
approved by Bylaw.
13.1.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
13.1.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
13.1.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory buildings and arenas:
i.
10.67m (35 ft)
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
13.1.7.7
Minimum habitable area per dwelling
100 m2 (1,077 sq. ft.)
EXCEPTIONS:
Silvertip:
13.1.8.1
Front yard setback: 5m (16.4 ft) from Internal Subdivision Road - Property Line; for those
properties registered under Condominium Plan 0010395 (Silvertip) and having an area
of less than 1.99 acres;
13.1.8.2
Front yard setback: 15m (49.21 ft) from property line adjacent to any Municipal Road; for
those properties registered under Condominium Plan 0010395 (Silvertip);
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13.1.8.3
Side yard setback: 1.5m (4.92 ft) from Property Line; for those properties registered under
Condominium Plan 0010395 (Silvertip) and having an area of less than 1.99 acres;
13.1.8.4
Rear yard setback: Principal Building - 8m (26.25 ft) from Property Line; for those
properties registered under Condominium Plan 0010395 (Silvertip) and having an area
of less than 1.99 acres;
13.1.8.5
Rear yard setback: Accessory Building - 1m (3.28 ft) from Property Line; for those
properties registered under Condominium Plan 0010395 (Silvertip) and having an area
of less than 1.99 acres.
Sirroco:
13.1.8.6
For the following properties within the Sirroco Area Structure Plan: Plan 1311328, Block
1, Lot 6-9, Plan 1311328, Block 2, Lot 1, and Plan 1311328, Block 3, Lot 1:
-
Front yard setback: 5m (16.4 ft.) from the property line;
-
Side yard setback: 1.5m (4.92 ft.) from the property line;
-
Rear yard setback: 8m (26.25 ft.) from the property line for the principle building
and 1m (3.28 ft.) from the property line for any accessory building;
Mazzepa:
13.1.8.7
For the following properties in Mazeppa:
Plan 7893FT, Block A, S 1/2 and N 1/2 (1.38 acres)
Front yard setback:
-
4m (13.12 ft) from the right of way of the municipal road on the west side;
-
15m to the right of way of a municipal road on south side;
Side yard setback: 1.5m (4.92 ft.) from the property line;
Rear yard setback:
-
8m (26.25ft.) from the property line for the principal building;
-
1m (3.28 ft.) from the property line for any accessory building.
Plan 4098EL, Block 1, Lot 2 and Lot 3 & Plan 4098EL Lot 1, (0.35 acres)
Front yard setback: 4m (13.12 ft) from the property line;
Side yard setback: 1.5m (4.92 ft.) from the property line;
Rear yard setback:
-
8m (26.25ft.) from the property line for the principal building;
-
1m (3.28 ft.) from the property line for any accessory building.
Plan 9610255, Lot 4 all within NW 30-19-27-W4 (2.57 acres - 34m strip):
Front yard setback: 15m (49.21 ft) from the property line;
Side yard setback: 1.5m (4.92 ft.) from the property line;
Rear yard setback: 15m (49.21 ft.) from the property line.
NW 30-19-27-W4 (14.06 acres)
Front yard setback: 15m (49.21 ft) from the property line;
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13.2 CLUSTER RESIDENTIAL DISTRICT
PURPOSE AND INTENT
To provide for smaller residential parcels, designed and comprehensively planned to reduce
the development footprint by placing lots close to each other in association with a large
remnant parcel that is not intended to be further subdivided consistent with the policies
outlined in the Municipal Development Plan.
SUB-DISTRICT
13.2.2.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
GENERAL REQUIREMENTS:
13.2.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
13.2.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Accessory uses
Dwelling, single family
Home office
Home based business Type I
Public works
Secondary Suite, Principal
Sign not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Temporary storage of no more than 1
unoccupied recreation vehicles
Utility services, minor
Accessory buildings requiring a development
permit
Antenna structures, private
Bed and Breakfast
Family Day Home
Dwelling, temporary (during construction only)(
Home based business Type II
Kennels, private
Lot grading
Manmade water bodies, private
Dwelling, moved on
Secondary Suite, Detached
Signs requiring a development permit
Solar Power System, Private requiring a
Development Permit
Temporary storage of no more than 2
unoccupied recreation vehicles
CLR
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LAND USE REQUIREMENTS
13.2.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
13.2.6.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
development of cluster residential uses within the district, the following applies to
applications for subdivision:
Parcel Density:
i.
Maximum one lot per 1.62 ha (4 ac) of parent parcel (0.25 gross upa);
Parent Parcel Requirements:
i.
Minimum 16.19 ha (40 acres) where parent parcel size is based on a single
parcel or combined contiguous parcels;
Minimum Parcel Size:
i.
A parcel of land no less than 0.32 ha (0.8 acres); or.
ii.
The area in title at the time of passage of this Bylaw.
Maximum Parcel size:
i.
0.80 ha (1.99 ac)
ii.
The area in title at the time of passage of this Bylaw.
13.2.6.3
Required Developable Area
In accordance with section 9.8 of this bylaw.
13.2.6.4
Utility Servicing Criteria
Communal water and communal wastewater disposal systems; or
An alternate system as determined by Bylaw amending this section.
DEVELOPMENT REQUIREMENTS
13.2.7.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than forty (40) percent of the lot area.
13.2.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel is one Dwelling, Single Family and either
one Dwelling, Secondary Suite in accordance with Section 10.26 or one Dwelling,
Temporary (for construction only) in accordance with Section 10.10.
Or as determined by the Approving Authority in accordance with an approved Area
Structure Plan or Outline Plan.
13.2.7.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater;
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of a Municipal road;
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iv. 5m (16.40 ft) from internal subdivision road - property line;
v.
4m (13.12 ft) from the right of way of a municipal road located within a Hamlet;
Side Yard Setbacks:
i.
5m (16.40 ft) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 13.2.8 "Exceptions" for any setbacks exemptions that have been
approved by Bylaw.
See Section 9.27.9 through 9.27.12 for additional provisions regarding setbacks
pertaining to parcels with two frontages.
13.2.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
13.2.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
13.2.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft)
Accessory Buildings:
i.
10.67m (35 ft)
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft);
13.2.7.7
Minimum habitable area per dwelling
100 m2 (1,077 sq. ft)
EXCEPTIONS:
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13.3 COUNTRY ESTATE RESIDENTIAL DISTRICT
PURPOSE AND INTENT
To provide for a higher density communally serviced residential development located within
Hamlets or as part of comprehensively planned developments in accordance with an Area
Structure Plan or Outline Plan, consistent with the policies outlined in the Municipal
Development Plan.
SUB-DISTRICT
13.3.2.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
GENERAL REQUIREMENTS:
13.3.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
13.3.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a development
permit
Accessory uses
Dwelling, single family
Home based business Type I
Home office
Sign not requiring a development permit
Temporary storage of one (1) recreational
vehicle
Public works
Secondary Suite, Principal
Solar Power System, Private (Not requiring a
Development Permit)
Utility servicing, minor
Accessory buildings requiring a development
permit
Antenna structures, private
Bed and Breakfast
Family Day Home
Dwelling, semi detached
Dwelling, temporary (during construction only)
Home based business Type II
Kennels, private
Lot grading
Manmade water bodies, private
Secondary Suite, Detached
Signs requiring a development permit
Solar Power System, Private requiring a
Development Permit
Temporary storage of up to 2 unoccupied
recreation vehicles
CER
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LAND USE REQUIREMENTS
13.3.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
13.3.6.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
development of country estate residential uses within the district, the following applies to
applications for subdivision:
Parcel Density:
i.
Minimum 1 unit per 4 acres (0.25 gross upa);
ii.
Maximum 5 units per acre (5 gross upa).
Minimum Parcel Size:
i.
The area in title at the time of passage of this Bylaw.
Dwelling, single family:
ii.
464m2 (0.11 acres) for lots serviced by communal water and communal
wastewater disposal systems accommodating a dwelling, single family;
iii. 3237.6m2 (0.8 ac) for lots serviced by a communal water system, and an
advanced package sewage treatment system accommodating a dwelling, single
family.
Dwelling, semi-detached:
iv. As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan; or
Maximum Parcel size:
i.
0.80 ha (1.99 ac) unless the lot forms part of a condominium plan; or
ii.
The area in title at the time of passage of this Bylaw.
13.3.6.3
Required Developable Area
In accordance with Section 9.8 of the bylaw.
13.3.6.4
Utility Servicing Criteria
Communal water and communal wastewater disposal systems; or
A communal water system, and an advanced package sewage treatment system;
An alternate system as determined by Bylaw amending this section in accordance
with an adopted Area Structure Plan or outline plan.
DEVELOPMENT REQUIREMENTS
13.3.7.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than 50 percent of the lot area.
13.3.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel is one Dwelling, Single Family, and either
one Dwelling Secondary Suite in accordance with Section 10.26 or one Dwelling,
Temporary (for construction purposes only) in accordance with Section 10.10.
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Or as determined by the Approving Authority in accordance with an approved Area
Structure Plan or Outline Plan.
13.3.7.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater;
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of a Municipal road;
iv. 5m (16.40 ft) from internal subdivision road - property line;
v.
4m (13.12 ft) from the right of way of a municipal road located within a hamlet.
Side Yard Setbacks:
i.
1.5m (4.92 ft) from the property line for parcels 3237.6m2 (0.80 acres) and
smaller in size; or
ii.
15m (49.21 ft) from the property line for parcels greater than 3237.6 m2 (0.80
acres) in size;
iii. Notwithstanding sub-section 13.3.7.2 (b)(ii), the side yard setbacks do not apply
to the common wall side of a structure where a common wall exists.
Rear Yard Setbacks:
Parcels 3237.6m2 (0.80 acres) or smaller:
i.
Principal Building - 8m (26.25 ft) from the property line;
ii.
Accessory Building - 1m (3.28 ft) from the property line; and
Parcels larger than 3237.6m2 (0.80 acres)
iii. 15m (49.21 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 13.3.8 "Exceptions" for any setbacks exemptions that have been
approved by Bylaw for particular developments.
See Section 9.27.9 through 9.27.12 for additional provisions regarding setbacks
pertaining to parcels with two frontages.
13.3.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
13.3.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
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13.3.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft)
Accessory Buildings:
i.
10.67m (35 ft)
13.3.7.7
Minimum habitable area per dwelling
100 m2 (1,077 sq. ft)
EXCEPTIONS:
Green Haven Estates Development
13.3.8.1
Front yard setback of 8m (26.25 ft) from the property line for those properties fronting
48th Street East for all lots in Phase 4 as shown on Plan 2610508.
13.3.8.2
Front yard setback of 4m (13.12 ft) from the property line for properties fronting an
internal subdivision road for all lots in Phase 4 as shown on Plan 2610508.
13.3.8.3
Front yard setback of 4m (13.12 ft) from property line for those properties fronting an
internal subdivision road for all lots in Phase 5 as shown on Plan 2610321.
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13.4 RESIDENTIAL COMMUNITY DISTRICT
PURPOSE AND INTENT
To provide for municipally or communally serviced residential development located within
Hamlet boundaries and/or in comprehensively planned developments outside of Hamlet
boundaries, where supported by an adopted area structure plan and/or outline plan,
consistent with the policies outlined in the Municipal Development Plan. This District was
formerly named Hamlet Residential District and Residential District and includes all lands
previously zoned as such in the County.
SUB-DISTRICT
13.4.2.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference Section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
GENERAL REQUIREMENTS:
13.4.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
13.4.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Accessory uses
Dwelling, Attached (where contemplated in an
approved ASP)
Dwelling single family
Home office
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Temporary storage of one (1) recreational
vehicle
Utility services, minor
Accessory buildings requiring a development
permit
Antenna structures, private
Bed and Breakfast
Family Day Home
Dwelling, Attached
Dwelling, moved on
Home based business Type I
Home based business Type II
Kennels, private
Lot grading
Manmade water bodies, private
Secondary Suite, Principal
Secondary Suite, Detached
Signs requiring a development permit
Solar Power System, Private requiring a
Development Permit
RC
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Temporary storage of up to 2 unoccupied
recreation vehicles
LAND USE REQUIREMENTS
13.4.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
13.4.6.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
development of Residential Community uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Minimum 3 gross units per acre (3 gross upa);
ii.
Maximum 10 gross units per acre (10 gross upa).
Minimum Parcel Size:
i.
464m2 (0.11 acres);
ii.
The area in title at the time of passage of this Bylaw.
Maximum Parcel size:
i.
0.32 ha (0.80 ac) unless the lot forms part of a condominium plan; or
ii.
The area in title at the time of passage of this Bylaw.
13.4.6.3
Required Developable Area:
In accordance with Section 9.8 of this Bylaw.
13.4.6.4
Utility Servicing Criteria
Communal water and communal wastewater disposal systems;
DEVELOPMENT REQUIREMENTS
13.4.7.1
Maximum Lot Coverage:
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than 50 percent of the lot area.
13.4.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel is one Dwelling, Single Family in
accordance with Section 10.10, and one Dwelling, Secondary Suite in accordance
with Section 10.26.
Or as determined by the Approving Authority in accordance with an approved Area
Structure Plan or Outline Plan.
13.4.7.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater;
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of a Municipal road;
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iv. 15m (49.21 ft) from internal subdivision road outside of a hamlet boundary;
v.
4m (13.12 ft) from the right of way of a municipal road or internal subdivision
road located within a hamlet boundary.
Side Yard Setbacks:
i.
1.5m (4.92 ft) from the property line.
ii.
Notwithstanding sub-section 13.4.7.3 (b)(i), the side yard setbacks do not apply
to the common wall side of a structure where a common wall exists
Rear Yard Setbacks:
i.
Principal Building - 8m (26.25 ft) from the property line;
ii.
Accessory Building - 1m (3.28 ft.) from the property line; and
iii. Decks and associated staircases (steps) may project into the rear yard setback
to a maximum of 1.5m (4.92 ft.);
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 13.4.8 "Exceptions" for any setbacks exemptions that have been
approved by Bylaw for particular developments.
See Section 9.27.9 through 9.27.12 for additional provisions regarding setbacks
pertaining to parcels with two frontages.
13.4.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.;
13.4.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
13.4.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory Buildings:
i.
10.67m (35 ft.)
Radio antennas, internet towers and wind turbines
i.
16m (52.49 ft.);
13.4.7.7
Minimum habitable area per dwelling
i.
84 sq. m. (904.20 sq. ft.)
EXCEPTIONS:
13.4.8.1
Secondary Suites are not permitted on any lot with the hamlets of Heritage Pointe or
Priddis Greens.
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Heritage Pointe Development:
13.4.8.2
Front yard setbacks: 4m (13.12 ft.) from the property line adjacent to the internal road for
all residential properties under the Heritage Pointe Area Structure Plan;
13.4.8.3
Front yard setback of 1.0 metre from the property line for lots fronting the major east-west
collector road.
13.4.8.4
Front Yard setbacks: relaxation of up to 90% on front yard setbacks for corner lots for
those properties under the Heritage Pointe Area Structure Plan;
13.4.8.5
Rear yard setbacks: 3m (9.84 ft.) from the property line, only on those lots located on
"Ravine Drive" in Heritage Pointe in accordance with Bylaw 805 including the CRR49
District amendments from 1986;
13.4.8.6
Rear yard setbacks: 1.5 meter encroachment into regular rear yard setbacks
requirements for above grade decks; for those properties within Heritage Pointe Area
Structure Plan area;
13.4.8.7
Bareland Condominium Units on "Ravine Drive" in Heritage Pointe shall be no less than
3.048m (10 ft.) between buildings;
13.4.8.8
Dwelling, attached is a Discretionary Use only on parcels along "Ravine Drive" in Heritage
Pointe;
13.4.8.9
A garage up to 50% of the dwelling size (provided that the garage does not exceed a
maximum of 2,400 sq. ft.) split into two different structures, either attached or detached
from the residence is permitted on parcels that are located on lands within the Heritage
Pointe Area Structure Plan.
See Section 13.4.8.1 - Secondary Suites are not permitted on any lot with the Hamlet of Heritage
Pointe.
Heritage Pointe Stage 3 - Artesia Development:
13.4.8.10 Front yard setbacks: 4m (13.12 ft.) from the property line adjacent to the internal road;
for those properties within the Heritage Pointe Stage 3 Area Structure Plan area - Artesia;
13.4.8.11 Side Yard setbacks: relaxation of up to 90% on side yard setbacks on corner lots provided
the front yard is designated by the developer for those properties within Heritage Pointe
Stage 3 Area Structure Plan area - Artesia;
13.4.8.12 Rear yard setbacks: 1.5m encroachment into regular rear yard setbacks requirements for
above grade decks; for those properties within Heritage Pointe Stage 3 Area Structure
Plan area - Artesia;
13.4.8.13 Maximum Height Requirement: relaxation of the maximum height requirements for all
buildings to 12m within Heritage Pointe Stage 3 Area Structure Plan area - Artesia;
13.4.8.14 Dwelling, attached is a discretionary use on parcels along "Artesia Gate" "Spring Water
Bay, and "Spring Water Close" in Heritage Pointe Stage 3 - Artesia
13.4.8.15 A garage up to 50% of the dwelling size (provided that the garage does not exceed a
maximum of 2,400 sq. ft.) split into two different structures, either attached or detached
from the residence is permitted on parcels that are located on lands within the Heritage
Pointe Stage 3 - Artesia Area Structure Plan.
See Section 13.4.8.1 - Secondary Suites are not permitted on any lot with the Hamlet of Heritage
Pointe which includes Artesia Development.
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Green Haven Estates Development:
13.4.8.16 Front yard setbacks: 8m (26.25 ft.) from property line adjacent to 48th St. E; for those
properties registered as Plan 1210671, Block 3, Lots 3 - 5, Plan 1510636, Block 6, Lot
1 and Plan 2511078, Block 8, Lots 38 - 43 and 45MR;
13.4.8.17 Front yard setbacks: 4m (13.12 ft.) from the property line adjacent to Green Haven Drive
and 100 Green Haven Court; for those properties registered as Plan 1210671, Block 3,
Lots 3 - 5;
13.4.8.18
Front yard setbacks: 4m (13.12 ft.) from the property line adjacent to the internal roads;
for those properties within Phase 2 and Phase 3 of the Green Haven Estates Area
Structure Plan and for those properties in Phase 4 and Phase 5 of the Green Haven
Estates Area Structure Plan Amendment;
13.4.8.19 Lots within Green Haven Estates may range in size from 0.81 acres (0.33 ha) to 2.54
acres (1.03 ha.), in accordance with the Green Haven Estates Area Structure Plan;
Priddis Greens Development:
13.4.8.20 Dwelling, attached is a Discretionary Use only on parcels Priddis Greens in SE 30-22-03-
W5 consisting of the following plans:
Located on Sunset Way: Units 1 - 4 in the following plan numbers:
9010223, 8910127, 8910128, 8910356, 8910538, 8911028, 9010222, 9011301,
9011856, 9012391, 9110935, 9012392, 9011855, 9010650, 9010780, 89114631,
8910665.
Located on Sunrise Way: Units 1 - 4 in the following plan numbers:
8810478, 8811193, 8810198, 8711262, 8810237, 8810019, 8711609, 8810236,
8811193.
13.4.8.21 A garage up to 50% of the dwelling size (provided that the garage does not exceed a
maximum of 2,400 sq. ft.) split into two different structures, either attached or detached
from the residence is permitted on parcels that are located on lands within Priddis Greens.
See Section 13.4.8.1 - Secondary Suites are not permitted on any lot with the Hamlet of Priddis Greens.
Hawks Landing:
13.4.8.22 A garage up to 50% of the dwelling size (provided that the garage does not exceed a
maximum of 2,400 sq. ft.) split into two different structures, either attached or detached
from the residence is permitted on parcels that are located on lands within the Hawks
Landing Area Structure Plan.
13.4.8.23 Setback: 8m (26.25 ft.) from the undeveloped road allowance right of way on the west
side3 of the development located on Plan 0713569, Block 4, Lots 59-62 & Plan
0410490, Block 4, Lot 1
See Section 13.4.8.1 - Secondary Suites are not permitted on any lot with the Hamlet of Priddis Greens
which includes the Hawks Landing development.
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Cottonwood Development:
13.4.8.24 Dwelling, attached is a Discretionary Use only on parcels in S.E. 07-22-28-W4 along
"Cottonwood Boulevard" in Cottonwood, consisting of Plan 0112316, Units 1-4, Plan
9212354, Units 1-4, and Plan 9410836, Units 1-4.
Hamlet of Naphtha
13.4.8.25 Front yard setbacks on lots within the boundaries of the Hamlet of Naphtha are reduced
to 15m from the right of way of Highway #22.
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13.5 RESIDENTIAL MULTI-FAMILY DISTRICT
PURPOSE AND INTENT
To provide for multi-family residential development located in Hamlets and
comprehensively planned developments where there are approved area structure plans
and/or outline plans consistent with the policies outlined in the Municipal Development
Plan.
SUB-DISTRICT
13.5.2.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
GENERAL REQUIREMENTS:
13.5.3.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
13.5.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Dwelling, duplex
Dwelling, semi-detached
Home office
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Temporary storage of one (1) recreational
vehicle
Utility services, minor
Accessory buildings requiring a development
permit
Antenna structures, private
Bed and Breakfast
Family Day Home
Dwelling, Four-plex
Dwelling, moved on
Dwelling, townhouse
Home based business Type I
Home based business Type II
Lot grading
Manmade water bodies, private
Signs requiring a development permit
Solar Power System, Private requiring a
Development Permit
LAND USE REQUIREMENTS
13.5.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
RMF
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13.5.6.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
development of multi-family residential uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Maximum 10 gross units per acre (10 gross upa); or
Minimum Parcel Size:
i.
As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan; or
ii.
The area on title at the time of passage of this Bylaw, whichever is greater.
Maximum Parcel size:
i.
As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan; or
ii.
The area on title at the time of passage of this Bylaw, whichever is lesser.
13.5.6.3
Required Developable Area:
In accordance with Section 9.8 of this Bylaw.
13.5.6.4
Utility Servicing Criteria
Communal water and communal wastewater disposal systems;
DEVELOPMENT REQUIREMENTS
13.5.7.1
Maximum Lot Coverage:
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than 60 percent of the lot area.
13.5.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel is as approved by the Approving Authority
in an approved Area Structure Plan and/or Outline plan.
13.5.7.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater;
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of a Municipal road;
iv. 15m (49.21 ft) from the right of way of an internal subdivision road outside of a
hamlet boundary;
v.
4m (13.12 ft) from the right of way of a municipal road or internal subdivision
road located within a hamlet boundary;
Side Yard Setbacks:
i.
1.5 m (4.92 ft) from the property line;
ii.
Notwithstanding sub-section 13.5.7.2 (b)(i) the side yard setbacks do not apply
to the common wall side of a structure where a common wall exists.
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Rear Yard Setbacks:
i.
Principal Building - 8m (26.25 ft) from the property line;
ii.
Accessory Building - 1m (3.28 ft.) from the property line; and
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 13.5.8 "Exceptions" for setbacks exemptions that have been approved
by Bylaw for particular developments.
See Section 9.27.9 through 9.27.12 for additional provisions regarding setbacks
pertaining to parcels with two frontages.
13.5.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
13.5.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
13.5.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory Buildings:
i.
10.67m (35 ft.)
13.5.7.7
Minimum habitable area per dwelling
84 sq. m. (904.20 sq. ft.)
EXCEPTIONS:
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13.6 RESIDENTIAL MANUFACTURED HOME DISTRICT
PURPOSE AND INTENT
To provide for manufactured housing in comprehensively planned manufactured home
parks located within Hamlet boundaries. Manufactured home parks may include
complementary uses providing a direct service to the residents.
This District was formally named Residential Mobile Home Park District and includes all
lands zoned Residential Manufactured Home Park District in the County.
GENERAL REQUIREMENTS:
13.6.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
SUB-DISTRICT
13.6.3.1
Parcels may include the following sub-districts in cases where Council feels that there is
a need. Not all parcels will be separated into sub-districts. Should a parcel include the
sub-district, all district rules apply with the addition of the special provisions noted in
accordance with the sub-district:
Sub-district "A" is a designation added to the land use district indicating a
requirement for special consideration on the development of the site and/or
placement and construction of buildings or structures on the lands through approval
of a development permit. Reference Section 2.4 of this Bylaw for more details on
special provisions for parcels with sub-district "A".
13.6.3.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Car ports
Decks
Dwelling, mobile home
Home Office
Park
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility services, minor
Accessory buildings requiring a development
permit
Accessory uses
Antenna structures, private
Home based business Type I
Home based business Type II
Family Day Home
Dwelling, manufactured home
Laundromat
Lot grading
Public and quasi-public installations and
facilities
Recreation, outdoor
Signs requiring a development permit
Solar Power System, Private requiring a
Development Permit
Storage compound
RMH
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LAND USE REQUIREMENTS
13.6.6.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
13.6.6.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
development of residential manufactured home uses within the District, the following
applies to applications for subdivision:
Parcel Density:
i.
Parcel density is as determined by the Approving Authority.
Minimum Parcel Size:
i.
For mobile homes: 334 m.2 (3596 ft2) with a mean width of site of no less than
12 m. (39.37 ft).
ii.
For manufactured homes 6.10m (20 ft) or greater in length and width: 372m.2
(4004 ft2) with a mean width of site of no less than 15m. (49.21 ft);
iii. At the discretion of the Approving authority for all other uses, or
iv. The area on title at the time of passage of this Bylaw, whichever is greater.
Maximum Parcel size:
i.
As determined by the Approving Authority; or
ii.
The area in title at the time of passage of this Bylaw, whichever is lesser.
13.6.6.3
Utility Servicing Criteria
Municipal water and communal wastewater disposal systems.
DEVELOPMENT REQUIREMENTS
13.6.7.1
Maximum Lot Coverage
All buildings together including accessory buildings: 60% of the parcel or bare land
condominium unit.
All accessory buildings: 15% of the area of the site.
13.6.7.2
Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel is one Dwelling Unit or as determine by
the Approving Authority in an approved Area Structure Plan and/or Outline plan
(where there is not separate titles).
13.6.7.3
Minimum Yard Setbacks Requirements:
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 15m (49.21 ft) from the right of way of an internal road; or
iv. 5 m (16.4 ft) from the right of way of a municipal road inside a hamlet boundary.
v.
Or as otherwise approved by Council in accordance with an approved Area
Structure Plan, Area Concept Plan, or Outline Plan.
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Side Yard Setbacks:
i.
Principal Building:
a. 1.5m (4.92 ft.) from the property line; and/or
b. 3m (9.84 ft.) on one side where no provision is made for a garage or
carport.
ii.
Accessory Building: 1m (3.28 ft.) from the property line.
iii. Corner Site: All buildings - 3m (9.84 ft.) from the property line.
Rear Yard Setbacks:
i.
Principal Building - 6m (19.7 ft.) from the property line.
ii.
Accessory Building - 1m (3.28 ft.) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 13.6.10 "Exceptions" for setbacks exemptions that have been approved
by Bylaw for particular developments.
13.6.7.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.;
13.6.7.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
13.6.7.6
Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports: 6m (19.68 ft);
Accessory buildings 5m (16.4 ft);
Community, recreation: 10.67m (35 ft).
13.6.7.7
Minimum habitable area per dwelling:
56 m2. (602.8 ft2.)
SITE DEVELOPMENT AND OPERATIONAL REQUIREMENTS
13.6.8.1
Residential manufactured home park district parcels shall be located within hamlet
boundaries only.
13.6.8.2
A manufactured home park shall be used for residential purposes including those uses
and their associated facilities which, in the opinion of the Approving Authority, are clearly
provided to serve the needs of the manufactured home park residents.
13.6.8.3
Development of land within a bareland condominium shall be considered the same as the
development of land within a fee simple subdivision, with each unit of land treated as an
individual parce.
13.6.8.4
A minimum of 10% of the gross parcel area shall be set aside as an outdoor recreation
area in a convenient and accessible location except where the lands have provided
Municipal Reserve lands or money in place of Municipal Reserve.
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13.6.8.5
In addition to the above, each manufactured home park shall provide a buffer on its
perimeter of not less than 3 m. (9.8 ft) in width and any other edge treatment deemed
necessary by and satisfactory to the Approving authority.
13.6.8.6
All areas of a manufactured home park development area not developed or occupied by
manufacture home park roads, walkways, driveways, parking aprons, buildings,
playgrounds, or other developed facilities shall be landscaped.
13.6.8.7
The manufactured home park development area shall be provided with street lighting.
Outdoor lighting in the manufactured home park shall be integrated in design and
appearance and conform to the requirements and specifications of the land use bylaw
and the Dark Sky Bylaw.
13.6.8.8
All signs in the manufactured home park site shall be of a design, character, and
appearance suitable to a residential area and satisfactory to the Approving Authority.
13.6.8.9
With respect to the layout and development of the site the following shall apply:
All manufactured homes shall be located according to a plan which has been
approved by the Approving Authority.
All manufactured home lots shall abut a manufactured home park street.
The development shall comply with the Provincial Department of Public Health
Regulations governing manufactured homes.
Compliance with the requirements of this Bylaw does not afford relief from
compliance with any other municipal, provincial, or federal regulations.
All manufactured homes shall meet the Minimum Requirements as set out in this
Bylaw, but units of different sizes and placement are encouraged to avoid monotony.
The manufactured home park owner shall inform residents of their responsibilities
with respect to this Bylaw and shall be responsible for developing and operating the
manufactured home park in compliance with them.
The manufactured home park owner shall ensure that each manufactured home is
levelled, blocked, and skirted, and the hitch screened or skirted within 30 days of its
placement.
All manufactured homes permitted in any manufactured home park district shall
conform to the current standards of the Canadian Standards Association.
All lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
Any manufactured home ten years or older, shall be accompanied by an engineer's
report indicating that the structure meets the applicable Building code, prior to
locating on a site in a manufactured home park.
In addition to the above, all manufactured home park sites shall comply with the
following requirements:
i.
Each site shall be provided with a horizontal, stable parking apron suitable for
blocking and levelling.
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ii.
Manufactured homes shall be placed on parking aprons and the homes,
including attached structures, shall be:
a. Within the boundaries of the site.
b. At least 2.5m (8.2 ft) from every adjacent manufactured home,
carport, porch and any structure, or permanent manufactured home
park structure, and 3m (9.8 ft) from any boundary.
c. Clearly defined on the ground by permanent markers, or other
suitable means, and permanently identified with a site number or
other address system.
iii. Porches are considered to be part of the principal building.
With respect to vehicular-pedestrian Areas in manufactured home park
developments, the following shall apply:
i.
One off-street parking spaces shall be provided on, or adjacent to, each
manufactured home lot and shall be:
a. Surfaced to the Municipalities specifications.
b. Not less than 15m2 (161.5 sq. ft) in area for two vehicles or less than
2.5m (8.20 ft) wide.
ii.
Internal pedestrian walkways shall connect the manufactured homes and all
manufactured home park community facilities and shall have a minimum hard
surfaced width of 1m. (3.3 ft), constructed to the satisfaction of the County.
iii. All roads within the manufactured home park shall be constructed and surfaced
to the County's specifications if public and to the satisfaction of the County if
privately owned and maintained by the owner.
With respect to service and accessory buildings in manufactured home park
developments, the following shall apply:
i.
The location and design of all service and accessory facilities are subject to the
approval of the Approving Authority.
ii.
Garbage storage shall be visually screened from all adjacent sites and public
thoroughfares.
iii. All service buildings must be accessible by a street within the manufactured
home park.
iv. Provision for a screened storage compound equivalent to 1 parking stall per unit
is recommended provided for trucks, campers, travel trailers, snowmobiles,
boats, and other equipment not capable of storage on the manufacture home
lot, at a location and in a manner satisfactory to the Approving Authority.
OTHER REQUIREMENTS
13.6.9.1
The Approving Authority may specify such other requirements as deemed necessary
having regard to the nature of a proposed development and the purpose of the district.
EXCEPTIONS
13.6.10.1 Front yard setback: 3m (9.84 ft.) for dwelling under 5.49m (18 ft.) in width or length
located within Hamlet of Cayley.
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SECTION 14 COMMERCIAL DISTRICTS
14.1 BUSINESS PARK DISTRICT
PURPOSE AND INTENT
To accommodate a combination of business and industrial activities within a comprehensively
planned development in accordance with an approved area structure plan or outline plan.
Business parks are encouraged to be located within the Highway 2A corridor on lands covered
by the Highway 2A Industrial Area Structure Plan in accordance with the Industrial Commercial
land use concept. Business park district lands may be approved at the discretion of Council
in other areas of the County in comprehensively planned areas in accordance with an
approved Area Structure Plan or outline plan.
Uses secondary to the business and industrial activity may provide personal services
primarily to on-site employees and secondarily to local clientele. Any nuisances associated
with such uses should generally not extend beyond the boundaries of the site. Some outside
storage may be permitted.
GENERAL REQUIREMENTS:
14.1.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
14.1.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Amenity spaces for pedestrian use
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility services, minor
Accessory uses
Agricultural processing and Distribution
Agricultural support services
Amusement and entertainment services
Animal care services
Auto body
Auto repair
Auto sales
Business office
Car/ truck wash
Commercial school or college
Commercial storage
Contractor, general
Contractor, limited
Convenience store
Drinking Establishment
Dwelling, temporary (accessory to principal use)
Farm equipment sales and service
Financial services
Food service, drive in
BP
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PERMITTED USES
DISCRETIONARY USES
Government Services
Health care services
Industry, General
Industry, Light
Industrial, Manufacturing/Processing
Industrial, Storage and Warehousing
Intensive vegetation operation
Manufacturing, light
Lot grading
Outdoor storage
Personal service establishments
Protective and emergency services
Public and quasi-public installation and
facilities
Public market
Recreation, indoor
Recreation, outdoor
Recreational Vehicle Sales
Recreation vehicle storage
Recycling collection point
Restaurant
Retail garden centre
Retail store
Service station
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Storage compound (accessory to principal use)
Warehousing and storage
LAND USE REQUIREMENTS
14.1.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
14.1.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of business park uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, and
if applicable, in accordance with an approved area structure plan or outline plan.
Minimum Parcel Size:
i.
929.0 m2 (10,000 ft2) for lots serviced by a municipal or communal piped sewer
and water system.
ii.
1,858 m2 (20,000 ft2) for lots serviced by a piped water system, and an
advanced package sewage treatment system; or
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iii. The area in title at the time of passage of this Bylaw, whichever is greater; or
iv. The minimum parcel size may be amended by the Approving Authority in
accordance with an approved area structure plan or outline plan.
Maximum Parcel size:
i.
As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan; or
ii.
The area on title at the time of passage of this Bylaw, whichever is lesser.
14.1.5.3
Utility Servicing Criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving Authority in accordance with an approved area structure
plan or outline plan.
DEVELOPMENT REQUIREMENTS
14.1.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
14.1.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
6 m (19.69 ft) from the property line from an internal road or municipal road.
ii.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
Side Yard Setbacks:
i.
1.5m (4.92 ft) from the property line.
ii.
Where the side yard abuts a residential district, the setback shall be increased
by 50%.
Rear Yard Setbacks:
i.
6m (19.69 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
14.1.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
14.1.6.4
Other Minimum Setback Requirements:
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The Approving Authority may require a greater building setback for any use which, in
the opinion of an Approving Authority, may interfere with the amenity of adjacent
uses.
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
14.1.6.5
Maximum Height of Structure:
12m (39.37 ft)
SPECIAL REQUIREMENTS
14.1.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
14.1.7.2
Lighting:
All lighting must be in accordance Section 9.15 of the Land use bylaw and with the
Municipal Dark Sky Bylaw.
14.1.7.3
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
14.1.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
14.1.8.1
For the lands described as Ptn. NE 09-19-28-W4 containing 129.51 +/- acres and Ptn. SE
09-19-28-W4 containing 149.99 +/- acres the following exceptions apply:
Data Center Campus is a Discretionary use on these lands;
The maximum site coverage, including all buildings and impermeable surfaces, is
60% of the total lot area or as supported by a stormwater management plan prepared
by an accredited professional.
The maximum height of structures shall be 18 metres.
Parking must be provided at a rate of 1.5 parking stalls or units per permanent
employee. This excludes Handicap Parking which shall be determined by the
Development Authority.
A complete development permit application for a Data Centre Campus must include
a noise mitigation and monitoring plan for those areas not subject to the AUC Rule
12, a fire prevention program and dynamic emergency response plan to the
satisfaction of Foothills County.
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14.2 COMMUNITY COMMERCIAL DISTRICT
PURPOSE AND INTENT
To accommodate a broad range of business, commercial uses, and services appropriate
within Hamlets or in planned developments supported by an adopted area structure plan
and/or outline plan. This District was formally named Hamlet Commercial and includes all
lands zoned Hamlet Commercial in the County.
GENERAL REQUIREMENTS:
14.2.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
14.2.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Business office
Community services
Convenience store
Contractor, limited
Financial services
Government services
Grocery store
Post office
Protective and emergency services
Public works
Restaurant
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility services, minor
Accessory buildings requiring a development
permit
Accessory uses
Agricultural support services
Amusement and entertainment services
Animal care services
Auto body
Auto repair
Auto sales
Campground
Car / truck wash
Commercial business
Commercial school or college
Conference centre
Child Care Facility
Drinking establishment
Dwelling unit (accessory to commercial use)
Government Services
Health care services
Hotel
Intensive vegetation operation
Liquor sales
Lot grading
Mixed use building (residential and business)
Motel
Outdoor café
Patio (accessory to principal business use)
Personal service establishment
Public market
Public quasi-public
CMC
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PERMITTED USES
DISCRETIONARY USES
Recreation, indoor
Recycling collection point
Residential care facility
Retail garden centre
Retail store
Service station
Signs requiring a Development Permit
Solar Power System, Private (Requiring a
Development Permit)
Storage compound
Wholesale
LAND USE REQUIREMENTS
14.2.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
14.2.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of community commercial uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, in
accordance with an approved area structure plan or outline plan, if applicable.
Minimum Parcel Size:
i.
929.0 m2 (10,000 ft2) for lots serviced by a municipal or communal piped sewer
and water system.
ii.
1,858 m2 (20,000 ft2) for lots not serviced by a piped water or sewer system.
iii. The area on title at the time of passage of this Bylaw, whichever is greater; or
iv. The minimum parcel size may be amended by the Approving Authority in
accordance with an approved area structure plan or outline plan.
Maximum Parcel size:
i.
As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan.
ii.
The area in title at the time of passage of this Bylaw, whichever is lesser.
14.2.5.3
Utility Servicing Criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving authority in accordance with an approved area structure
plan or outline plan.
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DEVELOPMENT REQUIREMENTS
14.2.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than (60) sixty percent of the lot area.
14.2.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
0 m from the right of way of a municipal road or internal subdivision road located
within a Hamlet.
ii.
6m (19.68 ft) from the right of way of a Municipal Road located outside of a
Hamlet.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setbacks:
i.
1.5 m (4.92 ft) from the property line.
ii.
Where the side yard abuts a residential district, the setback shall be increased
by 50%.
Rear Yard Setbacks:
i.
Principal Building - 6m (19.69 ft) from the property line.
ii.
Accessory Building - 1.5 (4.92 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
14.2.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
14.2.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
14.2.6.5
Maximum Height of Structures:
12m (39.37 ft).
SPECIAL REQUIREMENTS
14.2.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
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14.2.7.2
Lighting:
All lighting must be in accordance Section 9.15 of the Land use bylaw and with the
Municipal Dark Sky Bylaw.
14.2.7.3
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
14.2.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
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14.3 HIGHWAY COMMERCIAL DISTRICT
PURPOSE AND INTENT
To accommodate a diverse range of commercial uses along highways and major
transportation corridors intended to provide services to the travelling public and tourists and
include businesses that require a high degree of visibility and/or ease of access to
transportation routes.
GENERAL REQUIREMENTS:
14.3.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
14.3.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Community services
Government services
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Tourist information services and facilities
Utility services, minor
Accessory buildings requiring a development
permit
Accessory uses
Agricultural support services
Animal care services
Arena, commercial
Auctioneering services
Auto sales and repair
Business office
Car/truck wash
Convenience store
Drinking establishment
Financial services
Food service, drive in
Grocery store
Health services
Hotel
Liquor sales
Lot grading
Motel
Recreation, indoor
Recreational vehicle sales
Restaurant
Retail garden centre
Retail Store
Service station
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Special event
Truck stop
HC
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LAND USE REQUIREMENTS
14.3.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
14.3.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of highway commercial uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, in
accordance with an approved area structure plan or outline plan, if applicable.
Minimum Parcel Size:
i.
1.0 ac (4,047 m2).
ii.
The area on title at the time of passage of this Bylaw, whichever is greater; or
iii. As determined by the Approving Authority, and if applicable, in accordance with
an approved area structure plan or outline plan.
Maximum Parcel size:
i.
As determined by the Approving Authority, and in accordance with an approved
area structure plan or outline plan, if applicable; or
ii.
The area on title at the time of passage of this Bylaw, whichever is lesser.
14.3.5.3
Utility Servicing Criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving Authority in accordance with an approved area structure
plan or outline plan.
DEVELOPMENT REQUIREMENTS
14.3.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than (60) sixty percent of the lot area.
14.3.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
15m (49.21 ft) from the right of way of an internal subdivision road.
ii.
48m (157.48 ft) from the centreline of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setbacks:
i.
1.5 (4.92 ft) from the property line.
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Rear Yard Setbacks:
i.
Principal Building - 6m (19.69 ft) from the property line.
ii.
Accessory Building - 1.5 (4.92 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
14.3.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
14.3.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for a use which, in the
opinion of the Approving Authority, may interfere with the amenity of adjacent uses.
14.3.6.5
Maximum Height of Structures:
12m (39.37 ft).
SPECIAL REQUIREMENTS
14.3.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
14.3.7.2
Lighting:
All lighting must be in accordance with Section 9.15 of the Land use bylaw and with
the Municipal Dark Sky Bylaw.
14.3.7.3
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
14.3.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
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14.4 RURAL BUSINESS DISTRICT
PURPOSE AND INTENT
To provide for limited commercial and industrial uses, businesses and services that provide
for the needs of the local community and are consistent with the character of the rural
neighborhood as described in the Municipal Development Plan.
GENERAL REQUIREMENTS:
14.4.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
14.4.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Accessory uses
Agricultural, general
Contractor, limited
Dwelling, single family
Home based business, Type I
Home based business Type II
Home office
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility services, minor
Abattoir, minor
Accessory buildings requiring a development
permit
Agricultural, intensive use
Agricultural processing & distribution
Agricultural support services
Animal care services
Auctioneering services
Business office
Commercial school or college
Commercial storage
Dugout
Dwelling, moved on
Dwelling, temporary
Family Day Home
Farm equipment sales and service
Guest ranch
Home based business Type III
Industry, light
Intensive agricultural operation
Lot grading
Manufacturing, light
Personal care establishment
Public market
Restaurant (accessory to principal use)
Retail garden centre
Secondary suite, detached
Secondary suite, principal
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Special event
Storage compound
RB
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LAND USE REQUIREMENTS
14.4.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
14.4.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of rural business uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, in
accordance with an approved area structure plan or outline plan, if applicable.
Minimum Parcel Size:
i.
2.02 ha (5 acre).
ii.
The area in title at the time of passage of this Bylaw, whichever is greater; or
iii. As determined by the Approving Authority, and if applicable, in accordance with
an approved area structure plan or outline plan.
Maximum Parcel size:
i.
As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan; or
ii.
The area in title at the time of passage of this Bylaw, whichever is lesser.
14.4.5.3
Utility Servicing criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving Authority in accordance with an approved area structure
plan or outline plan.
DEVELOPMENT REQUIREMENTS
14.4.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than (60) sixty percent of the lot area.
14.4.6.2
Minimum Yard Setbacks Requirements:
Front Yard Setbacks:
i.
15m (49.21 ft) from the right of way of an internal subdivision road.
ii.
48m (157.48 ft) from the centreline of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setbacks:
i.
15m (49.21 ft) from the property line.
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Rear Yard Setbacks:
i.
15m (49.21 ft) from the property line
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
14.4.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
14.4.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
14.4.6.5
Maximum Height of Structures:
12m (39.37 ft).
14.4.6.6
Minimum habitable area per dwelling:
84 sq. m. (904.20 sq. ft).
SPECIAL REQUIREMENTS
14.4.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
14.4.7.2
Lighting:
All lighting must be in accordance with Section 9.15 of the Land use bylaw and with
the Municipal Dark Sky Bylaw.
14.4.7.3
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
14.4.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
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SECTION 15 INDUSTRIAL DISTRICTS
15.1 HAMLET INDUSTRY DISTRICT
PURPOSE AND INTENT
To accommodate a wide range of industrial and accessory uses within the boundaries of a
Hamlet. Any nuisance factor should not extend beyond the boundaries of the parcel. The
development will address issues of compatibility and transition with respect to adjacent
land uses.
GENERAL REQUIREMENTS:
15.1.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
15.1.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Contractor, limited
Industrial, light
Manufacturing, light
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility service, minor
Accessory buildings requiring a development
permit
Accessory uses
Agricultural processing and distribution
Agricultural support services
Animal care services
Auto body
Auto repair
Auto sales
Business office (accessory to principal use)
Car / truck wash
Card lock fuel dispensing facility
Commercial school or college
Commercial storage
Contractor, general
Drinking Establishment
Dwelling unit (accessory to principal use)
Industrial, general
Intensive vegetation operation
Lot grading
Outdoor café
Outdoor storage (accessory to principal use)
Patio (accessory to principal use)
Public market
Recreation, indoor
Recreation, outdoor
Recycling collection point
Retail garden
Retail store
Service station
Signs requiring a development permit
HMI
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PERMITTED USES
DISCRETIONARY USES
Solar Power System, Private (Requiring a
Development Permit)
Storage compound
Warehouse sales
Warehousing and storage
LAND USE REQUIREMENTS
15.1.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
15.1.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of hamlet industrial uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority and,
in accordance with an approved area structure plan or outline plan if applicable.
Minimum Parcel Size:
i.
1,858 m2 (20,000 sq. ft.);
ii.
The area on title at the time of passage of this Bylaw, whichever is greater; or
iii. The minimum parcel size may be amended by the Approving Authority in
accordance with an approved area structure plan or outline plan.
Maximum Parcel size:
i.
The area in title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority in accordance with an approved area
structure plan or outline plan if applicable.
15.1.5.3
Utility Servicing Criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving Authority in accordance with an approved area structure
plan or outline plan.
DEVELOPMENT REQUIREMENTS
15.1.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
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15.1.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m from the centreline of a Municipal Road outside a Hamlet.
iv. 0 m from the right of way of a Municipal Road located within a Hamlet.
v.
Front yard setback may be altered in conformance with an approved Area
Structure Plan for industrial uses.
Side Yard Setbacks:
i.
1.5 m (4.92 ft) from the property line.
Rear Yard Setbacks:
i.
6m (19.69 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
15.1.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
15.1.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
15.1.6.5
Maximum Height of Structure:
All buildings - 12m (39.37 ft);
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft)
SPECIAL REQUIREMENTS
15.1.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
15.1.7.2
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
15.1.7.3
Lot Drainage:
A development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
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Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
15.1.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use.
EXCEPTIONS:
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15.2 GENERAL INDUSTRY DISTRICT
PURPOSE AND INTENT
To provide for continued general industrial development within the Highway 2A corridor in
accordance with the Highway 2A Industrial Area Structure Plan. Development should be
primarily industrial in nature with some forms of accessory commercial uses where deemed
appropriate. Interim uses such as storage facilities may be considered prior to utility servicing
being established. Development Permit applications within the General Industry District shall
be in alignment with approved Outline Plans completed in accordance with Section 15.2.7.6
of this district.
GENERAL REQUIREMENTS:
15.2.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
15.2.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Abattoir, minor
Accessory building
Agricultural, general
Agricultural processing & distribution
Agricultural support services
Animal care services
Auto body
Auto repair
Auto sales
Business office
Commercial school or college
Commercial storage
Contractor, general
Contractor, limited
Farm equipment sales and service
Government services
Green material reuse storage site
Industrial, storage and warehousing
Industry, general
Industry, light
Lot grading
Manufacturing, light
Outdoor storage
Protective and emergency services
Public works
Recreational vehicle sales
Recreation vehicle storage
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Abattoir, major
Accessory Use (excluding permanent dwelling
units)
Auctioneering services
Auctioneering services, livestock
Auto Wreckers
Bulk fuel depot
Cannabis production, micro
Cannabis production, nursery
Cannabis production, standard
Card lock fuel dispensing facility
Compost, class I or II
Data Processing Facility (Small Scale)
Dog park
Food service, drive-in
Industry, heavy
Industrial manufacturing/processing
Intensive vegetation operation
Kennel, commercial
Park
Recreation, Passive
Recreation, Outdoor
Recycling collection point
Recycling depot
Recyclable material area
Restaurant
Retail store,
Service station
Signs requiring a development permit
GI
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PERMITTED USES
DISCRETIONARY USES
Storage compound
Utility services, minor
Warehousing and storage
Warehouse sales
Wholesale landscape supply
Solar Power System, Private (Requiring a
Development Permit)
Solar Power System, Commercial
Truck stop
Utility services, major
Waste incineration energy recovery
Waste management facility, minor
LAND USE REQUIREMENTS
15.2.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
15.2.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of general industrial uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, and
if applicable, in accordance with the Highway 2A ASP or an approved outline plan.
Minimum Parcel Size:
i.
1,858 m2 (0.5 acre) for lots serviced by a municipal or communal piped water
and sewer system.
ii.
4,046.86 m2 (1 acre) for lots serviced by a piped water system, and an advanced
package sewage treatment system; or
iii. The area on title at the time of passage of this Bylaw, whichever is greater; or
iv. As determined by the Approving Authority, in accordance with the Highway 2A
Industrial area structure plan and approved outline plan, where applicable.
Maximum Parcel size:
i.
The area in title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority, in accordance with the Highway 2A
Industrial area structure plan and approved outline plan, where applicable.
15.2.5.3
Utility Servicing Criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving Authority in accordance with the highway 2a industrial
area structure plan and an approved outline plan where applicable.
DEVELOPMENT REQUIREMENTS
15.2.6.1
Maximum Lot Coverage
The maximum site coverage, including all buildings and impermeable surfaces, is
60% of the total lot area or as supported by a stormwater management plan prepared
by an accredited professional.
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15.2.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of the Municipal Road.
iv. 6m (19.69 ft) from the property line from an Internal Road.
v.
Front yard setback may be altered in conformance with an approved outline plan
in accordance with the Highway 2A Industrial Area Structure Plan for industrial
uses.
Side Yard Setbacks:
i.
1.5 m (4.92 ft) from the property line; OR in accordance with spatial separations
of buildings as per the applicable Building Code enforced at the time of approval,
whichever is greater.
ii.
Where the side yard abuts a residential district:
a.
In an area identified for General Design Standards in accordance with
the Highway 2A Design Guidelines, the setback shall be increased by
50%.
b.
In an area identified for Enhanced Design Standards in accordance with
the Highway 2A Design Guidelines, the setback shall be a minimum of
6.0 m (19.7 ft) abutting the residential lands.
Rear Yard Setbacks:
i.
6m (19.69 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
15.2.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
15.2.6.4
Other Minimum Setback Requirements:
All development shall comply with the applicable Provincial legislation and approvals
with respect to setbacks to uses such as waste management sites and municipal
utilities unless the setback is varied by the Approving Authority with the written
consent of the Deputy Minister of Environment.
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of the Approving Authority, may interfere with the amenity of
adjacent uses.
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15.2.6.5
Maximum Height of Structure:
Buildings and Accessory Equipment - 16m (52.49 ft).
SPECIAL REQUIREMENTS
15.2.7.1
Lands within Flood Hazard Protection Overlay
See Section 11.1 for provisions and regulations relating to lands located within the
Flood Hazard Protection Overlay.
A Development Permit is required for development located within the Flood Hazard
Protection Overlay, except as exempt under Section 4.2.1.7 and in accordance with
Section 11.1.3.3 of the Flood Hazard Protection Overlay.
For the purpose of applying for Development Permit approval, where any portion of a
parcel zoned General Industry District is situated within the Flood Hazard Protection
Overlay District, all uses on the parcel shall be considered discretionary uses.
15.2.7.2
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
15.2.7.3
Design Guidelines:
All development located within the Highway 2A Industrial Area Structure Plan (H2AI
ASP) area shall comply with the Highway 2A Corridor Design Guidelines (2021), as
may be amended or replaced by Council from time to time.
15.2.7.4
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
15.2.7.5
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
15.2.7.6
Outline Plans
An approved Outline Plan, in accordance with the Highway 2A ASP outline plan
guidelines, may be required in advance of considering a Development Permit
application as complete. As part of the Outline Plan, the following information may
be required to the satisfaction of Council:
i.
A utility strategy.
ii.
An access management strategy.
All future development permit applications must be in accordance with any approved
outline plan for those lands.
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15.2.7.7
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above-mentioned uses listed for this district through approval of a
Multiple Potential Use Development Permit and each use shall be considered as a
separate use.
b.
Cannabis Production shall be in accordance with 10.15 of this Bylaw.
EXCEPTIONS:
15.2.8.1
Existing development approvals granted under the previous DC#2 land use which remain
in good standing (meaning all conditions met and in compliance with all approvals), may
continue to operate as per the existing approval. However, any additions, expansions, or
amendments to the existing approved development shall require an approved
development permit in accordance with the updated General Industry District provisions.
Development permits for additional development will not require the existing permitted
development that is in compliance with prior approval to be brought into compliance
with the updated General Industry District.
15.2.8.2
Existing dwelling units, constructed in good standing in accordance with the Land Use
Bylaw, Building and Safety codes, situated on lands zoned General Industry District within
the Highway 2A Industrial Area Structure Plan Area, are considered existing non-
conforming uses. These dwelling units may remain on the lands only in accordance with
the provisions of non-conforming uses under Section 1.8 of the Land Use Bylaw and
Section 653 of the MGA. This exception applies to the existing dwellings identified on
following three parcels.
- Plan 941280, Lot 3, Ptn. SE 25-19-29-W4 - 15.84 Acres
- Ptn. SW 30-19-28-W4 - 23.76 acres
- Plan 1312052, Block 1, Lot 1, Pt. NW 20-19-28-W4 - 5.95 acres
15.2.8.3
Front yard setbacks: 6m from the property line on the south side (adjacent to 466 Ave)
for Plan 9812255, Lot 1 and Lot 26.
15.2.8.4
The Development Authority may grant a variance of up to 90% from the Highway 2A
setback requirement for both proposed and existing developments on Lots 1 through 13,
Plan 9812255, Ptn. SW 30-19-28-W4 (Abild's Subdivision). This variance is intended to
ensure alignment with the former Direct Control District #2 development regulations and
approvals that governed these lots at the time of their initial development.
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15.3 INDUSTRIAL EDGE DISTRICT
PURPOSE AND INTENT
To provide for lower intensity industrial development and accessory commercial uses to
serve as a complementary transition between the general industrial uses and other forms
of development within the Highway 2A corridor in accordance with the Highway 2A
Industrial Area Structure Plan. Outdoor processing or manufacturing of materials is
discouraged, and all industrial activity shall be contained indoors. Development Permit
applications within the Industrial Edge District shall be in alignment with approved Outline
Plans completed in accordance with Section 15.3.7.5 of this district.
GENERAL REQUIREMENTS:
15.3.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
15.3.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory building not requiring a development
permit
Agricultural, general
Agricultural support services
Animal care services
Business office
Contractor, limited
Commercial Storage
Green Material Reuse Storage Site
Government services
Industry, light
Lot grading
Manufacturing light Park
Protective and emergency services
Public works
Recreation, indoor
Recycling collection point
Recycling depot
Restaurant
Retail store
Service station
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Warehousing and Storage
Utility services, minor
Abattoir, Minor
Accessory buildings requiring a
development permit
Accessory uses (excluding permanent
dwelling units)
Agricultural Processing & Distribution
Auctioneering services
Auto body
Auto sales
Commercial school or college
Dog park
Food service, drive-in
Industrial, General
Industrial, Manufacturing/Processing
Industrial, Storage and Warehousing
Intensive vegetation operation
Recreation, outdoor
Recreational vehicle sales
Recreational vehicle storage
Service Station
Special event
Solar Power System, Commercial
Solar Power System, Private (Requiring a
Development Permit)
Storage compound
IE
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LAND USE REQUIREMENTS
15.3.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
15.3.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of industrial edge uses within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, in
accordance with the Highway 2A Industrial area structure plan and/or approved
outline plan, where applicable.
Minimum Parcel Size:
i.
4,046.86 sq. m (1 acres);
ii.
The area on title at the time of passage of this Bylaw, whichever is greater; or
iii. As determined by the Approving Authority, in accordance with the Highway 2A
Industrial area structure plan and approved outline plan, where applicable.
Maximum Parcel size:
i.
The area on title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority, in accordance with the Highway 2A
Industrial area structure plan and approved outline plan, where applicable.
15.3.5.3
Utility Servicing Criteria
Municipal or communal water and wastewater disposal systems.
Municipal or communal water system, and an advanced package sewage treatment
system; or
On site water storage system on site and/or wastewater pump out tanks if deemed
appropriate by the Approving Authority in accordance with the Highway 2A industrial
area structure plan and an approved outline plan.
DEVELOPMENT REQUIREMENTS
15.3.6.1
Maximum Lot Coverage
The maximum site coverage, including all buildings and impermeable surfaces, is
60% of the total lot area or as supported by a stormwater management plan prepared
by an accredited professional.
15.3.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of the Municipal Road.
iv. 6m (19.69 ft) from the property line from an Internal Road.
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v.
Front yard setback may be altered in conformance with the Highway 2A Industrial
area structure plan and an approved outline plan for industrial uses.
Side Yard Setbacks:
i.
1.5 m (4.92 ft) from the property line; OR in accordance with spatial separations
of buildings as per the applicable Building Code enforced at the time of approval,
whichever is greater.
ii.
Where the side yard abuts a residential district:
a.
In an area identified for General Design Standards in accordance with the
Highway 2A Design Guidelines, the setback shall be increased by 50%.
b.
In an area identified for Enhanced Design Standards in accordance with
the Highway 2A Design Guidelines, the setback shall be a minimum of 6.0
m (19.7 ft) abutting the residential lands.
Rear Yard Setbacks:
i.
6m (19.69 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
15.3.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
15.3.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for a light industrial
use which, in the opinion of the Approving Authority, may interfere with the amenity
of adjacent uses.
15.3.6.5
Maximum Height of Structure:
Buildings and Accessory Equipment - 16m (52.49 ft).
SPECIAL REQUIREMENTS
15.3.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
15.3.7.2
Design Guidelines:
All development located within the Highway 2A Industrial Area Structure Plan (H2AI
ASP) area shall comply with the Highway 2A Corridor Design Guidelines (2021), as
may be amended or replaced by Council from time to time.
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Lighting:
All lighting must be in accordance with Section 9.15 of the Land use bylaw and with
the Municipal Dark Sky Bylaw.
15.3.7.3
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
15.3.7.4
Outline Plans
An approved Outline Plan, in accordance with the Highway 2A ASP guidelines, may be
required in advance of considering a Development Permit application as complete.
As part of the Outline Plan, the following information may be required to the
satisfaction of Council:
i.
A utility strategy.
ii.
An access management strategy.
All future development permit applications must be in accordance with any approved
outline plan for those lands.
15.3.7.5
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above-mentioned uses listed for this district through approval of a
Multiple Potential Use Development Permit and each use shall be considered as a
separate use.
EXCEPTIONS:
15.3.8.1
Existing development approvals granted under the previous DC#2 land use which remain
in good standing (meaning all conditions met and in compliance with all approvals), may
continue to operate as per the existing approval. However, any additions, expansions, or
amendments to the existing approved development shall require an approved
development permit in accordance with the updated Industrial Edge District provisions.
Development permits for additional development will not require the existing permitted
development that is in compliance with prior approval to be brought into compliance
with the updated Industrial Edge District.
15.3.8.2
Existing dwelling units, constructed in good standing in accordance with the Land Use
Bylaw, Building and Safety codes, situated on lands zoned Industry Edge District within
the Highway 2A Industrial Area Structure Plan Area, are considered existing non-
conforming uses. These dwelling units may remain on the lands in accordance with the
provisions of non-conforming uses under Section 1.8 of the Land Use Bylaw and Section
653 of the MGA or be approved by Development Permit application as an accessory use
where applicable.
This exception applies to the existing dwellings identified on following parcel:
-
Ptn. NW 06-20-28-W4 - 89.9 acres
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15.4 NATURAL RESOURCE EXTRACTION DISTRICT
PURPOSE AND INTENT
To accommodate industrial uses related to non-renewable natural resource extraction and
processing.
This District was formally named Industrial Natural Resource District and includes all lands
zoned Industrial Natural Resource District in the County.
GENERAL REQUIREMENTS:
15.4.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
15.4.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Agricultural, general
Natural resource extraction/processing
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility services, minor
Accessory buildings requiring a development
permit
Accessory uses
Dwelling, single family
Dwelling, moved on
Dwelling unit, temporary (accessory to
principal use)
Home Based Business I
Home Office
Lot grading
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
LAND USE REQUIREMENTS
15.4.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
15.4.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of natural resource extraction uses within the District, the following applies
to applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, in
accordance with an approved area structure plan or outline plan, if applicable.
Minimum Parcel Size:
i.
The area on title at the time of passage of this Bylaw, whichever is greater; or
ii.
As determined by the Approving Authority, and in accordance with an approved
area structure plan or outline plan, if applicable.
Maximum Parcel size:
INR
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i.
The area on title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority, and in accordance with an approved
area structure plan or outline plan, if applicable.
15.4.5.3
Utility Servicing Criteria
As determined by the Approving Authority and in accordance with an approved area
structure plan or outline plan, if applicable.
DEVELOPMENT REQUIREMENTS
15.4.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
15.4.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of the Municipal Road.
iv. 15m (49.21 ft) from the property line from an Internal Road.
Side Yard Setbacks:
i.
15m (49.21 ft) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
15.4.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
15.4.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
15.4.6.5
Maximum Height of Structure:
Buildings - 12m (39.37 ft).
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft).
15.4.6.6
Minimum habitable area per dwelling
84 m2 (904.20 sq. ft).
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SPECIAL REQUIREMENTS
15.4.7.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
15.4.7.2
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
15.4.7.3
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use,
EXCEPTIONS:
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15.5 LOW INTENSITY INDUSTRY DISTRICT
PURPOSE AND INTENT
The general purpose of this district is to provide for the potential development of lands
impacted by flooding in an environmentally friendly, safe, and appropriate manner. The
intent is to recognize development constraints and maintain or decrease the overall
intensity of development on lands that have been significantly impacted by flooding,
without limiting the potential for development of lands that have experienced less or no
impacts.
Some of the uses provided for in this district may not be suitable for all lands. Where
lands may be subject to flooding, favorable uses for the lands are those developments
that require limited buildings and structures and uses that would generate minimal
impact in the event of future flooding. Lands subject to flooding are required to meet all
provisions under Section 9.13 "Lands Subject to Flooding" and may be subject to Section
11.1 "Flood Hazard Protection Overlay District" within the Land Use Bylaw.
GENERAL REQUIREMENTS:
15.5.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
Notwithstanding Section 4.2.1 of the Land Use Bylaw any proposed development for a
discretionary use or any proposed development that requires construction of any
buildings or structures will require a development permit, one of the requirements of
which will be to demonstrate compliance with all requirements of Section 9.13 - Land
Subject to Flooding and Section 11.1 Flood Hazard Protection Overlay District of this
Bylaw.
15.5.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
15.5.2.3
Refer to Section 11.1 Flood Hazard Protection Overlay District for specific regulation and
provision on lands included within the Flood Hazard Protection Overlay District.
PERMITTED USES
DISCRETIONARY USES
Accessory Uses (accessory to the principal use)
Agriculture, General
Public Works
Signs not requiring a Development Permit
Solar Power System, Private (Not requiring a
Development Permit)
Accessory Buildings
Aerodrome/Airstrip (Private Use)
Agriculture Intensive Use
Agricultural Specialty
Amusement and Entertainment Services
Animal Care Services
Business Offices
Contractor, General
Contractor, Limited
Dog Park
Dwelling Unit (accessory to principal use)
Educational and Interpretative Use
Farmers Market
Green Material Reuse Storage Site
LID
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15.5.3 PERMITTED USES
15.5.4 DISCRETIONARY USES
Industry, Light
Intensive Vegetation Operation
Interpretive Pathways
Manufacturing, Light
Mobile Sales Vehicle
Outdoor Storage
Park
Public Market
Recreation, Passive
Recreation Services, Outdoor
Retail Store (accessory to principal use only)
Sea-Can
Signs requiring a Development Permit
Solar Power System, Private (Requiring a
Development Permit)
Special Event
Storage Compound
Utility Services, Minor
Warehouse Sales
Wholesale Landscape Supply
Wind Energy Conversion System, Personal or
accessory to an approved use
LAND USE REQUIREMENTS
15.5.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
15.5.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainability of
low intensity industry uses within the District, the following applies to applications for
subdivision:
Parcel Density:
i.
Number of lots per quarter section or area of land in certificate of title existing
when this bylaw was adopted; or
ii.
The number of lots allowed by bylaw amending this section.
Minimum Parcel Size:
i.
The area in title at the time of passage of this Bylaw, whichever is greater; or
ii.
As determined by the Approving Authority, and if applicable, in accordance with
an approved area structure plan or outline plan.
Maximum Parcel size:
i.
None.
Required Developable Area
i.
In accordance with Section 9.8 of this Bylaw.
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15.5.5.3
Utility Servicing Criteria
Utility servicing shall be as determined by the Approving Authority, and if applicable,
in accordance with an approved area structure plan or outline plan.
Water wells being utilized other than for private residential or agricultural use may be
required to be licensed for the intended use, in accordance with Alberta Environment
requirements.
DEVELOPMENT REQUIREMENTS
15.5.6.1
Maximum Lot Coverage:
No building or group of buildings, including their accessory buildings, structures and
impervious surfaces shall cover more than (60) sixty percent of the lot area.
15.5.6.2
Maximum Dwelling Unit Density:
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family in accordance with Section 10.10 Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family in accordance with Section 10.10 Dwellings.
15.5.6.3
Minimum Yard Setback Requirements for Principal Buildings and Accessory Buildings and
Structures
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48 ft.) from the centreline of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way of a Primary Highway.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
See Section 15.5.8 "Exceptions" for any setbacks exemptions that have been
approved by Bylaw.
15.5.6.4
Corner Parcel Restrictions:
In accordance with Sections 9.27.9 - 9.27.12.
15.5.6.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this Bylaw for additional
setback requirements that may apply.
See Section 9.13 "Land Subject to Flooding" of this Bylaw for additional setback
requirements that may apply.
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The Approving Authority may require a greater minimum setback for any use, which
in the opinion of the Approving Authority, may interfere with the amenity of adjacent
uses having regard for the location of the development, potential environmental
impacts, adjacent land uses, and any determined natural, scenic or ecologically
significant feature of the landscape.
15.5.6.6
Maximum Height of Structures:
Principal Buildings:
i.
12m (29.37 ft.); ii
Accessory Buildings or Structures
i.
10.67m (35 ft.).
Satellite dishes, radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.).
15.5.6.7
Minimum habitable area per Dwelling:
100m2 (1,077 sq. ft.).
SPECIAL REQUIREMENTS
15.5.7.1
Lands Subject to Flooding:
Provisions for lands subject to flooding are provided for under Section 9.13 "Land
Subject to Flooding" and under Section 11.1 "Flood Hazard Protection Overlay
District" of this Bylaw.
15.5.7.2
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
15.5.7.3
Nuisance:
No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
15.5.7.4
The Development Authority, may, as a condition of issuing a Development Permit impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Size and number of structures permitted on site.
Hours of operation.
Number of employees.
Number of vehicle visits per day.
Number, duration and size of events permitted.
Noise.
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Buffering.
Lighting.
Outdoor storage.
Parking Requirements.
Potential impact to neighbouring properties.
Requirements for evacuation and emergency response plans.
Proof of compliance with fire and safety codes.
Upgrades on municipal roads.
Submission of Federal/Provincial Approvals and Licenses.
Screening of facilities.
15.5.7.5
Lighting:
All lighting must be in accordance with Section 9.15 of this Bylaw and with the
Municipal Dark Sky Bylaw.
15.5.7.6
Lot Drainage:
A Development Agreement shall be entered into for any lot grading to the satisfaction
of the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of this Bylaw.
Lot drainage shall be managed in accordance with all Federal and/or Provincial
permits and approvals, regulations, and standards.
15.5.7.7
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above listed uses for this district and each use shall be considered as
a separate use and each use shall obtain a separate development permit.
EXCEPTIONS:
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SECTION 16 PARKS AND RECREATION DISTRICTS
16.1 RECREATION DISTRICT
PURPOSE AND INTENT
To accommodate a wide range of public/private parks and recreational activities, primarily
aimed at passive and active outdoor activities and includes buildings for community
recreation and accessory uses to facilities like golf courses.
GENERAL REQUIREMENTS:
16.1.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
16.1.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory building not requiring a development
permit
Country recreational center/lodge
Government services
Home Office
Natural science exhibits
Ornamental pond
Park
Private amenity space
Man-made water bodies, private
Public works
Recreation, passive
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Tourist information services and facilities
Accessory building requiring a development
permit
Accessory uses
Agricultural, general
Amusement and entertainment services
Bed and breakfast
Campground, Major
Campground, minor
Community buildings and facilities
Community services
Convenience store (accessory to principal use)
Drinking establishment (accessory to principal
use)
Dugout
Dwelling, single family dwelling
Dwelling, moved on
Dwelling, temporary
Golf course
Home based business Type I
Home based business Type II
Lot grading
Public market
Recreational resort
Recreation, indoor
Recreation, outdoor
Retail store (accessory to principal use)
Restaurant (accessory to principal use)
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Special event
Utility services, minor
REC
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LAND USE REQUIREMENTS
16.1.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
16.1.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of recreational uses within the District, the following applies to applications
for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, and
in accordance with an approved area structure plan or outline plan if applicable.
Minimum Parcel Size:
i.
The area on title at the time of passage of this Bylaw, whichever is greater; or
ii.
As determined by the Approving Authority and in accordance with an approved
area structure plan or outline plan, if applicable.
Maximum Parcel size:
i.
The area on title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority and in accordance with an approved
area structure plan or outline plan, if applicable.
16.1.5.3
Utility Servicing Criteria
As determined by the Approving Authority and in accordance with an approved area
structure plan or outline plan, if applicable.
DEVELOPMENT REQUIREMENTS
16.1.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
16.1.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of the Municipal Road.
iv. 15m (49.21 ft) from the property line from an Internal Road; or
v.
As determined by the Approving Authority in conformance with an approved Area
Structure Plan.
Side Yard Setbacks:
i.
15m (49.21 ft) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft) from the property line.
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If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
16.1.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
16.1.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
16.1.6.5
Maximum Height of Structure:
All buildings - 12m (39.37 ft);
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft).
SPECIAL REQUIREMENTS
16.1.7.1
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
16.1.7.2
Lot Drainage:
Lot grading and drainage shall be in accordance with Section 9.17of this Land use
bylaw.
16.1.7.3
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
Square Butte:
16.1.8.1
For Plan 9913474, units 51 through 56 and Plan 0010101, Units 58 through 63, allow
for 0 setback to property lines, excepting the rear yard of the dwelling units which shall be
15m (49.21 ft.).
16.1.8.2
For Plan 9910270, units 32 through 41 and Plan 9710379, units 1 through 26, allow for
the following setbacks:
Front Yard Setbacks:
i.
48m (157.48 ft.) from the centreline of a Municipal Road.
ii.
5m (16.40 ft) from the property line for internal subdivision roads and internal
laneways.
Side Yard Setbacks:
i.
1.5m (4.92 ft.) from the property line.
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Rear Yard Setbacks:
i.
Principal Building - 8m (26.25 ft.) from the property line.
ii.
Accessory Building - 1m (3.28 ft) from the property line.
iii. Decks and associated staircases (steps) may project into the rear yard setback
to a maximum of 1.5m (4.92 ft.).
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16.2 OPEN SPACE DISTRICT
PURPOSE AND INTENT
To preserve lands that have natural capability for conservation, passive recreation and
education. These lands may be owned or managed by the County, an individual landowner,
public land trust, or condominium association.
GENERAL REQUIREMENTS:
16.2.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
16.2.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Natural science exhibits
Park
Private amenity space
Public works
Recreation, passive
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Accessory buildings requiring a development
permit
Community services
Dwelling, single family dwelling
Dwelling, temporary
Lot grading
Man-made water bodies, private
Signs requiring a development
Solar Power System, Private (Requiring a
Development Permit)
Special event
Utility services, minor
LAND USE REQUIREMENTS
16.2.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
16.2.5.2
In order to facilitate the purpose and intent of this district and ensure the sustainable
development of open space uses within the District, the following applies to applications
for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, and
in accordance with an approved area structure plan or outline plan, if applicable.
Minimum Parcel Size:
i.
The area on title at the time of passage of this Bylaw, whichever is greater; or
ii.
As determined by the Approving Authority and in accordance with an approved
area structure plan or outline plan, if applicable.
OS
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Maximum Parcel size:
i.
The area on title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority and in accordance with an approved
area structure plan or outline plan, if applicable.
16.2.5.3
Utility Servicing Criteria
As determined by the Approving Authority and in accordance with an approved area
structure plan or outline plan if applicable.
DEVELOPMENT REQUIREMENTS
16.2.6.1
Management Plan:
A management plan may be required by the Approving Authority to outline the use of
the land, how the land will be maintained, who is responsible for ongoing
maintenance, and any other items deemed appropriate by the Approving Authority.
All development permit applications must conform to the management plan on lands
where a management plan has been approved.
16.2.6.2
Maximum Lot Coverage
As determined by the Approving Authority, in accordance with an approved area
structure plan or outline plan if applicable.
16.2.6.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of the Municipal Road.
iv. 15m (49.21 ft) from the property line from an Internal Road.
v.
As determined by the Approving Authority in conformance with an approved Area
Structure Plan.
Side Yard Setbacks:
i.
15m (49.21 ft) from the property line.
Rear Yard Setbacks:
i.
15m (49.21 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
16.2.6.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
16.2.6.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
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16.2.6.6
Maximum Height of Structure:
Buildings - 10.67m (35 ft);
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft).
SPECIAL REQUIREMENTS
16.2.7.1
Management Plan:
All development permit applications must conform to a management plan if required
by the Approving Authority. Such management plan shall be prepared by the applicant
and approved by the Approving Authority prior to the time that an application for a
development permit is made.
16.2.7.2
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky bylaw.
16.2.7.3
Lot Drainage:
Lot grading and drainage shall be in accordance with Section 9.17 of this Land use
bylaw.
16.2.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
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16.3 ENVIRONMENTAL PROTECTION DISTRICT
PURPOSE AND INTENT
To provide for the preservation and protection of land determined to be environmentally
significant. These lands may be owned or managed by the County, an individual landowner,
condominium association, or public land trust and may require an Environmental
Management Plan approved by the Approving Authority outlining the use and management
of the lands.
GENERAL REQUIREMENTS:
16.3.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
16.3.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Agricultural general
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Accessory building - temporary
Accessory uses
Dwelling, temporary
Lot grading
Pathways
Private amenity space
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Utility services, minor
LAND USE REQUIREMENTS
16.3.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
16.3.5.2
In order to facilitate the purpose and intent of this district and ensure the management of
environmental protection uses within the District, the following applies to applications for
subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, and
if applicable, in accordance with an approved area structure plan or outline plan.
Minimum Parcel Size:
i.
The area on title at the time of passage of this Bylaw, whichever is greater; or
ii.
As determined by the Approving Authority, and in accordance with an approved
area structure plan or outline plan, if applicable.
EP
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Maximum Parcel size:
i.
The area on title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority, and in accordance with an approved
area structure plan or outline plan, if applicable.
16.3.5.3
Utility Servicing Criteria
As determined by the Approving Authority, and if applicable, in accordance with an
approved area structure plan or outline plan.
DEVELOPMENT REQUIREMENTS
16.3.6.1
Management Plan
A management plan may be required by the Approving Authority to outline the use of
the land, how the land will be maintained, who is responsible for ongoing
maintenance, and any other items deemed appropriate by the Approving Authority.
All development permit applications must conform to the management plan on lands
where a management plan has been approved.
16.3.6.2
Maximum Lot Coverage
As determined by the Approving Authority, and if applicable, in accordance with an
approved area structure plan or outline plan.
16.3.6.3
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater;
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft.) from the centreline of the Municipal road;
iv. 15m (49.21 ft.) from the property line from an internal road
Side Yard Setbacks:
i.
15m (49.21 ft.) from the property line
Rear Yard Setbacks:
i.
15m (49.21 ft.) from the property line
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
16.3.6.4
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
16.3.6.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
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16.3.6.6
Maximum Height of Structure:
Buildings - 12m (39.37 ft.)
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft.)
SPECIAL REQUIREMENTS
16.3.7.1
Management Plan:
All development permit application must conform to a management plan if required
by the Approving Authority. Such management plan shall be prepared by the applicant
and approved by the Approving Authority prior to the time that an application for a
development permit is made.
16.3.7.2
Lighting:
All lighting must be in accordance with Section 9.15 of the Land use bylaw and with
the Municipal Dark Sky Bylaw;
16.3.7.3
Lot Drainage:
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
16.3.7.4
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use.
EXCEPTIONS:
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SECTION 17 SERVICE AND UTILITY DISTRICTS
17.1 SERVICE DISTRICT
PURPOSE AND INTENT
To provide for a broad range of public and private institutional and community services and
facilities including but not limited to education, health, government, cultural activities,
religious assemblies and other institutional facilities and services.
GENERAL REQUIREMENTS:
17.1.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
17.1.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings not requiring a
development permit
Educational services, Public/Separate
Government services
Hospital
Park
Protective and emergency services
Public works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Accessory buildings requiring a development
permit
Accessory use
Assembly use
Cemetery
Commercial school or college
Community buildings and facilities
Community services
Conference centre
Convenience store (accessory to principal use)
Crematorium
Cultural facilities
Child Care Facility
Dwelling, single family dwelling
Dwelling, temporary
Educational services, Private/Charter
Funeral home
Group home, limited
Group home, major
Health care services
Home Based Business I
Home Office
Library and exhibit
Lot grading
Recreation, indoor (accessory to principal use)
Recreation, outdoor (accessory to principal use)
Religious assembly
Residential care facility
SD
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PERMITTED USES
DISCRETIONARY USES
Restaurant (accessory to principal use)
Retail store (accessory to principal use)
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Special care facility
Special event
Utility services, minor
LAND USE REQUIREMENTS
17.1.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
17.1.5.2
In order to facilitate the purpose and intent of this district and ensure the comprehensive
and sustainable development of services within the District, the following applies to
applications for subdivision:
Parcel Density:
i.
Parcel density requirements shall be determined by the Approving Authority, and
if applicable, in accordance with an approved area structure plan or outline plan.
Minimum Parcel Size:
i.
The area on title at the time of passage of this Bylaw, whichever is greater; or
ii.
As determined by the Approving Authority and in accordance with an approved
area structure plan or outline plan, if applicable.
Maximum Parcel size:
i.
The area on title at the time of passage of this Bylaw, whichever is lesser; or
ii.
As determined by the Approving Authority and in accordance with an approved
area structure plan or outline plan, if applicable.
17.1.5.3
Utility Servicing Criteria
As determined by the Approving Authority and in accordance with an approved area
structure plan or outline plan, if applicable.
DEVELOPMENT REQUIREMENTS
17.1.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
17.1.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft) from the centreline of the Municipal road.
iv. 15m (49.21 ft) from the property line from an internal road; or
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v.
Front yard setback may be altered in conformance with an approved Area
Structure Plan.
Side Yard Setbacks:
i.
6 m (19.69 ft) from the property line.
Rear Yard Setbacks:
i.
6m (19.69 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
17.1.6.3
Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
17.1.6.4
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
17.1.6.5
Maximum Height of Structure:
Buildings - 12m (39.37 ft);
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft).
SPECIAL REQUIREMENTS
17.1.7.1
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
17.1.7.2
Lot Drainage:
Lot grading and drainage shall be in accordance with Section 9.17 of this Land use
bylaw.
17.1.7.3
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTIONS:
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17.2 PUBLIC UTILITY DISTRICT
PURPOSE AND INTENT
To accommodate public and private utilities and facilities needed to serve the County.
GENERAL REQUIREMENTS:
17.2.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
17.2.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Agricultural, general
Park
Private amenity space
Public works
Recycling, collection point
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Utility services, minor
Utility building
Waste management, minor
Accessory uses
Lot grading
Recreation, outdoor
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Utility services, major
Waste management, major
LAND USE REQUIREMENTS
17.2.5.1
A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval for a Land Use Bylaw.
DEVELOPMENT REQUIREMENTS
17.2.6.1
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
17.2.6.2
Minimum Yard Setbacks Requirements
Front Yard Setbacks:
i.
6m (19.69 ft) from the property line.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
Side Yard Setbacks:
i.
6m (19.69 ft) from the property line.
Rear Yard Setbacks:
i.
6m (19.69 ft) from the property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
PUL
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17.2.6.3
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this bylaw for additional
setback requirements that may apply.
17.2.6.4
Maximum Height of Structure:
All buildings - 12m (39.37 ft);
Satellite dishes, radio antennas, internet towers and wind turbines - 16m (52.49 ft).
SPECIAL REQUIREMENTS
17.2.7.1
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky bylaw.
17.2.7.2
Lot Drainage:
Lot grading and drainage shall be in accordance with Section 9.17 of this Land use
bylaw.
17.2.7.3
Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use, and each use shall obtain a separate development
permit.
EXCEPTION
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17.3 FEDERAL/PROVINCIAL JURISDICTION DISTRICT
PURPOSE AND INTENT
To provide for lands that do not require a Development Permit when operating under the
jurisdiction of Federal legislation or Provincial legislation and to prescribe land uses and
regulations for these lands if they are no longer operating under the jurisdiction of
Federal or Provincial legislation whereby, they become subject to the Land Use Bylaw.
PERMITTED USES
17.3.2.1
Any use that is consistent with those uses, activities and operations prescribed in the
appropriate superior legislation;
DISCRETIONARY USES
17.3.3.1
All uses not exempt from municipal approval due to federal/provincial jurisdiction are at
the discretion of Council.
LAND USE AND DEVELOPMENT REQUIREMENTS
17.3.4.1
Standards of the development shall be at the discretion of Council.
17.3.4.2
If for any reason (including a change in use, ownership or legislation) lands to which this
land use applies become exempt from the superior legislation thus falling under approvals
of this Bylaw, the lands must be redesignated to the land use most compatible with the
current use of the parcel or parcels. In the interim, the most restrictive land use adjacent
to the lands shall apply and all development shall be considered a discretionary use until
the land is properly rezoned.
FPJ
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17.4 MUNICIPAL LAND/RESERVE DISTRICT
PURPOSE AND INTENT
To allow for schools, parks, community facilities, and recreation facilities on municipally
owned recreational or education properties, and land dedicated as school reserve,
municipal school reserve, community reserve, public reserve, and reserve pursuant to
the Municipal Government Act or its predecessors.
GENERAL REQUIREMENTS:
17.4.2.1
Refer to Section 4.2 "No Development Permit Required" in the Land Use Bylaw for uses
not requiring a development permit.
17.4.2.2
Refer to Section 9 and Section 10 respectively for the general and specific land use
regulations and provisions that apply to this District.
PERMITTED USES
DISCRETIONARY USES
Agriculture, General
Educational Services, Public/Separate
Park
Public Works
Recreation, Passive
Signs not requiring a development permit
Solar Power System, Private (Not requiring a
Development Permit)
Accessory Uses
Antenna Structures, Private
Community Building and Facility
Community Services
Educational Services, Private/Charter
Government Services
Lot Grading
Protective and Emergency Service
Recreation, Indoor
Recreation, Outdoor
Signs requiring a development permit
Solar Power System, Private (Requiring a
Development Permit)
Special Event
Utility Services, Minor
LAND USE REQUIREMENTS
17.4.5.1
Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
17.4.6.1
Maximum Height of Structures:
All buildings:
i.
12m (39.37 ft.);
Amateur radio antennas, Antenna structures, private and wind energy conversion
systems, personal (non-federally regulated):
i.
16m (52.49 ft.);
Or as determined by Council.
MLR
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17.4.6.2
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
Or as determined by Council.
17.4.6.3
Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48ft.) from the centre line of a Municipal Road.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
17.4.6.4
Corner Parcel Restrictions:
In accordance with Sections 9.27.9 - 9.27.12.;
Or as determined by Council.
17.4.6.5
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
Or as determined by Council.
SPECIAL PROVISIONS
17.4.7.1
The Approving Authority, may, as a condition of issuing a Development Permit impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Development setbacks.
Size and number of structures permitted on site.
Engineering requirements.
Requirements for evacuation and emergency response plans.
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Upgrades on municipal roads.
Mitigation of impacts on municipal roads;.
Noise.
Buffering.
Lighting.
Parking requirements.
Screening of facilities.
Proof of compliance with fire and safety codes inspections of the facility.
Any other condition that Council deems necessary.
17.4.7.2
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
Or as approved by Council
17.4.7.3
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
Or as approved by Council.
EXCEPTIONS:
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8
SECTION 18 DIRECT CONTROL DISTRICT
18.1 DIRECT CONTROL DISTRICT #1 (DC1)
PURPOSE AND INTENT
The purpose and intent of this district is to enable development in accordance with the Spruce
Meadows Area Structure Plan and to allow direct control by the Council over development on
the following lands that together comprise the Spruce Meadows Equestrian Centre:
Legal Description
Area (ac)
Lot, Block, Plan
Registered Owner
Ptn. SE 20-22-1
W5M and Ptn. N 20-
22-1 W5M
295.50
Lot 1, Block 2, Plan
1011285
Spruce Meadows
Ptn. SE 20-22-1
W5M
15.00
Lot 1, Block C,
Plan 9810485
Spruce Meadows
Ptn. SE 20-22-1
W5M
13.98
Lot 7, Block A,
Plan 0312600
Spruce Meadows
Ptn. SE 20-22-1
W5M
10.01
Lot 6, Block F,
Plan 9011302
Spruce Meadows Executive
(Charparo Tree Farm Ltd.)
Ptn. NE 17-22-1
W5M
19.46
North of Roadway Plan
1577JK, East of Block 6
on Plan 205LK, West of
the East 660 feet of
Quarter Section
Spruce Meadows
Ptn. NE 17-22-1
W5M
19.48
Block 6, Plan 205LK
Spruce Meadows
Ptn. SW 20-22-1
W5M
59.20
Lot 1, Block 2, Plan
1011927
Spruce Meadows Executive
(Charparo Tree Farm Ltd.)
Ptn. SE 20-22-1
W5M
19.03
South Half of Block E,
Plan 2231JK
Spruce Meadows Executive
Ptn. NW 17-22-1
W5M
32.89
Legal Subdivision 12
Spruce Meadows Executive
(Charparo Tree Farm Ltd.)
Ptn. NW 17-22-1
W5M
21.31
Legal Subdivision 11
SM Executive (Charparo
Tree Farm Ltd.)
TOTAL ACREAGE
505.86
DC#1
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PERMITTED USES
Accessory Building, Detached
Accessory Use
Administration Office
Agricultural (Intensive Use)
Agricultural, General
Animal Boarding Services
Animal Care Services
Apiary
Arena, Private
Arena, Limited Public
Business Offices
Club House
Commercial Business, accessory to the equestrian and sport facility
Child Care Facility
Drinking Establishment, accessory to the equestrian and sport facility
Dwellings, Detached Single Family
Education Centre
Educational and Interpretive Use
Event
Event, Private
Food Truck
Food Service, Accessory
Heli-pad
Home Office
Interpretive Pathway
Liquor Sales, accessory to the equestrian and sport facility
Mobile Sales Vehicle
Museum/Art Gallery
Natural Science Exhibits
Neighbourhood Pub, accessory to the equestrian and sport facility
Open Air Performance and Art Space, accessory to the equestrian and sport facility
Outdoor Café
Outdoor Display Area
Outdoor Storage, accessory to the equestrian and sport facility
Public Market
Public Works
Recreation, Passive
Recreational, Indoor
Recreational, Outdoor
Restaurant, accessory to the equestrian and sport facility
Retail Store, accessory to the equestrian and sport facility
Signs requiring a Development Permit
Solar Power System, Private (Not requiring a Development Permit)
Special Event
Temporary (short-term) Manure Storage
Utility Services (Minor)
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DISCRETIONARY USES
Additional uses at the discretion of Council
Additional Dwellings
Amusement and Entertainment Services
Arena, Commercial
Campground, Minor, accessory to the equestrian facility
Commercial Business, Not accessory to the equestrian and sport facility
Commercial Storage
Conference Centre
Cultural Facilities
Dog Park
Drinking Establishment, Not accessory to the equestrian and sport facility
Dwellings, Duplex
Dwelling, Temporary
Home Based Business I
Hotel
Intensive Vegetation Operation
Kennels, Private
Liquor Sales, Not accessory to the equestrian and sport facility
Man-made water bodies, private
Neighborhood Pub, Not accessory to the equestrian and sport facility
Open Air Performance and Art Spaces, Not accessory to the equestrian and sport facility
Park Model
Religious Assembly
Restaurant, Not accessory to the equestrian and sport facility
Retail Store, Not accessory to the equestrian and sport facility
Secondary Suite, Detached
Secondary Suite, Principal
Solar Power System, Private (Requiring a Development Permit)
Temporary Farm Help Accommodation
LAND USEREQUIREMENTS
18.1.4.1
Standards of development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.1.5.1
The maximum height of principal and accessory structures shall be at the discretion of
Council.
18.1.5.2
The Minimum Yard Setback Requirements shall be as follows:
40m from a Primary Highway.
10m from any other public roadway.
Or as determined by Council.
SPECIAL PROVISIONS
18.1.6.1
Landscaping and Screening:
Landscaping shall be completed as determined by Council.
Levels and methods of screening of the site shall be determined by Council.
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18.1.6.2
The Approving Authority, may, as a condition of issuing a Development Permit impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Number of guest rooms.
Maximum number of days of stay.
Number of employees.
Number of vehicle visits per day.
Number, duration and size of events permitted.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
Any other condition that Council deems necessary.
18.1.6.3
Noise:
Spruce Meadows is exempted from adherence to the Community Standards Bylaw
with regard to noise.
18.1.6.4
Lot Drainage:
Lot grading and drainage shall be in accordance with Section 9.17 of the Land Use
Bylaw and Section 6.2.3 of the Spruce Meadows Area Structure Plan or modified at
the discretion of Council.
18.1.6.5
Water and Wastewater Servicing:
Water and wastewater servicing shall be in accordance with Section 6.2.1 and 6.2.2
of the Spruce Meadows Area Structure Plan or modified at the discretion of Council.
PROCEDURE
18.1.7.1
Notwithstanding the procedure established for Development Permit applications in
Section 4, an application for a Development Permit in respect of the lands referred to in
Section 18.1.1 shall be referred by the Development Officer to the Council for its approval
or refusal.
18.1.7.2
There is no appeal to the Appeal Board from a decision of the Council on an application
for a Development Permit in respect of the lands referred to in Section 18.1.1.
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DEFINITIONS
EVENT PRIVATE - an exclusive event that is intended for friends, family and people
known to the hosts, and which may be attended by invitation only. This include corporate
events, family reunions, and weddings.
HELIPAD: a designated area, usually with a prepared surface, used for the takeoff,
landing or parking of helicopters. This does not include private or public Aerodromes or
Airports.
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18.2 DIRECT CONTROL DISTRICT #2 (DC2)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by the Council over
development on the following lands:
In Township 19, Range 28, West 4th Meridian:
The North Half Section 19 (excepting that portion as shown on the Land Use Map No. 29
as being within the Urban Fringe of the Town of High River);
Portion North Half Section 20;
Portion South Half Section 29;
Portion Section 30;
Portion Section 31;
All on the west side of the Highwood River and east of Highway No. 2A
The 58.84-acre portion of S.W. 19-19-28-W4, which lies west of the railway and east of
Highway #2A (as shown on Schedule A attached to Bylaw No. 136-90).
Ptn. SE 25-19-29-W4 - 122.18 acres
Plan 2110509, Block 1, Lot 1, NW 18-19-28-W4 (19.82 Acres)
PERMITTED USES
Nil
DISCRETIONARY USES (FOR EXAMPLE, BUT NOT LIMITED TO)
Abattoir, Minor
Abattoir, Major
Accessory Uses
Agricultural Distribution and Storage
Agricultural Processing
Auto Wreckers
Dwelling single family
-
no more than 2 such dwellings are permitted on a lot that is 32.4 ha (80 acres)
or more in size;
-
no more than 1 such dwelling is permitted n a lot that is less than 32.4 ha (80
acres) in size.
Extensive Agricultural Uses
Hazardous Industry
Inside Storage
Intensive Agricultural Uses
Cannabis Production
Cannabis Production, Micro
Cannabis Production, Nursery
Cannabis Production, Standard
Natural Resource Extractive Industry
Non-Labour Intensive Industry
Public Works
Scrap Metal Collection Centers
DC#2
REPEALED WITH
ADOPTION OF
BYLAW 44/2022
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18.3 DIRECT CONTROL DISTRICT #3 (DC3)
RETREAT, MEETING CONFERENCE AND TREATMENT
FACILITIES DISTRICT
PURPOSE AND INTENT
The purpose and intent of this District is to allow for development, use and operation of
private facilities for retreat, meeting, recreation and treatment of people and to allow for the
Direct Control by Council over development on the following lands:
NW ¼ SEC. 19, TWP. 22, RGE. 03, W5M, PLAN 9112080, BLOCK 1;
NW ¼ SEC. 19, TWP. 22, RGE. 03, W5M, PLAN 9610155, BLOCK 1;
NW ¼ SEC. 20, TWP. 22, RGE. 03, W5M, PLAN 1411233, BLOCK 1, LOT 1;
NW ¼ SEC. 36, TWP. 22, RGE. 03, W5M, PLAN 9712215, BLOCK 1;
NW ¼ SEC 30, TWP 20, RGE 28, W4M, PLAN 9913471, BLOCK 3
PERMITTED USES
Accessory Buildings not requiring a development permit
Agricultural, General
Accessory Uses to the Dwelling
Dwelling, Single Family
-
No more than 1 dwelling is permitted on a single lot less than 32.4 ha (80 ac) in size
Home Office
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
Utility services, minor
DISCRETIONARY USES
Administrative Office accessory to the use
Accessory Buildings, Detached
Accessory Use
Assembly Use
Agricultural, Intensive
Dwelling, mobile home on lots less than 80 acres in size
Dwelling, moved on,
Dwelling Unit
Country Residential Recreational Centers and Lodges
Conference Centre / Retreat
Golf Course
Home Based Business I
Interpretive Pathways
Lot Grading
Man-made water bodies, privates requiring a permit
Residential Care Facility
Temporary Structures for Special Events
Private Amenity Space
Personal Service
Public / Quasi Public Installations and Facilities
Secondary Suite, Detached
Secondary Suite, Principal
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
DC#3
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Special Events
LAND USE REQUIREMENTS
18.3.4.1
Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.3.5.1
Maximum Height of Structures
Principal buildings, first vehicle garage, and car ports:
10m (32.81 ft.)
Accessory Buildings and Arenas:
10.67m (35 ft.)
Radio antennas, internet towers and wind turbines:
16m (52.49 ft.).
Or as determined by Council
18.3.5.2
Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces (i.e. paved parking areas) shall cover more than forty (40) percent of the lot
area.
18.3.5.3
Minimum Yard Setback Requirements
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48ft.) from the centreline of a Municipal Road.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line; or
ii.
As determined by Council.
Rear Yard Setback
i.
15m (49.21 ft.) from property line; or
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.3.5.4
Corner Parcel Restrictions:
In accordance with Section 9.26.6.
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18.3.5.5
Other Minimum Setback Requirements:
See Section 9.2.7 "Special Setback Requirements" of Land Use Bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of a Development Authority, may interfere with the amenity of
adjacent uses.
18.3.5.6
Minimum habitable area per dwelling
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.3.6.1
Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.3.6.2
Nuisance:
No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.3.6.3
The Development Authority may, as a condition of issuing a Development Permit, impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Number of employees.
Number of temporary accommodation units.
Number of vehicle visits per day.
Number and duration of special events permitted.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking Requirements.
Screening of facilities.
18.3.6.4
Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Dark Sky Bylaw.
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18.3.6.5
Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
PROCEDURE
18.3.7.1
Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for development permit in respect of lands
referred to in Section 18.3.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.3.7.2
Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.3.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.3.7.3
There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.3.1.
DEFINITIONS - IN THIS REGULATION
ASSEMBLY USE: a use that is used by an association or organization for the meeting,
social or recreational activities of its members, and which may or may not include the
general public. Typical assembly uses include but are not limited to lodges, clubs and
service clubs.
CONFERENCE CENTRE / RETREAT: an establishment used for the holding of meetings,
conventions, seminars, workshops, products and trade shows, or similar activities, and
may include dining and lodging facilities for the use of participants, as well as compatible
accessory facilities.
GOLF COURSE: an outdoor establishment/development of varying size designed primarily
for the game of golf. Accessory uses include a pro shop, driving and/or practice facility,
food service, and other commercial uses typically associated with a golf course
clubhouse facility.
RESIDENTIAL CARE FACILITY: a residential facility which provides shelter and living
assistance for three or more persons in sleeping units with or without kitchenettes and
may include meals, housekeeping, personal care, transportation, pharmaceutical, and
recreation services. Such facilities may also contain shared kitchen and dining areas,
restaurant, personal service and convenience store uses.
PERSONAL SERVICE ESTABLISHMENTS: uses that provide personal services to an
individual that are related to the care and appearance of the body or the cleaning and
repair of personal effects. Typical uses include but are not limited to barber shops,
beauty salons, hairdressers, manicurists, aestheticians, tailors, dress makers, shoe
repair shops, dry cleaning establishments, and laundries but does not include health
services.
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18.4 DIRECT CONTROL DISTRICT #4 (DC4)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by the Council over
development on the following lands:
In Township 21, Range 29, West 4 Meridian:
Portion Northeast Quarter 24
PERMITTED USES
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES (FOR EXAMPLE, BUT NOT LIMITED TO)
Accessory Uses
Aerodrome / Airstrip (Private Use)
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.4.4.1
Standards of development shall be at the discretion of the Council.
PROCEDURE
18.4.5.1
Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.4.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.4.5.2
Notwithstanding the procedure established for the issuance of development permits in
Section 5 the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.4.1. The Council may approve a
development permit application with or without conditions or may refuse an application
for development permit.
18.4.5.3
There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.4.1.
DC#4
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18.5 DIRECT CONTROL DISTRICT #5 (DC5)
FOOTHILLS REGIONAL AIRPORT DISTRICT
PURPOSE AND INTENT
The purpose of this land use district is to allow for appropriate, aviation related development on
lands at the Foothills Regional Airport, as have been registered in accordance with the Canadian
Aviation Regulations, and to allow for the Direct Control by Council over development on the
following lands:
SW ¼ SEC. 19, TWP. 18, RGE. 28, W4M; PLAN 8011027
GENERAL REQUIREMENTS
All development on lands in the Airport District shall require a development permit with the
following exceptions:
Airport Operations, other than a terminal building
PERMITTED USES
DISCRETIONARY USES
Airside or Groundside
Accessory Buildings, accessory to the Airport
Administration Office, accessory to the Airport
or other approved use
Agricultural, General
Aircraft Parts Sales
Meteorological Installations
Military Operations - including cadets and
search and rescue
Navigational Aid Facilities
Protective and Emergency Services
Public Works
Signs, not requiring a development permit
Utility Services, Minor
Airside Only
Aerodrome/ Airstrip
Aerial Application and Spraying Operations
Aerial Photography Services
Air Ambulance
Air Cargo Facilities
Aircraft Service and Repair
Aircraft Charter Operations
Airport Operations
Aviation Fuel Dispensing Facility
Hangars or Aircraft Storage Facilities
Helicopter Operations
Terminal Building
Airside or Groundside:
Aircraft Sales, Leasing, and Rentals
Club House, accessory to the airport
Flight Training School
Hangar, Semi-Detached
Logistics and Distribution
Personal Storage, accessory to principal
aviation use
Restaurant, within Terminal Building
Sea-Can (on commercial lots only)
Signs requiring a development permit
Solar Power Equipment
Solar Power Facility
Special Events
Groundside Only:
Administration Office, aviation related
Agricultural, Intensive
Aviation Museum
Campground, Minor, accessory to the
airport
Commercial School, College or Training
Facility
Commercial Storage
DC#5
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Community Buildings and Facilities
Convenience Store
Education Centre
Food Service, accessory to the airport
Food Truck
Garage, Private
Industrial Manufacturing/ Processing
Industry, Light, aviation related
Outdoor Display Area, accessory to
approved business
Outdoor Storage
Private Amenity Space
Recreation, Indoor
Recreation Vehicle Storage
Restaurant
Retail
Store
(aviation
related
or
accessory to the airport)
Service Station
LOT DESIGNATIONS
18.5.5.1
Lots with assigned 'P' (Private) designation are intended for the purpose of supporting
and conducting personal aviation activities and storage of personal aircrafts.
18.5.5.2
Lots with assigned 'C' (Commercial) and 'N' (North) designations are intended for the
purpose of supporting and conducting Airside Development, such as aviation related
commercial businesses which require direct access to airside facilities.
18.5.5.3
Lots with assigned 'G' (Groundside) designation are intended for the purpose of
conducting Groundside Development and are encouraged to support businesses related
to aviation or uses complementary to the airport. These lots do not have direct access to
airside facilities; uses which require airside access should not be located on these lots.
DEVELOPMENT REQUIREMENTS
18.5.6.1
Development on all lots:
shall be contained within the boundary of the lot, including all structures, propane
tanks, septic tanks, and holding tanks.
shall comply with fire separation distances in accordance with the applicable Building
Code.
shall not include overnight accommodations and/or any dwelling unit; and
shall adhere to the Airport's stormwater technical memo.
18.5.6.2
Development on Private (P) and Commercial (C and N) lots:
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shall not contain a development which does not require access to airside facilities,
unless appropriate approval is first obtained.
18.5.6.3
Development on Private (P) lots:
shall not accommodate a commercial business, including the storage of business
materials, unless appropriate approval is first obtained.
shall be used for the purpose of conducting and supporting aviation related activities,
including but not limited to private hangars, and storage of aircraft(s) and flight
related equipment.
shall not be used for personal storage of non-aviation related items, materials,
equipment, or vehicles, unless an active and airworthy aircraft or aircraft actively
being built, re-built, or maintained is stowed within the hangar, or appropriate
approval for personal storage is first obtained. Personal storage includes but is not
limited to keeping of RVs, boats, motorcycles, hobby or inoperable vehicles, off-road
vehicles, or any other personal items. This does not include incidental temporary
uses, such as temporary parking of a personal vehicle while attending the hangar or
during active flight. Storage of non-aviation related items shall be accessory to and
subordinate to the principal aviation use of the subject lot.
18.5.6.4
Minimum Yard Setback Requirements applicable to the boundaries of the airport lands.
These setbacks do not apply to individual lots on the airport lands:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an internal subdivision road.
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft.) from the centre line of a Municipal Road.
iv. 40m (131.23 ft.) from the ultimate right-of-way of a Provincial Highway; or
v.
As determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from the boundary of airport lands; or
ii.
As determined by Council.
Rear Yard Setback
i.
15m (49.21 ft.) from the boundary of airport lands; or
ii.
As determined by Council.
18.5.6.5
Minimum Individual Lot Setback Requirements:
Minimum lot setback requirements apply to the individual lots on the airport and shall
comply with fire separation distances in accordance with the applicable Building
Code.
The Approving Authority may consider a semi-detached building on two adjacent lots
provided that the entire structure adheres to all applicable Building, Safety, and Fire
Codes standards, including appropriate fire separation at the common wall (party
wall);
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18.5.6.6
Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this Land Use Bylaw for
additional setback requirements that may apply.
18.5.6.7
The Approving Authority may require a greater yard setback for any use which, in the
opinion of the Approving Authority, may interfere with uses of adjacent lands.
18.5.6.8
Maximum Height of Structures shall be:
12m (39.37 ft.); or
as determined by the Obstacle Limitation Surfaces (see Section 11.2 - Airport
Protection Overlay and 18.5.8 Obstacle Limitation Surfaces), whichever is less.
SPECIAL PROVISIONS
18.5.7.1
Uses on the Airport shall not obstruct visibility by the emission of dust, smoke, water
vapour, blowing garbage or debris, or glare.
18.5.7.2
Garbage and waste must be stored in weatherproof and animal/bird proof containers
properly screened and located so they are easily accessible for containerized garbage
pickup.
18.5.7.3
Uses on the Airport shall not create a fire, explosive, or a radioactive hazard.
18.5.7.4
Until such time as piped water and sewer services are available at the airport, no overnight
accommodations will be contemplated, and development will be restricted to uses with
low water use requirements.
18.5.7.5
In determining whether a proposed development meets all the provisions of this district,
the Development Authority may consult Transport Canada, NavCanada, Alberta
Infrastructure, and other competent authorities, and shall be guided by any comments
provided.
OBSTACLE LIMITATION SURFACES
18.5.8.1
No person shall place, erect or construct, or permit the placement, erection or
construction of any building, development, structure, or object that exceeds the height
limitations of the Obstacle Limitation Surfaces, as defined within Section 11.2: Airport
Protection Overlay, unless appropriate municipal, provincial, and/or federal approval(s)
are first obtained.
DEFINITIONS
AERIAL APPLICATION AND SPRAYING OPERATIONS means a business which involves spraying crops
from an aircraft.
AERIAL PHOTOGRAPHY SERVICES means a business which collects imagery using an aircraft.
AIR AMBULANCE means an aircraft equipped to transport sick or injured people to a hospital during
an emergency.
AIR CARGO FACILITIES means a service designed to load and unload air cargo.
AIRCRAFT means a manned vehicle deriving lift from either wings or rotors, including airplanes,
helicopters, ultralights (both basic and advanced), gyrocopters, gliders (including those capable of
self-launch). For the purpose of this section, "Aircraft" excludes hot air balloons and unmanned units
such as drones and model aircrafts.
AIRCRAFT SERVICE AND REPAIR means a business which services or repairs aircraft.
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AIRCRAFT CHARTER OPERATIONS means a business which transports cargo or people who have
contracted to have exclusive use of the entire aircraft.
AIRCRAFT SALES, LEASING AND RENTALS means a business which sells, leases, or rents aircraft.
AIRSIDE DEVELOPMENT means development located with direct access to the taxiways and runways,
including hangars, tie-down areas, aprons, and fueling operations.
AIRPORT OPERATIONS means the necessary infrastructure for the operation of the airport including
runways, taxiways, aprons, navigational aids, weather stations, equipment and salt sheds, terminal
buildings and other similar uses.
AIRPORT REFERENCE POINT ELEVATION means the lowest threshold elevation point of the runway.
APRON means the area where aircraft are parked, unloaded, refueled and boarded.
AVIATION MUSEUM means a Museum dedicated to aviation and the aviation industry.
BASIC STRIP means the portion of each airport runway designated for landing and take-off under
non-emergency conditions.
FLIGHT TRAINING SCHOOL means a training facility dedicated to learning to pilot an aircraft.
GROUNDSIDE DEVELOPMENT means development on the Airport that does not have direct access
to the runways and taxiways.
HANGAR means a building which is used for storage of aircraft.
HANGAR, PRIVATE means a building which is used for storage of personal aircraft and related
materials. Private hangars are not to house a commercial business and are not to be used for
commercial storage.
HELICOPTER OPERATIONS means an area designated for the operation of a helicopter.
LOGISTICS AND DISTRIBUTION means a service provided for incoming and outgoing cargo.
METEOROLOGICAL AIR INSTALLATIONS means weather forecasting systems.
MILITARY OPERATIONS means use by the Canadian Armed Forces.
MODEL AIRCRAFT means an aircraft, including an unmanned aircraft commonly known as a drone,
the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or
launched into flight for recreational purposes and that is not designed to carry persons or other living
creatures.
OBJECT OF NATURAL GROWTH means natural vegetation including trees and shrubs.
OBSTACLE LIMITATION SURFACES means a series of surfaces that set the height limits for structures
or objects around an aerodrome. In Canada these surfaces include the Outer Surface, the Take-off
/ Approach Surfaces, and the Transitional Surfaces.
OUTER SURFACE means an imaginary circular-shaped surface, with a radius of 4000m (4km)
measured from the designated aerodrome reference point(s), which is located 45m above the
assigned reference point elevation of the airport.
RUNWAY means the strip which aircraft take-off and land.
TAKE-OFF / APPROACH SURFACES means the inclined plane abutting the end of each runway which
is the width of the runway at its beginning and angles out at 10 degrees from the lateral extension
of the basic strip. It ends at its intersection with the Outer Surface.
TAXIWAY means the surface which aircraft use to get to the runway from the apron.
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TERMINAL BUILDING means a building located at an airport where passengers can transfer between
ground transportation and air transportation.
TRANSITIONAL SURFACES means the complex surface along the sides of the runway strip that runs
parallel to the approach surface that slopes up to the outer surface.
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APPENDIX A - FOOTHILLS REGIONAL AIRPORT LOT DESIGNATION MAP
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APPENDIX B - AIRPORT PROTECTION OVERLAY AREA & OBSTACLE LIMITATION SURFACES
(Map Disclaimer: This Map illustrates the approximate Obstacle Limitation Surfaces and is not an exact representation of the Surfaces or
the Airport Protection Overlay area)
Take-off / Approach
Surfaces
Outer Surface
Transitional Surfaces
Highway 2
104 Street E
594 Avenue E
88 Street E
570 Avenue E
562 Avenue E
TOWN OF HIGH RIVER
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18.6 DIRECT CONTROL DISTRICT #6 (DC6)
PURPOSE AND INTENT
The purpose and intent of this district is to provide for industrial uses related to Natural
Resource Extraction on a site determined by the location of the resource and to allow Direct
Control by the Council over development on the following lands:
In Township 21, Range 03, West 5 Meridian: Portion Southeast Quarter 12 (as shown on
the attached Appendix "A");
In Township 20, Range 02, West 5 Meridian: Portion Southwest Quarter 17.
-
Excepting out Plan 0112173, Block 1
In Township 21, Range 28, West 4 Meridian: Portion Northwest Quarter 9.
In Township 21, Range 28, West 4 Meridian: Portion Southwest Quarter 16.
In Township 21, Range 28, West 4 Meridian: Portion East Half Section 16.
PERMITTED USES
Agricultural General
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES (FOR EXAMPLE, BUT NOT LIMITED TO)
Accessory Uses
Asphalt Plants
Concrete Plants
Dwelling Temporary
Public Works
Sand & Gravel Operations
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
All applications for permitted and discretionary uses shall be decided on by Council
REQUIREMENTS
18.6.4.1
Standards of development shall be at the discretion on the Council.
PROCEDURE
18.6.5.1
Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.6.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.6.5.2
Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.6.1. The Council may approve a
development permit application with or without conditions or may refuse an application
for development permit.
18.6.5.3
There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.6.1.
DC#6
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18.7 DIRECT CONTROL DISTRICT #7 (DC7)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council over
development on the following lands:
The 50.12 acre portion of S.W. 18-20-28-W4
PERMITTED USES
Accessory Uses
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES (FOR EXAMPLE, BUT NOT LIMITED TO)
Community Association Building
Essential Public Services
Small Scale Commercial - office spaces, convenience store, service station, liquor
store, food service only restaurant, indoor storage.
Parking Areas (at grade)
Signs
Solar Power System, Private (Requiring a Development Permit)
GENERAL
18.7.4.1
This District applies only to a development or proposed development within the ultimate
area shown on the Land Use Map 2028.
18.7.4.2
All development within the area requires a development permit. Notwithstanding the
procedure established for the issuance of development permits in Section 4 and Section
5, an application for a development permit in respect of the lands referred to in Section
18.7.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.7.4.3
Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.7.1. The Council may approve a
development permit application with or without conditions or may refuse an application
for development permit.
18.7.4.4
The Council is not precluded from attaching any other conditions in accordance with the
land use bylaw to a development permit.
18.7.4.5
All applications for development within the area will require emergency access, lighting,
and landscaping plans to be submitted to the satisfaction of Council.
18.7.4.6
All applications for development within the area shall comply with the Silver Tip Area
Structure Plan.
18.7.4.7
There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.7.1.
18.7.4.8
Council will hold a public meeting prior to deciding on any application for the lands
described in Section 18.7.1.
DC#7
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18.8 DIRECT CONTROL DISTRICT #8 (DC8)
TELECOMMUNICATION AND RELATED FACILITIES
PURPOSE AND INTENT
The purpose and intent of this district is to allow for the operation of Telecommunication and
Related Facilities and to allow the Direct Control by Council over development on the following
lands:
-
PTN. SE 17-21-29-W4, (0.06 acre portion as shown on the attached Appendix "A");
-
PLAN 9911552, LOT 2, NW 09-19-29-W4 (22.96 ACRES)
PERMITTED USES
Accessory Buildings not requiring a Development Permit
General Agriculture
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Buildings requiring a Development Permit
Accessory Use (only to the primary use approved for the site)
Administration Office (accessory to primary use approved for the site)
Commercial Communication Equipment
Radomes
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Telecommunication Tower
Utility Building
LAND USE REQUIREMENTS
18.8.4.1
Standards of the land use shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.8.5.1
Minimum Area of Lot:
Where only a portion of a site is zoned DC #8, the area shown on the attached
Appendix "A".
Area shown on certificate of title where entire parcel is zoned DC #8.
18.8.5.2
Maximum Height of Structures:
All Buildings: 12m (39.37 ft.).
Other structures as determined by Council.
18.8.5.3
Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.8.5.4
Minimum Yard Setback Requirements for buildings:
Front Yard Setback:
i.
5m (16.40 ft.) from the right of way of an Internal Subdivision Road;.
DC#8
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ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48ft.) from the centre line of a Municipal Road.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
SPECIAL PROVISIONS
18.8.6.1
Federal / Provincial Approvals:
A copy of all Federal and/or Provincial approvals, permits, and licenses for the said
development on site shall be submitted to the County.
The landowner/applicant shall take all necessary measures to control nuisances
within the property boundary or approved site area.
Nuisance management must be conducted in accordance with all Federal and/or
Provincial approvals and permits and applicable policies and standards.
PROCEDURE
18.8.7.1
Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.8.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.8.7.2
Notwithstanding the procedure established for the issuance of development permit in
Section 5, the Council shall decide on all applications for development permits for lands
referred to in Section 18.8.1. The Council may approve a development permit application
with or without conditions or may refuse an application for development permit.
18.8.7.3
There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.8.1.
DEFINITIONS:
COMMERCIAL COMMUNICATION EQUIPMENT means equipment designed to transmit or receive
signals (electromagnetic or otherwise) for the express purpose of supporting or establishing
telecommunications systems for public or commercial use (federally regulated).
RADOMES means a protective dome shaped structure meant for housing one or more satellite
dishes, made of material with no attenuating properties that would affect electromagnetic
signals to and from the satellite dish(es).
SATELLITE ANTENNA means a three axis, parabolic, tracking antenna and attendant processing
equipment for reception and transmission of electromagnetic radio signals from and to orbiting
satellites.
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RED AREA = 0.06 ACRE TELECOMMUNICATION TOWER SITE
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18.9 DIRECT CONTROL DISTRICT #9 (DC9)
PURPOSE AND INTENT
The purpose and intent of this district is to enable the Council to regulate and control,
pursuant to Section 641 of the Act, the development of a campground upon lands
described as:
That portion of the South West Quarter of Section 26 in Township 21, Range 28, West of
the 4th Meridian which Lies to the North of the Highwood River and to the South of the
Roadway, Containing 8.6 hectares (21.3 acres) more or less.
Excepting thereout:
Plan number
Hectares
Acres
Subdivision 9111447 1.37
3.39
Exception there out all mines and minerals
STATUTORY PLANS
18.9.2.1
The development of lands and buildings within this district shall be consistent with any
applicable statutory plan.
DEVELOPMENT PERMITS
18.9.3.1
Notwithstanding anything in this Bylaw, an application for a development permit in respect
of the lands referred to in Section 18.9.1 shall be referred by the Development Officer to
the Council for its consideration. No development shall be undertaken in this District
unless and until a development permit has been issued.
18.9.3.2
The Council may approve a development permit application with or without conditions or
may refuse an application for development permit.
18.9.3.3
There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.9.1.
DEVELOPMENT STANDARDS
18.9.4.1
Standards of development shall be at the discretion of the Council. In default of any
requirement by the Council, the minimum requirements set out hereunder shall apply.
18.9.4.2
Area of Lot:
Area shown o Certificate of Title; or
Area allowed for by Bylaw amending this section.
18.9.4.3
Minimum Yard Setback Requirements:
Front Yard Setback
i.
5m (16.40 ft.) from an Internal Subdivision Road - Property Line
ii.
64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iii. 48m (157.48 ft.) from the centre line of a Municipal Road
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
DC#9
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Side Yard Setback:
i.
15m (49.21 ft.) from property line
Rear Yard Setback
i.
15m (49.21 ft.) from property line
DEFINITIONS
18.9.5.1
Notwithstanding anything contained elsewhere in the Land Use Bylaw, the following
definitions apply to this section and to any development permit that may be issued
pursuant to this section:
Campground has the meaning given to that term in Section 2.5 "Definitions", except that Council
may designate some of the camping sites as "long term camping sites". More information on
Campgrounds can be found in Section 10.6 of this bylaw.
Convenience Store means a store set up to provide basic needs for the convenience of only those
persons occupying the campground from time to time.
Day Amenities means grounds and facilities intended for the use of persons who use the campground
only between the hours of 6:00 a.m. and 11:00 p.m. on any day and does not include use of such
grounds and facilities for overnight camping.
Laundromat means a self-service laundry facility intended for use only by occupants of the
campground.
Long Term Camping Sites means designated camping sites for the purpose of providing long-term
camping accommodation, between April 16th and October 31st of each year, for recreational vehicles
or tents.
Office means a place set up for occupancy registration and information.
Park and Playground means an area of open land intended to be used for outdoor recreational
purposes.
Recreational Vehicle - see Section 2.5 "Definitions" for a definition of recreational vehicle" The
definition for the purposes of this district does not include a boat. More information on recreation
vehicle storage can be found in Section 10.18 of this bylaw.
Short Term Camping Sites means designated camping sites for the purpose of providing short-term
accommodation of no more than 16 consecutive days during any 30 day period, for recreational
vehicles or tents.
Washroom means a structure with running water and toilet facilities for use by occupants of the
campground only.
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18.10 DIRECT CONTROL DISTRICT #10 (DC10)
PURPOSE AND INTENT
The purpose and intent of this district is to guide the development and operation of the
Recreation Vehicle Park and to allow for the Direct Control by Council over development on the
following lands:
Plan 0311515, E ½ 24-20-29 W4M
Plan 9410556, Block 3; S.E. 24-20-29 W4
Plan 1310433, Block 7, Lot 1; S.E. 24-20-29 W4
Plan 9412581, Block 4, Lot 1, S.E. 24-20-29-W4
Plan 9412581, Block 4, Lot 2, S.E. 24-20-29-W4
Plan 9412581, Block 5, Lot 1, S.E. 24-20-29-W4
Plan 9511238, Block 6, Lot 1, S.E. 24-20-29-W4
PERMITTED USES
Recreation Vehicle (excluding Park Models)
Signs not requiring a Development Permit
Home Office
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Buildings / Uses
Agriculture, Intensive Arena, Commercial
Business / Administrative Office
Concession / Food Court
Convenience Store / Services
Convention Facility
Country Recreational Centre / Lodge
Dwelling single family,
-No more than 1 such dwellings are permitted on a lot that is less than 32.4 ha (80
acres) in size.
Equestrian Uses
Maintenance Shop
Park Model
Pathways - Equestrian/People
Retail Kiosk
Recreation Vehicle Park Business
Screening
Signs requiring a development permit
Short Term Campground
Solar Power System, Private (Requiring a Development Permit)
Staging Kitchen
Storage Utilities
Wash Areas
Washrooms
DC#10
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REQUIREMENTS
18.10.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS - GENERAL
18.10.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by Bylaw amending this section.
18.10.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
5m (16.40 ft.) from an internal subdivision road - property line.
ii.
64m (209.97ft.) from the centre line of a Municipal Road, Major.
iii. 48m (157.48 ft.) from the centre line of a Municipal Road.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centre line
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Please refer to the Special Provisions section below for setbacks for units under
Plan 0311515, E ½ 24-20-29 W4M.
18.10.5.3 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this Land Use Bylaw for
additional setback requirements that may apply.
SPECIAL PROVISIONS REGARDING THE RECREATION VEHICLE PARK LOCATED ON PLAN
0311515, E ½ 24-20-29 W4M
18.10.6.1 Minimum Yard Setback Requirements for each of the 289 Units:
Front Yard Setback:
i.
5m (16.40 ft.) from a private road - property line.
ii.
1m (3.28ft) from an internal subdivision road - property line.
iii. Or as determined by Council.
Side Yard Setback:
i.
0.3m (1.0 ft.) from property line.
ii.
Or as determined by Council.
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Rear Yard:
i.
0.3m (1.0 ft.) from property line.
ii.
Or as determined by Council.
18.10.6.2 Minimum Yard Setback Requirements for the Common Property:
Front Yard Setback:
i.
5m (16.40 ft.) from the property line adjacent to a private road.
ii.
5m (16.40 ft.) from the property line adjacent to a Municipal Road.
iii. 40m (131.23 ft.) from the ultimate right of way or 70m from the centreline of a
Provincial highway, whichever is greater
iv. Or as determined by Council.
Side Yard Setback:
i.
1.5m (4.9 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback
i.
1.5m (4.9 ft.) from property line.
ii.
Or as determined by Council.
18.10.6.3 Each Unit Owner shall ensure that all development complies with the Land Use Bylaw and
approved development permit(s).
18.10.6.4 Any proposed development that does not align with the Land Use Bylaw and approved
development permit(s) shall first obtain a separate development permit approval from
Foothills County, in accordance with 18.10.6.3.
18.10.6.5 Any new Condominium Corporation bylaws or rules, or amendments to the existing
Condominium Corporation bylaws, or rules shall be filed with Foothills County within
fifteen (15) days of their passage or adoption.
18.10.6.6 The condominium bylaws or rules shall include the following provisions:
Unit Owners shall consent in writing to the removal of any Recreation Vehicle and
Park Model located on a Unit in case of a flood which threatens to cause damage to
the Recreation Vehicle or Park Model; and
Unit Owners shall comply with the emergency response plan to be prepared and
updated annually by the Board and completed to the satisfaction of the County.
18.10.6.7 The emergency response plan shall be updated annually by the Condominium Corporation
Board and provided to the County by October 15 of each year. The emergency response
plan shall include the following provisions:
A list of the Units that will be occupied during park closure;
The contact information for a primary contact who will be on site during park closure;
and
The emergency response plan shall include a 24-hour and 48-hour flood emergency
response plan.
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18.10.6.8 A restrictive covenant in a form satisfactory to the County shall be registered against the
title to all Units that will be located wholly or partially within the one 1:100 year floodway
to the effect that no development of any kind whatsoever, whether temporary or
permanent will be permitted on any such Unit without the consent of both the
Condominium Corporation Board and the County, which consents may be granted upon
conditions including a condition that the Unit Owner grant releases (including an
indemnity) from and against any and all claims for damages suffered by the Unit Owner
or any other person by reason of the Unit being wholly or partially located within the one
1:100 year floodway.
18.10.6.9 A stormwater management plan may be required for any development proposed within
the Recreation Vehicle Park.
18.10.6.10 The Recreation Vehicle Park is open from April 1st to October 31st each year. There shall
be no occupancy of the Units when the park is closed for the season from the date of
November 1st to March 31st each year, notwithstanding section 18.10.6.11 and
18.10.6.12, and 18.10.6.13.
18.10.6.11 There shall be no permanent occupancy of Recreation Vehicles located on Units within
the Recreation Vehicle Park.
18.10.6.12 Unit Owners may occupy their Recreation Vehicle or Park Model as early as March 14 and
as late as November 14 provided they have written approval from the Condominium
Corporation Board.
18.10.6.13 A maximum of eight (8) Units may be occupied during park closure (November 1st to
March 31st each year) provided the following provisions are met:
A master development permit is obtained to allow occupancy during park closure;
Recreation Vehicles and Park Models shall be certified as Habitable for winter
occupancy to the satisfaction of the Condominium Corporation Board; and
The Unit Owners shall meet the criteria for long-term occupancy established and
enforced by the Condominium Corporation Board, as established in the Condominium
Corporation Bylaws of Corporation No. 0311515 and the Minimum Housing and
Health Standards for Winter Occupancy at the Recreation Vehicle Park.
18.10.6.14 The term for the master development permit shall be for a minimum of five (5) years, and
Council may grant a longer term at their discretion.
18.10.6.15 Maximum Lot Coverage:
No building/structure or group of buildings/structures including accessory
buildings/structures, and impervious surfaces shall cover more than sixty (60)
percent of any Unit; or
As determined by Council.
18.10.6.16 Unit Owners may operate a Recreation Vehicle Park Business out of their Unit if the
following provisions are met:
Unit Owners shall request in writing and be granted permission from the
Condominium Corporation Board to operate a Recreation Vehicle Park Business out
of their Unit;
The Unit Owner shall provide services only to other Unit Owners within the Recreation
Vehicle Park within Plan 0311515;
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All employees of the business must be residents of the Recreation Vehicle or Park
Model that the business operates out of;
No outdoor storage of business materials are situated on the property; and
No traffic is generated by the business.
PROCEDURE
18.10.7.1 Notwithstanding the procedure established for Development Permit applications in the
Land Use Bylaw, an application for a development permit in respect of the lands referred
to in Section 18.10.1 shall be referred by the Development Officer to Council for its
decision.
18.10.7.2 Notwithstanding the procedure established for the issuance of Development Permits in
the Land Use Bylaw, Council shall decide on all applications for Development Permits for
lands referred to in Section 18.10.1. Council may approve a Development Permit
application with or without conditions or may refuse an application for Development
Permit.
18.10.7.3 There is no appeal to the Development Appeal Board from a decision of Council on an
application for a Development Permit in respect of the lands referred to in Section
18.10.1.
DEFINITIONS - IN THIS DISTRICT:
Arena, Commercial - see Section 2 "Interpretations for definitions of, "arena,
commercial". More information on riding arenas can be found in Section 10.3 of this
bylaw.
Concession / Food Court - means a small area within a building where fast food & beverages
are offered for sale over the counter any may provide for a seating area. However, this is not
to be construed as a restaurant;
Condominium Corporation - means the condominium corporation constituted under the
Condominium Property Act, RS.A, 2000, c. C-22, by the registration of the Condominium
Plan 0311515.
Condominium Corporation Board - means the Board of Directors of the Condominium
Corporation;
Convenience Store / Services - means a store set up to provide for the basic needs of
those people occupying the Recreational Park and Country Recreation Centre / Lodge.
This would not be open to the general public and may include laundry and washroom
facilities.
Convention Facility - means a building or facility available for the purposes of assembly,
culture, instruction, and educational, social and recreational activity, and may include
entertainment which in ancillary to the above-stated purposes.
Country Recreational Centre / Lodge - means a building which provides for short-term or
occasional lodging and boarding of patrons. This building would include accessory facilities to
the prime or principal use and intended for patrons of the Recreational Centre / Lodge.
Equestrian Uses - means uses that may include boarding, training / lessons, horse rentals,
wash areas, manure / composting area, trail riding, to allow veterinary and farrier
services and the necessary accessory buildings and uses, such as but not limited to, wash
areas, box stalls, holding pens, paddocks, jumping course, outdoor riding rings, tack rooms.
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Habitable - means a recreation vehicle that is determined to be suitable for a person to
live in all year, in accordance with the Minimum Housing and Health Standards for Winter
Occupancy and the minimum safety codes for recreation vehicles, to the satisfaction of the
Condominium Corporation Board.
Park Model - means a Recreation Vehicle that conforms to the Canadian Standards
Association CAN/CSA Z241 Series and is designed for seasonal camping with a gross
floor area no greater than 50 square metres (538 sq. ft.) when in set-up mode and is not
permitted to be placed on a permanent foundation. Each Park Model must ensure that the
axels, wheels and hitch remain on each unit, no exceptions. Each Park Model must be
moveable or secured to the satisfaction of the approved emergency response plan
(ERP).
Recreation Vehicle - see Section 2.5 "Definitions" in this Land Use Bylaw for definitions
of Recreation Vehicle. More information on recreation vehicle storage can be found in
Section 10.18 of this Bylaw.
Recreation Vehicle Park - means the development designed and intended to be used for
long term location of Recreation Vehicles and Park Models located within E ½ 24-20-29
W4M Plan 0311515, between April 1st and October 31st of the year.
Recreation Vehicle Park Business - means an office situated within a Park Model or
Recreation Vehicle that is located within the Recreation Vehicle Park located within Plan
0311515 and where the business or service offered is provided to other Unit Owners
within the Recreation Vehicle Park only.
Retail Kiosk - means a small open structure within an existing building used to display and
sell merchandise to the public and includes the storage of merchandise on or about the
premises in quantities sufficient only to supply the establishment.
Screening - means the deck is permitted to have an engineered roof, however, is not
permitted to be enclosed at any time, except commercially manufactured metal framed
screen rooms.
Short Term Campground - means the development for the purpose of providing short-
term accommodation, no more than 16 days, for Recreational Vehicles or tents. This
campground is not construed to mean a development for the purpose of accommodating
long-term or permanent occupancy.
Staging Kitchen - means a facility for the second-stage preparation (i.e.: warming and
arranging) of food which has been cooked off-site and transported to the kitchen).
Unit - means a lot created by way of legal survey and registered at Alberta Land Titles
that is located within Condominium Plan 0311515 intended for the accommodation of a
Recreation Vehicle or Park Model for temporary residence or seasonal use.
Unit Owner - means a person or corporation who is registered as the owner of a Unit in
the Condominium Plan within Plan 0311515.
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18.11 DIRECT CONTROL DISTRICT #11 (DC11)
PURPOSE AND INTENT
The purpose and intent of this district is to allow for a wide range of commercial uses
consistent with the Heritage Pointe Area Structure Plan and Direct Control by the Council
over the development on the following lands (Heritage Pointe Commercial Site):
In Township 22, Range 29, West 4 Meridian:
Portion of Fractional South Half Section 6;
In Township 22, Range 1, West 5 Meridian:
Portion of South East Quarter of Section 1
Total of 3.61 acres
PERMITTED USES
Convenience / Grocery Store
Public Works
Restaurants
Service Station
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Uses
Appliance Service and Repair
Auto Sales and Service
Business Offices (i.e. - Veterinarian, Medical Doctor, Dentist, Lawyer, Small Business
Centre)
Cannabis Retail Store
Community services (i.e. Fitness Facility, Library, Recycle)
Country Recreational Centre / Lodge
Day Care Center
Dwelling, Single Family
Farm Equipment and Sales
Hotel / Motel
Public Quasi Public Installations and Facilities
Retail and Wholesale Outlets (i.e. Post Office, Dry Cleaner, Beauty Salon/Spa, Coffee
Shop, Liquor Store, Video Store, Art Market)
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.11.4.1 Standards of the development shall be at the discretion of Council.
MINIMUM REQUIREMENTS
18.11.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by bylaw amending this section.
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18.11.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
4m (13.12 ft.) from an Internal Subdivision Road - Property Line
ii.
38m (124.67 ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setback:
i.
1.5m (4.92 ft.) from property line
Rear Yard Setback
i.
6m (19.69 ft.) from property line
MAXIMUM LIMITS
18.11.6.1 Number of Lots
At the discretion of Council
18.11.6.2 Height of Buildings:
12m (39.37 ft.) or
If higher than 12m, at the discretion of Council
18.11.6.3 Coverage of Lot:
60%
PROCEDURE
18.11.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for development permit in respect of lands
referred to in Section 8.11.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.11.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.11.1. The council may approve a development
permit application with or without conditions or may reuse an application for development
permit.
18.11.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.11.1.
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18.12 DIRECT CONTROL DISTRICT #12 (DC12)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council over
development on the following lands:
N.E. 29-18-02-W5
PERMITTED USES
Accessory Uses
Signage
Solar Power System, Private (Not requiring a Development Permit)
Sweet Gas Plant
DISCRETIONARY USES
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.12.4.1 Standards of the development shall be at the discretion of Council.
MINIUM REQUIREMENTS
18.12.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by bylaw amending this section.
18.12.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
5m (16.40 ft.) from an Internal Subdivision Road - Property Line
ii.
48m (157.48 ft.) from the centre line of a Municipal Road
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setback:
i.
15m (49.21 ft.) from property line
Rear Yard Setback
i.
15m (49.21 ft.) from property line
DC#12
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18.13 DIRECT CONTROL DISTRICT #13 (DC13)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council over the
development of the following lands:
In the Township 22, Range 4, West of the 5th Meridian:
Portion of the 145.35 acre (58.82 hectare) parcel located in the North West
Section of 17 east of Highway 762 as shown on Appendix A attached to Bylaw
No. 31/2004.
In the Township 21, Range 3, West of the 5th Meridian:
Portion of the 18.55 acre (7.506 hectare) parcel located in the North West
Section of 2 and a portion of the 10.0 acre (4.04 hectare) parcel located in the
South West Section of 2, west of Highway 22, as shown on Appendix B attached
to Bylaw No. 69/2007.
PERMITTED USES
Public Works
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Buildings and Uses
Extensive Agricultural Uses
Solar Power System, Private (Requiring a Development Permit)
Water Reservoir
Water Treatment and Distribution limited to lots found on the subject quarter as
created with Bylaw 7/2004.
Water Treatment and Distribution facility to service lots found within the Millarville
Crossing development.
Further uses as approved by the Foothills County Council
REQUIREMENTS
18.13.4.1 Standards of development shall be at the discretion of the Council.
PROCEDURE
18.13.5.1 Notwithstanding the procedure established for Development Permit applications in the
Section 4 and Section 5, applications for development in respect of the lands referred to
in Section 18.13.1 shall be referred by the Development Officer to the council for its
approval or refusal.
18.13.5.2 Notwithstanding the procedure established for the issuance of Development Permits in
Section 5 the Council shall decide on all applications for Development Permits with the
aforementioned lands referred to in Section 18.13.1 as shown in the attached Appendix
A of this District. The Council may approve a Development Permit application with or
without conditions or may refuse an application for Development Permit.
18.13.5.3 There is no appeal to the Development Appeal Board for a decision of the Council on an
application for a development permit in respect to the lands referred to in Section 18.13.1
DC#13
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18.14 DIRECT CONTROL DISTRICT #14 (DC14)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council over the
development of the following lands:
Ptn. E ½ NE 08-21-29w4 (83.91 acres)
Plan 0511416, Block 3, Lot 1, NE 08-21-29-W4 (3.16 acres)
Plan 0511416, Block 3, Lot 2, NE 08-21-29-W4 (3.14 acres)
PERMITTED USES
Agricultural General
Accessory Buildings
Dwellings Single Family
Dugout, Private
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Administration Office
Commercial - Agricultural Use
Equestrian Uses
Outdoor Assembly Area
Meeting / Banquet Area
Pathways - Equestrian / People
Retail Kiosk
Secondary Suite, Detached
Secondary Suite, Principal
Signage
Solar Power System, Private (Requiring a Development Permit)
Staging Kitchen
Washrooms
Western Equine Centre
REQUIREMENTS
18.14.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS
18.14.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by bylaw amending this section.
18.14.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
5m (16.40 ft.) from an Internal Subdivision Road - Property Line.
ii.
48m (157.48 ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
DC#14
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iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
Rear Yard Setback
i.
15m (49.21 ft.) from property line.
MAXIMUM LIMITS
18.14.6.1 Height of Buildings:
Western Equine Centre 18.29m (60 ft.).
Commercial Structures 10.67m (35 ft.).
PROCEDURE
18.14.7.1 Notwithstanding the procedure established for development permit applications in the
Section 4 and Section 5, applications for development in respect of the lands referred to
in Section 18.14.1 shall be referred by the Development Officer to the Council for its
approval or refusal.
18.14.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5 the Council shall decide on all applications for Development Permits with the
aforementioned lands referred to in Section 18.14.1. The Council may approve a
development permit application with or without conditions or may refuse an application
for development permit.
18.14.7.3 There is no appeal to the Development Appeal Board for a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.14.1.
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DEFINITIONS - IN THIS REGULATION:
Accessory Buildings / Uses - as described in Section 2 "Interpretations". More information on
Accessory buildings can be found in Section 9.2 of this bylaw.
Administration Office - means a specific area within the Western Equine Centre providing for the
day-to-day business operation of the facility.
Agricultural General - as described in Section 2 "Interpretations". See Section 10.1 of this bylaw
for more information on agricultural uses and livestock regulations.
Commercial, Agricultural Use - means two (2) buildings located on individual lots which provide
the public with goods and/or services primarily concentrated on the agricultural industry and may
include but are not limited to: small farm equipment sales, western clothing/saddle store, office
space, western theme art gallery and craft stores.
Dwelling, Single Family - as described in Section 2.5 "Definitions".
Dugout, Private - as described in Section 2 "Interpretations. See Section 9.18 for more
information on dugouts and man-made water features.
Equestrian Uses - means uses that may include training/lessons, wash areas,
manure/composting area, horse boarding and the necessary accessory building and uses, such
as but not limited to, wash areas, box stalls, holding pens, paddocks, outdoor riding rings and
tack rooms.
Meeting Area / Banquet - means an area within the Western Centre for the purposes of assembly,
culture, instruction, education and/or social activities which is ancillary to the Western Equine
Centre's primary function as indicated in this Section.
Outdoor Assembly Area - means a specific area available for the purpose of campfire gatherings,
contained outdoor entertainment and or activities.
Pathways, Equestrian / People - means defined and naturally surfaced linear trails for the
purposes of riding and/or walking.
Retail Kiosk - means a small, specified area within the Western Equine Centre used to display
and sell merchandise to the participants of each event and not to the general public and included
the storage of the merchandise on or about the premises in quantities sufficient only to supply
the establishment.
Signage - in accordance with Section 9.24, means a "Fascia Sign" to be placed directly on the
building in an area advantageous to the Western Equine Centre and to notify the public, and a
"Free-Standing Sign" to be erected at a location advantageous to the Western Equine Centre and
the public and conform to Section 9.24.
Staging Kitchen - means a facility for the second-stage preparation, warming ad arranging of
food, which has been cooked off-site and transported to the staging kitchen for distribution.
Western Equine Centre - means a building or facility geared toward Western Heritage themed
tourism and available for the purposes of assembly, culture, instruction, and educational, social
and recreational activities, and will include an area for banquets and entertainment focusing on
and displaying western heritage and culture such as but not limited to rodeo events.
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18.15 DIRECT CONTROL DISTRICT #15
PURPOSE AND INTENT
The purpose and intent of this district is to allow for the establishment and operation of
the Foothills County Hospice as a non-profit centre for the palliative and hospice care and
lodging of terminally ill patients and their families and the Direct Control by the Council
over the development on the following lands:
Plan 0512371, Block 2, Lot 1, N.E. 04-21-29-W4
Consisting of 8.4 acres (3.39 hectares)
PERMITTED USES
Palliative Care Centre
Signs not requiring a Development Permit
DISCRETIONARY USES
Accessory Uses
REQUIREMENTS
18.15.4.1 Standards of development shall be at the discretion of the Council.
PROCEDURE
18.15.5.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.15.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.15.5.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.15.1. The Council may approve a
development permit application without conditions or may refuse an application for
development permit.
18.15.5.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.15.1.
DC#15
REPEALED WITH
ADOPTION OF
BYLAW 04/2022
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18.16 DIRECT CONTROL DISTRICT #16 (DC16)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council over
development on the following lands:
Plan 9812782, Block 1, Ptn. N.W. 32-19-28-W4
Ptn. S.E. 05-20-28-W4
PERMITTED USES
Nil
DISCRETIONARY USES
Category "A"
Accessory Buildings
Accessory Use
Administrative Offices
Camping
Dirt Track Racing
Driving Schools
Mud Bogs
Parking
Safety Training
Show and Shines
Signage
Storage of Ground Maintenance Equipment
Vehicle Fabrication Facility for Racetrack Only
Vehicle Repair Facility for Racetrack Only
Warm Storage of Vehicles for Racetrack Only
Category "B" (Event Specific)
Auctions
Banquets
Birthday Parties
Concerts
Corporate Functions
Cutting Horse Futurities
Dances
Fashion Shows
Festivals
Flea Markets and Swap Meets
Fundraisers for Charity
Graduation Parties
Movie Productions
Music Competitions and Recitals
Music Videos
Rodeo Events
DC#16
REPEALED WITH
ADOPTION OF
BYLAW 07/2020
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18.17 DIRECT CONTROL DISTRICT #17 (DC17)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by the Council over
development on the following lands consistent with the policies in the Sanctuary on the
Bow Area Structure Plan:
Lot containing Angler's Lodge legally described by plan # post registration, as shown
on attached Appendix A outlined in black.
These lands consist of the Angler's Lodge community building. This building is intended
to support community activities and facilities for private and public use. This includes
but is not limited to providing opportunities for education, interpretation, private and
public functions, community meetings, fitness facilities, and supporting a small office,
kitchen, and storage area for a caretaker. The County shall not be responsible for
maintenance or ownership of any of the lands designated as direct control. The
ownership and maintenance of these lands is the responsibility of the Sanctuary on
the Bow Homeowner's Association or assigns (or as otherwise noted in title).
PERMITTED USES
Community Buildings and Facilities
Education and Interpretative Uses
Public works
Signs
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Restaurant
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.17.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS - GENERAL
18.17.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by Bylaw amending this section.
18.17.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
4m (13.12 ft.) from Internal Subdivision Road - Property Line.
ii.
48m from the Centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
Side Yard Setback:
i.
1.5 m
Rear Yard Setback
i.
Principal Building - 8m
DC#17
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MAXIMUM LIMITS
18.17.6.1 Number of Lots:
At the discretion of Council
18.17.6.2 Height of Buildings:
10 m; or
Greater than 10 m, at the discretion of Council.
18.17.6.3 Coverage of Lots
50%
18.17.6.4 Main Floor Area
Not to exceed 3000 ft2
PROCEDURE
18.17.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5 (of the Land Use Bylaw), an application for a development permit
in respect of the lands referred to above shall be referred by the Development Officer to
the Council for its approval or refusal.
18.17.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5 (of the Land Use Bylaw), the Council shall decide on all applications for
development permits with respect to the lands referred to above. The Council may
approve a development permit with or without conditions or may refuse an application for
development permit.
18.17.7.3 There is no appeal to the Development Appeal Board from a decision of Council on an
application for a development permit in respect of the lands referred to above.
DEFINITIONS:
Community buildings and facilities - means buildings and facilities which are available for the use
and enjoyment of the inhabitants of the County and the rural area for the purposes of assembly,
culture, and recreational activity.
Educational and interpretative use - means premises in which seasonal or occasional education
or training is provided utilizing both the natural environment and man-made physical elements
such as buildings, structures, roadways, paths, trails, etc., that together create the physical
character of an area.
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Direct Control Parcel
APPENDIX A
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18.18 DIRECT CONTROL DISTRICT #18 (DC18)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council for commercial
development on the following lands:
SE 04-19-28-W4; and
SW 04-19-28-W4, which lies to the east of subdivision Plan 3751C; south and east of
subdivision plan 6437HR.
PERMITTED USES
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Uses
Arena, Commercial
Automotive Related Industries (including but not limited to: Auto Body; Auto Repair;
Auto Sales; Car Wash; Service Station. Automotive Related Industries shall not be
unnecessarily restrictive in its application so as to prohibit Truck and Farm
Equipment Related Industries insofar as these comparable uses are permitted as
Automotive Related Industries.)
Bank
Business Office
Campground and Recreational Vehicle Park
Community Buildings and Facilities
Community Services
Farm Equipment Sales and Service
Farmers Market
Home Improvement Centre
Lumberyard
Recreational Vehicle / Watercraft Retailer
Restaurant
Retail Store
Signs Requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Theatre
Truck Stop
REQUIREMENTS
18.18.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS - GENERAL
18.18.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by Bylaw amending this section.
18.18.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
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i.
4m (13.12 ft.) from an internal subdivision road.
ii.
48m (157.48 ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
All other front yard setbacks - at the discretion of Council.
Side Yard Setback:
i.
1.5m (4.92 ft.)
Rear Yard Setback
i.
6.0m (19.69 ft.)
MAXIMUM LIMITS
18.18.6.1 Height of Buildings:
10m (32.81 ft.); or
if higher than 10m, at the discretion of Council
18.18.6.2 Coverage of Lot:
60%
PROCEDURE
18.18.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.18.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.18.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.18.1. The Council may approve a
development permit application without conditions or may refuse an application for
development permit.
18.18.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.18.1.
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18.19 DIRECT CONTROL DISTRICT #19 (DC 19)
PURPOSE AND INTENT
The purpose and intent of this district is to allow for the Direct Control by Council over the
development on the following lots (Miller Ag Supply):
Lot 1, Block 2, Plan 1011837 NE 35-20-29-W4M
Lot 2, Block 2, Plan 1011837 NE 35-20-29-W4M
PERMITTED USES
Accessory Uses
Business Offices
Public Works
Retail Store
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Uses
Convenience / Grocery Store
Agricultural Processing and Distribution
Storage
Auto Sales and Service
Farm Equipment Sales and Services
Public Quasi Public Installations and Facilities
Retail and Wholesale Outlets
Service Shops (electrical, plumbing and mechanical)
Service Station
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.19.4.1 Standards of the development shall be at the discretion of Council.
MINIMUM REQUIREMENTS
18.19.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by bylaw amending this section.
18.19.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from an Internal Subdivision Road - Property Line
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
DC#19
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Side Yard Setback:
i.
15m (49.21 ft.) from property line.
Rear Yard Setback
i.
15m (49.21 ft.) from property line.
MAXIMUM LIMITS
18.19.6.1 Number of Lots
At the discretion of Council
18.19.6.2 Height of Buildings:
10m (32.81ft.); or
If higher than 10m, at the discretion of Council
18.19.6.3 Coverage of Lot:
60%
PROCEDURE
18.19.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for development permit in respect of lands
referred to in Section 18.19.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.19.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.19.1. The council may approve a development
permit application with or without conditions or may reuse an application for development
permit.
18.19.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.19.1
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18.20 DIRECT CONTROL DISTRICT #20 (DC 20)
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by Council for commercial
development on the following lands:
NE 09-19-28-W4, PLAN 0716342, BLOCK 1, LOT 2
NE 09-19-28-W4, PLAN 0716342, BLOCK 1, LOT 3
NE 09-19-28-W4, PLAN 0716342, BLOCK 1, LOT 4
NE 09-19-28-W4, PLAN 1110565, BLOCK 1, LOT 7
SW 09-19-28-W4 (17.5 ACRES)
PERMITTED USES
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Uses
Automotive Related Industries
Business Offices
Indoor Storage Facilities
Manufacturing
Service Shops (electrical, plumbing, mechanical & welding)
Signs Requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Truck & Farm Equipment Sales & Service
Truck Stop
Warehouse
REQUIREMENTS
18.20.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS - GENERAL
18.20.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by Bylaw amending this section.
18.20.5.2 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from an internal subdivision road.
ii.
48m (157.48 ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
All other front yard setbacks - at the discretion of Council.
Side Yard Setback:
i.
15m (49.21 ft.)
DC#20
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Rear Yard Setback
i.
15m (49.21 ft.)
MAXIMUM LIMITS
18.20.6.1 Height of Buildings:
10m (32.81 ft.)
Or, if higher than 10m, at the discretion of Council
18.20.6.2 Coverage of Lot:
60%
PROCEDURE
18.20.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.20.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.20.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.20.1. The Council may approve a
development permit application without conditions or may refuse an application for
development permit.
18.20.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.20.1.
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18.21 DIRECT CONTROL DISTRICT #21 (DC 21)
PURPOSE AND INTENT
The purpose and intent of this district is to allow for a specific range of commercial and
business uses that are mutually beneficial to both the Town of Okotoks and MD of Foothills
with Direct Control by the M.D. of Foothills Council over development on the following lands
(Gold Medal Business Park)
In Township 20, Range 29, West 4 Meridian:
Portion of North East Quarter of Section 17
Total of 62.79 acres
PERMITTED USES
Nil
DISCRETIONARY USES
Accessory Uses
Agricultural Supply Depot
Animal Health Care Services
Appliance Service and Repair
Building Supply Center (Plan _________, Lot 6)
Business Offices
Commercial, Agricultural Use
Community Facility services
Convenience Store
Farm Equipment and Sales and Service
Live/Work Dwelling
Lot Grading
Mini Storage
Outside Storage
Public Quasi Public Installations and Facilities
Public Works
Recreation Vehicle Sales and Service
Restaurants (Plan _________, Lot 8)
Retail Stores
Signs
REQUIREMENTS
18.21.4.1 Standards of the development shall be at the discretion of Council. The Architectural
Development Guidelines for the business park shall be reviewed and approved by Council
and registered on the lands.
MINIMUM REQUIREMENTS
18.21.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by bylaw amending this section
18.21.5.2 Minimum Yard Setback Requirements:
DC#21
REPEALED WITH
ADOPTION OF
BYLAW 05/2022
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18.22 DIRECT CONTROL DISTRICT #22 (DC 22)
PURPOSE AND INTENT
The purpose and intent of this district is to allow for a wide range of commercial uses
consistent with the Priddis Meadows Area Structure Plan and Direct Control by Council over
the development on the following lands (Priddis Meadows Direct Control Lots):
Plan 0214370, Block 1, Lot 1 (5.65 acres more or less)
To be subdivided into 4 Direct Control Lots pursuant to the Priddis Meadows Area
Structure Plan.
PERMITTED USES
Accessory Buildings
Home Office
Single Family Dwellings
Signs not requiring a Development Permit
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Buildings and Uses
Home Based Business Type I
Home Based Business Type II
Home Based Business Type III
Bed and Breakfast
Convenience/Grocery Store
Restaurants
Appliance Service and Repair
Business Offices
Retail/Wholesale Outlets
Veterinary Clinic
Health Services
Community Services
Lot Grading
Public/Quasi Public
Public Works
Secondary Suite, Detached
Secondary Suite, Principal
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.22.4.1 Standards of the development shall be at the discretion of Council.
MINIMUM REQUIREMENTS
18.22.5.1 Area of Lot:
One acre; or
Area allowed for by bylaw amending this section.
18.22.5.2 Minimum Yard Setback Requirements:
Front Yard Setback
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i.
10m (32.80 ft.) from Priddis Ridge Road - Property line
ii.
15m (49.21 ft.) from Priddis Valley Road - Property line
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater; or
v.
The distance to the ultimate extent of the right-of-way as determined by Alberta
Transportation.
Side Yard Setback
i.
1.5m (4.92 ft.) from Property line; or
ii.
May be reduced to 0m (0ft.) at the discretion of Council.
MAXIMUM LIMITS
18.22.6.1 Number of Lots:
Four (as provided for in the Priddis Meadows Area Structure Plan);
18.22.6.2 Height of Buildings:
10m (32.80 ft.); or
If higher than 10m, at the discretion of Council.
18.22.6.3 Coverage of lot:
60%
PROCEDURE
18.22.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for development permit in respect of lands
referred to in Section 18.22.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.22.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.22.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.22.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.22.1.
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18.23 DIRECT CONTROL DISTRICT #23 (DC 23)
PURPOSE AND INTENT
The purpose and intent of the District is to allow for the establishment and operation of
a Church under the Direct Control of Municipal Council on the following lands:
N.W. 33-21-29-W4; W ½ LSD 13
Consisting of 16.17 acres, more or less
PERMITTED USES
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory uses
Church
Community services
Day care
Dwelling single family
Park & playground
Soccer academy & playing field
Solar Power System, Private (Requiring a Development Permit)
Special events
REQUIREMENTS
18.23.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS
18.23.5.1 Minimum Yard Setback Requirements:
Front Yard Setbacks:
i.
15m (49.21 ft.) from Internal Subdivision Road - Property Line.
ii.
48m (157.48 ft.) from the centreline of the Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
Side yard Setback:
i.
15m (49.21 ft.) from Property Line
Rear Yard Setback:
i.
15m (49.21 ft.) from Property Line
MAXIMUM LIMITS
18.23.6.1 Height of Buildings
No higher than 18.25m (59.86 ft.)
DC#23
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PROCEDURE
18.23.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.23.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.23.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.23.1. The Council may approve a
development permit application without conditions or may refuse an application for
development permit.
18.23.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.23.1.
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18.24 DIRECT CONTROL DISTRICT #24 (DC 24)
PURPOSE AND INTENT
The purpose and intent of the District is to allow for the Direct Control by the Council over
development on the following lot:
Lot 2, Block C, Plan 0113513
SE 05-21-29-W4M
PERMITTED USES
Signs not requiring a Development Permit
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Uses
Agricultural Processing and Distribution
Auto Sales and Service
Business Offices
Convenience / Grocery Store
Community Services
Farm Equipment Sales and Services
Public Works
Public Quasi Public Installations and Facilities
Retail Store
Retail and Wholesale Outlets
Service Shops (electrical, plumbing, and mechanical)
Service Station
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Storage
REQUIREMENTS
18.24.4.1 Standards of development shall be at the discretion of the Council.
MINIMUM REQUIREMENTS
18.24.5.1 Area of Lot:
Area shown on Certificate of Title; or
Area allowed for by Bylaw amending this section.
18.24.5.2 Minimum Yard Setback Requirements:
Front Yard Setbacks:
i.
4m (13.12 ft.) from Internal Subdivision Road - Property Line.
ii.
38m (124.67 ft.) from the centreline of the Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
DC#24
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Side yard Setback:
i.
1.5m (4.92 ft.) from Property Line.
Rear Yard Setback:
i.
15m (49.21 ft.) from Property Line.
MAXIMUM LIMITS
18.24.6.1 Number of Lots:
At the discretion of Council.
18.24.6.2 Height of Buildings:
12m (39.37 ft.); or
If higher than 12m, at the discretion of Council.
18.24.6.3 Coverage of Lot:
60%
PROCEDURE
18.24.7.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.24.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.24.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.24.1. The Council may approve a
development permit application without conditions or may refuse an application for
development permit.
18.24.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.24.1.
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18.25 DIRECT CONTROL DISTRICT #25 (DC 25)
PURPOSE AND INTENT
The purpose and intent of the District is to allow for the Direct Control by the Council, in
accordance with the Rocky Mountain Show Jumping Area Structure Plan (Bylaw 74/2011),
over development on the following Equestrian Centre at Anderson Ranch:
NE 5-22-01-W5M PLAN 5555HS BLOCK C (59.91 Acres)
NE 5-22-01-W5M PLAN 5555HS BLOCK B (25.03 Acres)
SE 8-22-01-W5M (40.0 Acres)
PERMITTED USES
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory uses
Country recreational centers and lodges
Dwelling Units
Indoor and outdoor show jumping tournaments
Man-made water bodies, private
Secondary Suite, Detached
Secondary Suite, Principal
Special events (i.e. - weddings, clinics, annual events)
Extensive agricultural uses
Intensive agricultural uses
Solar Power System, Private (Requiring a Development Permit)
REQUIREMENTS
18.25.4.1 Standards of development shall be at the discretion of the Council.
18.25.4.2 Setbacks for existing structures to property lines shall be as outlined in the Appendix
Figure to the Rocky Mountain Show Jumping ASP and are considered as existing non-
conforming.
PROCEDURE
18.25.5.1 Notwithstanding the procedure established for development permit applications in
Section 4 and Section 5, an application for a development permit in respect of the lands
referred to in Section 18.25.1 shall be referred by the Development Officer to the Council
for its approval or refusal.
18.25.5.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to the lands referred to in Section 18.25.1. The Council may approve a
development permit application with or without conditions or may refuse an application
for development permit.
18.25.5.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section 18.25.1
DC#25
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18.26 DIRECT CONTROL DISTRICT #26 (DC 26)
DOG KENNELS AND FACILITIES
PURPOSE AND INTENT
To allow for the development of Dog Kennels and Dog Facilities on lots with a single family
residence and to allow for the Direct Control by Council over development on the following
lots:
NW 16-19-26-W4M, PLAN 0810315, BLOCK 1, LOT 2
NW 30-19-26-W4
NW 31-20-26-W4
NE 03-22-01-W5, PLAN 1410872, BLOCK 1, LOT 6
SE 02-20-01-W5, PLAN 0711052, BLOCK 1, LOT 1
NW 01-20-02-W5, PLAN 0412085, BLOCK 1, LOT 1
SW 34-21-29-W4, PLAN 0112318, BLOCK 1, LOT 9
SE 33-19-28-W4, PLAN 9910436, LOT 1
PTN. PLAN 9310765, BLOCK 4, LOT 1, SW. 06-22-28-W4
NE 32-21-29-W4, PLAN 7610226, BLOCK 3
PERMITTED USES
Accessory Buildings not requiring a development permit (accessory to the Dwelling)
Agricultural, General
Accessory Uses to the Dwelling
Dwelling, Single Family
- No more than 1 such dwelling is permitted on a single lot less than 32.4 ha (80 ac)
in size
- No more than 2 such dwellings are permitted on a single lot 32.4 (80 ac) or greater
in size
Dwelling, Mobile Home
- Permitted use only on lots 32.4 (80 acres) or greater in size
Home Office
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
Temporary storage of up to 5 unoccupied recreation vehicles
Utility services, minor
DISCRETIONARY USES
Accessory Uses to the Dog Kennel or Dog Facility
Animal Shelter
Animal Care Services
Dog Daycare
Dog Park
Dog Training Facility
Dog Grooming
Dwelling, manufactured home - one only
- discretionary use only on lots less than 80 acres in size
Dwelling, moved on,
Home Based Business I
Kennel Private
Kennel Commercial
Lot Grading
DC#26
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Man-made water bodies, privates requiring a permit
Public Quasi Public Installations and Facilities
Secondary Suite, Detached
Secondary Suite, Principal
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Special Event (accessory to the Dog Kennel or Dog Facility use)
- discretionary use only on parcels over 21 acres in size
Temporary storage of between 6-10 unoccupied recreation vehicles
LAND USE REQUIREMENTS
18.26.4.1 A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
18.26.4.2 Standards of development shall be at the discretion of the Council.
DEVELOPMENT REQUIREMENTS
18.26.5.1 Maximum Height of Structures
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory Buildings and Arenas:
i.
10.67m (35 ft.)
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
18.26.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.26.5.3 Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary, where
the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary,
where the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
18.26.5.4 Minimum Yard Setback Requirements
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centreline of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
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Side Yard Setback:
i.
15m (49.21 ft.) from property line.
Rear Yard Setback
i.
15m (49.21 ft.) from property line.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.26.5.5 Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
18.26.5.6 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land Use Bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of the Approving Authority, may interfere with the amenity of
adjacent uses.
18.26.5.7 Minimum habitable area per dwelling
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.26.6.1 The Approving Authority may, when issuing a development permit, determine the
maximum number of dogs that may be kept on the premises at any one time by the
operator of a Dog Kennel or Dog Facility.
18.26.6.2 The Approving Authority may, when issuing a development permit set a period of time for
which the permit will remain valid and may include the option to apply for renewal at the
end of the term. See Section 4.7 for information regarding temporary uses.
18.26.6.3 The Approving Authority may, as a condition of issuing a Development Permit, impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Location and maximum size of facilities to be constructed.
Hours of "operation" - that is hours during which clients may visit the facility.
Number of non-resident employees.
Number of vehicle visits per day.
Hours during which animals must remain indoors.
Noise.
Buffering.
Lighting.
Manure management.
Screening of facilities.
18.26.6.4 In determining the number of dogs, pups less than six months of age shall not be included.
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18.26.6.5 Any building or exterior exercise area(s), to be used to accommodate the dogs as part of
a Commercial Kennel shall be located:
A minimum of 300m to any dwelling located on adjacent parcels; or
As determined by Council
18.26.6.6 All dogs, including pups shall be kept indoors between the hours of 9:00pm to 7:00am
daily unless supervised by at least one person per four dogs.
18.26.6.7 All dog facilities, including buildings and exterior exercise areas shall be located to the
rear of the principal building unless otherwise approved by the Approving Authority.
18.26.6.8 All dog facilities shall be visually screened by fences or landscaping from the existing
dwellings on adjoining lots.
18.26.6.9 Design Guidelines:
all development located within the Highway 2A Industrial Area structure plan (H2AI
Area Structure Plan) area shall comply with the Highway 2A Corridor Design
Guidelines (2021), as may be amended, or replaced by Council from time to time.
18.26.6.10 Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Dark Sky Bylaw.
18.26.6.11 Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
b. Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
PROCEDURE
18.26.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.26.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.26.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.26.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.26.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.26.1.
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18.27 DIRECT CONTROL DISTRICT #27 (DC 27)
HOME BASED BUSINESS TYPE III DISTRICT
PURPOSE AND INTENT
To allow for the development of Type III home based businesses to operate, on lots with a
single family residence and to allow for the Direct Control by Council over development on
the following lots:
NW 36-20-29-W4M, PLAN 0012098, BLOCK 1
SE 32-19-02-W5, PLAN 0910606, BLOCK 2, LOT 1
SE 24-21-29-W4, PLAN 1113203, BLOCK 1, LOT 1
NW 31-21-28-W4, PLAN 0112113, BLOCK 7, LOT 1
SE 26-21-01-W5, PLAN 0413714, BLOCK 2, LOT 3
SW 20-20-01-W5, PLAN 9412786, LOT 1
NW 21-20-28-W4, PLAN 9211875, BLOCK C
SW 21-20-03-W5, PLAN 9112603, BLOCK 3
NE 05-21-29-W4, PLAN 0312952, BLOCK 1, LOT 1
SE 14-20-01-W5, PLAN 1912019, BLOCK 2, LOT 2
SW 25-21.01-W5, PLAN 0010571, BLOCK 1, LOT 3
SW 01-21-29-W4, PLAN 0813661, BLOCK 4, LOT 7 (7.42 ACRE PTN. OF SITE)
NW 33-18-02-W5 (2.5 ACRE PTN OF SITE)
NE 01-20-29-W4 PLAN 9010611, BLOCK 13, LOT 2, (8.97 ACRES)
SW 30-20-27-W4, PLAN 1411521, BLOCK 1, LOT 1, (8.30 ACRES PTN.)
NW 01-19-28-W4 (13.95 ACRE PTN)
SW 12-22-29-W4, PLAN 1210863, BLOCK 1, LOT 2 (3.68 ACRES PTN.)
PERMITTED USES
Accessory Buildings not requiring a development permit (accessory to the Dwelling)
Agricultural, General
Accessory Uses to the dwelling
Dwellings, Single Family
-
No more than 1 such dwelling is permitted on a single lot less than 32.4 ha
(80 ac) in size
-
No more than 2 such dwellings are permitted on a single lot 32.4 (80 ac) or
greater in size
Dwelling, Mobile Home
-
Permitted use only on lots 32.4 (80 acres) or greater in size
Home based business Type I
Home based business Type II
Home Office
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
Temporary storage of up to 5 unoccupied recreation vehicles
Utility services, minor
DC#27
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DISCRETIONARY USES
Accessory Uses to the major home based business
Accessory Building to the major home based business
Dwelling, Mobile Home - one only
-
Discretionary use on lots less than 80 acres in size
Dwelling, moved on,
Home based business Type III
Kennel (Private)
Lot Grading
Man-made water bodies, privates requiring a permit
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Secondary Suite, Detached
Secondary Suite, Principal
Special Event (accessory to the business use)
-
Discretionary use only on parcels over 21 acres in size
Temporary storage of between 6-10 unoccupied recreation vehicles
Public Quasi Public Installations and Facilities
LAND USE REQUIREMENTS
18.27.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.27.5.1 Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.)
Accessory Buildings and Arenas:
i.
10.67m (35 ft.)
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
Or as determined by Council
18.27.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.27.5.3 Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary, where
the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
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Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary,
where the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
18.27.5.4 Minimum Yard Setback Requirements
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line
ii.
Or as determined by Council
Rear Yard Setback
i.
15m (49.21 ft.) from property line
ii.
Or as determined by Council
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.27.5.5 Corner Parcel Restrictions:
In accordance with Section 9.27.9 - 9.27.12.
18.27.5.6 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of the Approving Authority, may interfere with the amenity of
adjacent uses.
18.27.5.7 Minimum habitable area per dwelling;
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.27.6.1 Home based businesses do not include Cannabis Production or Cannabis Sales.
18.27.6.2 No more than six (6) non-resident employees working on the property; OR as determined
by the Approving Authority in Direct Control Districts;
18.27.6.3 Maximum of twelve (12) Business Visits per day; OR as determined by Approving Authority
in Direct Control Districts;
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18.27.6.4 A maximum of Twelve (12 business vehicles on the property per day; OR as determine by
the Approving Authority in Direct Control Districts.
18.27.6.5 The business or occupation must be conducted within a dwelling and/or accessory
building(s) or on a parcel on which a dwelling is located and where one or more residents
of the parcel is/are involved in the occupation or business.
18.27.6.6 Large commercial vehicles, used in conjunction with the business, may be permitted on
the parcel at the discretion of the Approving Authority based on parcel size, proximity of
adjacent residences, and site screening.
18.27.6.7 Material Storage:
Outdoor storage of business-related goods and materials, large commercial vehicles,
trailers, and equipment may be allowed if, in the opinion of the Approving Authority,
the outdoor storage is adequately screened from adjacent lands.
18.27.6.8 Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.27.6.9 Nuisance:
Home business shall not generate noise, smoke, odour, dust fumes, exhaust,
vibration, heat, glare, refuse matter or other nuisances considered offensive or
excessive by the Approving Authority.
At all times, the privacy of the adjacent residential dwellings shall be preserved, and
the home-based business shall not in the opinion of the Development Authority,
unduly offend or otherwise interfere with liveability or enjoyment of the neighbouring
properties.
18.27.6.10 The Approving Authority, may, as a condition of issuing a Development Permit impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Number of non-resident employees.
Number of vehicle visits per day.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
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18.27.6.11 Design Guidelines:
All development located within the Highway 2A Industrial Area structure plan (H2AI
Area Structure Plan) area shall comply with the Highway 2A Corridor Design
Guidelines (2021), as may be amended, or replaced by Council from time to time.
18.27.6.12 Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
18.27.6.13 Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
PROCEDURE
18.27.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.27.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.27.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.27.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.27.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.27.1.
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18.28 DIRECT CONTROL DISTRICT #28 (DC 28)
WASTE MANAGEMENT FACILITIES
PURPOSE AND INTENT
To allow the operation of the Waste Management Facilities within the Municipal District
of Foothills and to allow for the Direct Control by Council over development on the
following lands:
SE 32-19-29-W4 FOOTHILLS REGIONAL LANDFILL (158.5 ACRES)
PLAN 1629LK, BLOCK A, NE 12-19-02-W5 (22.3 ACRES)
PERMITTED USES
Accessory Buildings not requiring a development permit
Administration Office (accessory to principal use)
Municipally Operated Waste Management Facility
Public and Quasi Public Installations and Facilities
Public Works
Scale House
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Buildings requiring a development permit
Accessory Uses (only to the primary use approved for the site)
Class I/Class II Composting Facility
Hydro vac Waste Management
Lot Grading
Outdoor Storage
Salvage Facility
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Upcycling
Waste Management, Major
Waste Management, Minor
LAND USE REQUIREMENTS
18.28.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.28.5.1 Maximum Height of Structures:
All Buildings: 12m (39.37 ft.).
Or as determined by Council.
DC# 28
DC #28
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18.28.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.28.5.3 Minimum Yard Setback Requirements for buildings:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.28.5.4 Corner Parcel Restrictions:
In accordance with Sections 9.27.9 - 9.27.12.
18.28.5.5 Other Minimum Setback Requirements:
All Minimum setback requirements under the Subdivision and Development
Regulation shall apply (most specifically Section 13 pertaining to setbacks for landfill,
waste sites)
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any use which, in
the opinion of the Approving Authority, may interfere with the amenity of adjacent
uses.
SPECIAL PROVISIONS
18.28.6.1 Federal / Provincial Approvals:
A copy of all Federal and/or Provincial approvals, permits, and licenses for the said
development on site shall be submitted to the County;
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18.28.6.2 Landscaping and Screening:
Landscaping and screening shall be completed in accordance with any Federal
and/or Provincial permits, approvals, or licenses.
Levels and methods of screening of the site shall be completed to the satisfaction of
Council.
18.28.6.3 Lighting:
All lighting must be in accordance Section 9.15 of this Land use bylaw and with the
Municipal Dark Sky Bylaw.
18.28.6.4 Lot Drainage:
A Development agreement shall be entered into for any lot grading to the satisfaction
of the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
Lot drainage shall be managed in accordance with all Federal and/or Provincial
permits and approvals, regulations, and standards.
18.28.6.5 Nuisance:
The landowner/applicant shall take all necessary measures to control nuisances
within the property boundary or approved site area.
Nuisance management must be conducted in accordance with all Federal and/or
Provincial approvals and permits and applicable policies and standards.
18.28.6.6 The Approving Authority, may, as a condition of issuing a Development Permit impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Number of employees.
Number of vehicle visits per day.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
Submission of Federal/Provincial Approvals and Licenses.
j. Reclamation details.
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18.28.6.7 Monitoring:
All required monitoring shall be completed in accordance with Federal and/or
Provincial permits, approvals, and licenses.
18.28.6.8 Site Reclamation:
Site reclamation shall be conducted in accordance with Federal and/or Provincial
permits and approvals, regulations, and standards.
The County shall be notified upon completion of the reclamation and a copy of the
reclamation certificate provided to the County.
Subsequent use of the land will be at the discretion of Council and will be based on
the level of reclamation attained.
PROCEDURE
18.28.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.28.1 shall be decided on by Council.
18.28.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.28.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.28.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.28.1.
DEFINITIONS
ADMINISTRATION OFFICE means a specific building or rooms within a building providing for the
day-to-day business operation of a facility or primary use on a parcel and may include kitchen and
washroom facilities for staff use.
CLASS I COMPOST means an operation where waste, not including hazardous waste, is
decomposed through a controlled bio-oxidation process, including a thermophilic phase that
results in a stable humus-like material but does not include on-site household composting or
composing as part of agricultural general in accordance with Section10.8, a compost facility that
receives only sludge, a class ii compost facility, or a manure storage facility.
CLASS II COMPOST means an operation where only vegetative matter or manure is decomposed
through a controlled bio-oxidation process, including a thermophilic phase, which results in a
stable humus-like material but does not include on-site household composting or composing as
part of agricultural general in accordance with Section10.8 or a manure storage facility.
HOUSEHOLD HAZARDOUS WASTE DROP OFF AREA means a facility for the collection and
temporary storage of household hazardous waste. No permanent storage or processing of such
items is allowed.
HYDRO VAC WASTE MANAGEMENT means the storage and/or treatment of slurry waste created
in the sub-surface soil excavation process.
LANDFILL means a waste management facility for the collection, storage, treatment, or disposal
of any solid or liquid material or product or combination of them that is intended to be stored,
treated or disposed of, in accordance with Alberta Environment Approvals, permits and licenses.
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MUNICIPALLY OPERATED WASTE MANAGEMENT FACILITIES means facilities for Waste
Management, Major or Waste Management, Minor that are operated by the County or group of
municipalities, and/or an organization formed involving more than one Municipality, for the
purpose of waste management minor, and /or waste management major.
OILFIELD WASTE MANAGEMENT means an operation that is approved under the Oil and Gas
Conservation Act and the regulations under that Act to process, treat, dispose of, store, or recycle
oilfield waste.
PUBLIC WORKS means any Municipal work or development done in connection with the
construction, operation, maintenance, or upgrading of County roads, County water and sewer
systems, County owned sand and gravel pits, and other similar operations on County owned lands.
RECYCLEABLE MATERIAL AREA means an area for receipt and recycling of things such as used
tires, white goods, scrap metals, wood, concrete and asphalt, drywall and shingles, agricultural
plastics, yard waste, used oil, batteries, subsoil, clean fill, and hydrocarbon contaminated soils.
RECYCLING COLLECTION POINT means a primary or incidental use that serves as a neighborhood
drop-off point for the temporary storage of recoverable materials. No permanent storage or
processing of such items is allowed.
SALVAGE FACILITY a place where second-hand goods, including furniture, books, toys, clothing,
building material, and other salvageable items are collected to be sorted and stored for sale or
resale.
SCALE HOUSE means an office, located a short distance from the main entrance, where all
incoming vehicles must stop to be weighed or measured and receive a disposal ticket.
UPCYCLING means to reuse (discarded objects or material) in such a way as to create a
product of a higher quality or value than the original.
WASTE INCINERATION ENERGY RECOVERY means a waste management process that combusts
waste to produce energy.
WASTE MANAGEMENT MAJOR means the storage, processing, treatment, and disposal of solid
and/or liquid wastes, which may have adverse environmental impact on adjacent sites by virtue
of potential emissions and/or appearance. Typical uses (include but are not limited to):
-
Class II landfills,
-
Contaminated soil reclamation sites or oilfield waste management operations.
-
Waste transfer and compacting stations,
-
Recycling material areas and facilities (not including recycling depots collection points),
-
Household hazardous waste drop off areas.
-
Incinerators and waste incineration energy recovery operations, and
-
Wrecking and scrap metal yards.
WASTE MANAGEMENT MINOR means the storage, disposal and filling of clean clay, waste
concrete and paving materials, non-noxious scrap building materials, and similar non-hazardous
wastes which normally do not generate any environmental pollution to the site and surrounding
lands.
WASTE TRANSFER STATION means a waste management facility where waste is collected and
held for removal and to an approved waste management or recycling facility.
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18.29 DIRECT CONTROL DISTRICT #29 (DC 29)
LIMITED PUBLIC OR COMMERCIAL RIDING ARENA
PURPOSE AND INTENT
To allow for the development of a Limited Public or Commercial Arena, as defined in
Section 2.5 of this bylaw, to operate on lots, with or without a single family residence, and
to allow for the Direct Control by Council over development on the following lots:
NW 12-20-02-W5M, PLAN 0810029, LOT 5 (87.7 ACRES)
NW 12-20-02-W5, PLAN 0810029, BLOCK 1, LOT 5 (87.70 ACRES)
NW 08-21-28-W4 (40.0 ACRES)
NE 35-20-29-W4 (23 +/1 ACRES)
NW 21-20-02-W5 (134.85 ACRES)
SE 22-20-02-W5, PLAN 1012174, BLOCK 1, LOT 3 (74.06 ACRES)
SW 07-22-01-W5, PLAN 0212015, BLOCK 2, LOT 16 (92.67 ACRES)
SW 34-21-29-W4, PLAN 9913092, BLOCK 1, LOT 6
S ½ NE 35-19-01-W5, PLAN 731046, BLOCK 3 (19.82 ACRE PTN.)
SE 35-21-02-W5 (119 ACRES)
SW 24-21-02-W5 (64.43 ACRES)
PLAN 0716214, BLOCK 1, LOT 2, NE 34-19-01-W5 (81.52 ACRES)
SW 13-20-01-W5, PLAN 9711715, LOT 6 (29.31 ACRES)
SE 27-19-29-W4, PLAN 0013143, BLOCK 1, LOT 1
SE 26-22-03-W5 (150.79 ACRES)
PERMITTED USES
Accessory Buildings not requiring a development permit (accessory to the Dwelling)
Agricultural, General
Accessory Uses to the Dwelling
Dwellings, Single Family
Dwelling, Manufactured Home
Dwelling, Mobile home on lots 80 acres or greater in size
Home Office
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
Temporary storage of up to 5 unoccupied recreation vehicles
DISCRETIONARY USES
Accessory Use
Accessory Building
Animal Boarding Services
Arena, Commercial
Arena, Limited Public
Campground, Minor - Accessory to the Arena on parcels 8.49 ha (21 acres) or greater
in size
Dwelling, Mobile Home on lots less than 80 acres in size
Dwelling, Moved On
Dwelling Temporary
Home Based Business Type I - only on parcels with a residence
Home Based Business Type II - only on parcels with a residence
Home Based Business Type III - only on parcels with a residence
DC#29
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Intensive Livestock Operation
Lot Grading
Man-made water bodies, privates requiring a permit
Public Quasi Public Installations and Facilities
Secondary Suite, Detached
Secondary Suite, Principal
Special Event (accessory to the Arena or Business use)
-
Discretionary use only on parcels 8.49 ha (21 acres) or greater in size
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Temporary (short-term) Manure Storage
Utility Services, Minor
LAND USE REQUIREMENTS
18.29.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.29.5.1 Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.);
Accessory Buildings and Arenas:
i.
10.67m (35 ft.);
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
Or as determined by Council.
18.29.5.2 Maximum Floor Area of Arena Building:
The maximum allowable size of the Arena Building for an Arena, Limited Public or
Arena, Commercial shall be at the discretion of Council.
18.29.5.3 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.29.5.4 Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary, where
the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary,
where the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
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18.29.5.5 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
Corner Parcel Restrictions:
i.
In accordance with Sections 9.27.9 - 9.27.12.
18.29.5.6 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of the Approving Authority, may interfere with the amenity of
adjacent uses.
18.29.5.7 Minimum habitable area per Dwelling:
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.29.6.1 Home Based Businesses do not include Cannabis Production or Cannabis Sales.
18.29.6.2 No more than five (5) non-resident employees shall be working on site for an Arena,
Limited Public.
18.29.6.3 The number of non-resident employees working on site for an Arena, Commercial shall be
at the discretion of Council.
18.29.6.4 Maximum of sixteen (16) Business Visits permitted per day, or as determined by Council
for Arena, Limited Public.
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18.29.6.5 The maximum number of Business Visits per day for Arena, Commercial shall be at the
discretion of Council.
18.29.6.6 Any minor or major home business or occupation must be conducted within a dwelling
and/or accessory building(s) or on a parcel on which a dwelling is located and where one
or more residents of the parcel is/are involved in the occupation or business.
18.29.6.7 Any minor or major home business shall not occupy more than 50% of the gross floor area
of the principle dwelling plus the area of accessory structures.
18.29.6.8 Material Storage:
On parcels 10 acres and larger, exterior storage may be allowed if, in the opinion of
the Approving Authority, the exterior storage is adequately screened, a maximum of
5 vehicles or equipment may be stored outdoors.
18.29.6.9 Manure Management:
Applicants for Arena, Commercial or Arena, Limited Public shall provide a manure
management plan to the satisfaction of Council as a part of the development permit
application for their facility unless requested to do so by Council as part of the Land Use
Bylaw amendment application.
18.29.6.10 Safety and Fire Code Requirements:
Applicants shall be required to provide proof of compliance or the ability to become
compliant with all Provincial Safety Code and Fire Code requirements as part of the
development permit application for their facility unless requested to do so by Council as
part of the Land Use Bylaw amendment application.
18.29.6.11 Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.29.6.12 Nuisance:
No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.29.6.13 Camping:
Whether camping is permitted in support of special events at an Arena, Commercial
or Arena, Limited Public, shall be at the discretion of Council and will be outlined in
the Development Permit. Council may also specify:
i.
The maximum number of camping units permitted per event.
ii.
The maximum length of stay; and
iii. Number of events where camping shall be permitted annually.
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18.29.6.14 The Approving Authority, may, as a condition of issuing a Development Permit impose
any condition that addresses a relevant planning and development matter, including
but not limited to:
Location and maximum size of Arena building to be constructed.
Development setbacks.
Hours of operation.
Number of non-resident employees.
Number of vehicle visits per day.
Number of Animal units permitted on the property.
Size and number of structures permitted on site.
Number of events or contests permitted annually.
Requirements for evacuation and emergency response plans.
Upgrades on municipal roads.
Mitigation of impacts on municipal roads;.
Compliance reporting requirements.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
Proof of compliance with fire and safety codes inspections of the facility.
Manure Storage provisions.
Any other condition that Council deems necessary.
18.29.6.15 Design Guidelines:
All development located within the Highway 2A Industrial Area structure plan (H2AI
Area Structure Plan) area shall comply with the Highway 2A Corridor Design
Guidelines (2021), as may be amended, or replaced by Council from time to time.
18.29.6.16 Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
18.29.6.17 Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
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PROCEDURE
18.29.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.29.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.29.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.29.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.29.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.29.1.
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18.30 DIRECT CONTROL DISTRICT #30 (DC 30)
LEIGHTON ART CENTRE
PURPOSE AND INTENT
To allow the continued operation of the Leighton Art Centre and to allow for the Direct
Control by Council over development on the following lands:
Meridian 5 Range 2 Township 21 Section 21
That portion of the Southeast quarter lying
North of the southerly 1320 feet throughout
Containing 32.4 hectares (80 acres) more or less
Excepting thereout the easterly 179.929 meters of
the northerly 89.965 meters containing 1.62 hectares.
(4 acres) more or less
AND
Meridian 5 Range 2 Township 21 Section 21
The easterly 179.929 meters of the northerly
89.965 meters containing 1.62 hectares.
(4 acres) more or less
PERMITTED USES
Accessory Buildings not requiring a development permit
Administration Offices
Agricultural, General
Accessory Uses to the Art Centre (i.e. Washrooms, parking, storage and/or
maintenance facilities)
Art Centre
Dwellings, Single Family
-
No more than 1 such dwelling is permitted on a single lot less than 32.4 ha
(80 ac) in size
Education Centre
Existing Heritage Structures (Leighton Home and One-room School House)
Interpretive Pathways
Museum / Art Gallery
Open Air Performance and Art Spaces
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
Utility services, minor
DISCRETIONARY USES
Artist Shelters
Food Service, Accessory to the art centre
Dwelling, mobile home on lots less than 80 acres in size
Dwelling, Moved On,
Dwelling, Temporary
Lot Grading
Man-made water bodies, privates requiring a permit
Retail art and craft sales
Retail sales of goods related to the arts, heritage and/or nature.
Special Events
DC#30
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Temporary Artist Accommodation up to eight (8) units
Temporary structures for special events
Public / Quasi Public Installations and Facilities
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
LAND USE REQUIREMENTS
18.30.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.30.5.1 Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.).
Accessory Buildings
i.
10.67m (35 ft.).
Or as determined by Council.
18.30.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than forty (40) percent of the lot area.
18.30.5.3 Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary, where
the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary,
where the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
18.30.5.4 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
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ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
Corner Parcel Restrictions:
i.
In accordance with Sections 9.27.9 - 9.27.12.
18.30.5.5 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of the Approving Authority, may interfere with the amenity of
adjacent uses.
18.30.5.6 Minimum habitable area per Dwelling, (except for Dwelling, temporary):
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.30.6.1 Landscaping and Screening:
landscaping shall be completed in accordance with the Municipal Screening
Standards.
levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.30.6.2 Nuisance:
no offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.30.6.3 The Development Authority, may, as a condition of issuing a Development Permit impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Maximum number of patrons for food service facility.
Number of employees.
Number of temporary accommodation units.
Number of vehicle visits per day.
Number and duration of special events permitted.
Noise.
Buffering.
Lighting.
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Outdoor storage.
Parking requirements.
Screening of facilities.
18.30.6.4 Lighting:
all lighting must be in accordance Section 9.15 of this Land use bylaw and with the
Municipal Dark Sky Bylaw.
18.30.6.5 Lot Drainage:
a Development agreement shall be entered into for any lot grading to the satisfaction
of the Director, Public Works and Engineering.
lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
PROCEDURE
18.30.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.30.1 may be referred by the Development Officer to the Council for its approval or
refusal.
18.30.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council or their delegate shall decide on all applications for development
permits with respect to lands referred to in Section 18.30.1. The council or their delegate
may approve a development permit application with or without conditions or may refuse
an application for development permit.
18.30.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.30.1.
DEFINITIONS PERTINENT TO THIS REGULATION WHICH WILL BE ADDED TO SECTION 2.5
DEFINITIONS
Administration Office means a specific building or rooms within a building providing for
the day-to-day business operation of a facility or primary use on a parcel and may include
kitchen and washroom facilities for staff use.
Art Centre means a building or series of buildings, structures, and landscape spaces to
facilitate Art Heritage and Nature themed usage available for the purposes of assembly,
cultural instruction, art production and educational, research, social and recreational
activities.
Artist Shelter means a covered or enclosed structure intended to provide temporary
shelter from the elements for artists while engaged in art or craft activities. These
structures are not to be used for overnight accommodation.
Education Centre means structures and/or outdoor areas devoted to the principal use of
education.
Food Service, Accessory means the serving of food, which may or may not have been
prepared on site, in support of an approved principal use on the premises. The service
may occur either on a day to day basis or for special events and may include the service
of alcoholic beverages under license from the Alberta Gaming and Liquor Commission or
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equivalent body. It may also include food service from food trucks licensed to operate in
Foothills County.
Interpretive Pathways means defined linear trails or pathways with interpretive or
educational signs, art installations and/or benches or other outdoor furnishings.
Licensed means "licensed premises" as defined by the Alberta Gaming and Liquor
Commission.
Museum/Art Gallery means "a non-profit making, permanent institution in the service of
society and its development, and open to the public, which acquires, conserves,
researches, communicates and exhibits, for purposes of study, education and enjoyment,
material evidence of people and their environment". (International Council of Museums
and Alberta Museum Association) This definition includes art galleries with collections of
works of art as well as museums with historical collections of objects.
Open Air Performance and Art Spaces means spaces designated for the production,
installation, observation, documentation, and enjoyment of works of art in any medium,
including but not limited to, sculpture, painting, printmaking, textiles, photography,
installation art, performance, dance, theater, music, film, video, digital media and other
means of electronic and mechanical production, both permanent and non-permanent.
Temporary Artist Accommodation means structures or spaces/units within structures,
either permanent or temporary intended to be occupied or used by one or more persons,
including artists or visitors to an Art Centre for overnight accommodation for a limited
period of time - visitor stays not to exceed 180 days per year. This accommodation may
include a communal kitchen serving several units within a structure or individual
kitchens to serve each unit.
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18.31 DIRECT CONTROL DISTRICT #31 (DC 31)
BLACK DIAMOND INDUSTRIAL RURAL
PURPOSE AND INTENT
To allow operation of industrial related businesses on the lands. This district recognizes
the necessity for uses to remain primarily light/medium industrial in nature due to the
proximity to waste disposal sites, natural resource extraction activities in the area, and in
response to limited reclamation and remediation of the lands in the area. The
importance of maintaining minimal nuisance factor extending beyond the boundaries of
the site must be considered when looking at new uses on these lands to reduce impact
on the Town of Black Diamond. This district will allow for the Direct Control by Council
over development on the following lands:
-
Plan 0512737, Block 1, Lot 3, SE 17-20-02-W5
-
Plan 0512737, Block 1, Lot 4, SE 17-20-02-W5
-
Plan 1011623, Block 2, Lot 2, SW 17-20-02-W5
-
Plan 1011623, Block 2, Lot 3, SW 17-20-02-W5
-
Plan 0712752, Block 2, Lot 1, SW 17-20-02-W5
-
Plan 1911157, Block 3, Lots 4 & 5, SW 17-20-02-W5
PERMITTED USES
Accessory Buildings not requiring a development permit
Agricultural General
Office (in conjunction with primary industrial use on site)
Contractor Limited
Industry Light
Manufacturing, Light
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
DISCRETIONARY USES
Accessory Building requiring a development permit;
Accessory Uses
Agricultural Processing and Distribution
Agricultural Support Services
Auto Body
Auto Repair
Auto Sales
Auto Wreckers
Car/Truck Wash
Card Lock Fuel Dispensing Facility
Commercial Storage
Contractor General
Farm Equipment Sales and Service
Industry, General
Industrial, Manufacturing/Processing
Industrial, Storage and Warehousing
Lot Grading
Man-made water bodies, privates requiring a permit
DC#31
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Outdoor Display area (in conjunction with principal business)
Outdoor Storage
Public Quasi Public Installations and Facilities
Recreation Vehicle Sales
Recreation Vehicle Storage
Recycling Depot
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Storage Compound
Utility Services, Minor
Warehousing and Storage
Warehouse Sales
Waste management, Minor
LAND USE REQUIREMENTS
18.31.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.31.5.1 Maximum Height of Structures:
All Buildings
i.
12m (39.37 ft. ft.);
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
ii.
Or as determined by Council.
18.31.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.31.5.3 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
1.5m (4.92 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
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If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.31.5.4 Corner Parcel Restrictions:
In accordance with Sections 9.27.9 - 9.27.12.
18.31.5.5 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any industrial use
which, in the opinion of the Approving Authority, may interfere with the amenity of
adjacent uses.
SPECIAL PROVISIONS
18.31.6.1 The number of employees working on site shall be at the discretion of Council.
18.31.6.2 The maximum number of Business Visits per day shall be at the discretion of Council.
18.31.6.3 Storage:
Exterior storage may be allowed if adequately screened with partial to full screening
as required by the Approving Authority.
18.31.6.4 Safety and Fire Code Requirements:
Applicants shall be required to provide proof of compliance or the ability to become
compliant with all Provincial Safety Code and Fire Code requirements as part of the
development permit application for their development unless requested to do so by
Council as part of the Land Use Bylaw amendment application.
18.31.6.5 Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.31.6.6 Nuisance:
Minimal offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.31.6.7 The Approving Authority, may, as a condition of issuing a Development Permit impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Location and maximum size of accessory building to be constructed.
Development setbacks.
Hours of operation.
Number of employees.
Number of vehicle visits per day.
Size and number of structures permitted on site.
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Requirements for evacuation and emergency response plans.
Upgrades on municipal roads.
Mitigation of impacts on municipal roads.
Compliance reporting requirements.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
Proof of compliance with fire and safety codes inspections of the facility.
Any other condition that Council deems necessary.
18.31.6.8 Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
18.31.6.9 Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
18.31.6.10 Other:
The Approving Authority may allow a building to be occupied by a combination of one
or more of the above mentioned uses listed for this district and each use shall be
considered as a separate use.
PROCEDURE
18.31.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.31.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.31.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.31.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.31.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.31.1.
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18.32 DIRECT CONTROL DISTRICT #32 (DC 32)
AGRICULTURAL SOCIETIES
PURPOSE AND INTENT
To allow the operation of agricultural societies, and accessory community recreational
facilities providing services and facilities for the agricultural related, recreational,
tourism, or social needs of the community.
This district recognizes the need for the community associations and agricultural
societies to operate as a viable business thus allowing a multitude of uses accessory to
the principal use of the sites. This district will allow for the Direct Control by Council over
development on the following lands:
High River Agricultural Society
-
Ptn. NE 12-19-29-W4, North 1402.5' (80.28 acres)
Millarville Racing and Agricultural Society
-
Plan 1310854, Block 2, Lot 1, NE 12-21-03-W5 (65.31 acres)
-
Plan 5354HR, Parcel A, NE 12-21-03-W5 (10.42 acres)
Okotoks Agricultural Society
-
Plan 0214196, Block 11, Lot 1, NW 09-21-29-W4 (18.97 acres)
PERMITTED USES
Accessory Buildings not requiring a development permit
Accessory Uses to the Agricultural Society (i.e. Washrooms, parking, storage and/or
maintenance facilities)
Administration Offices for Agricultural Society
Agricultural, General
Arena, Commercial (as part of the Agricultural Society only)
Arena, Limited Public (as part of the Agricultural Society only)
Assembly use
Community buildings and facilities
Dwellings, Single Family
Dwelling, Manufactured Home
Dwelling, Mobile home on lots 80 acres or greater in size
Home Office
Park
Private Amenity Space (accessory to the primary Agricultural Society use on site)
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
DC#32
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DISCRETIONARY USES
Accessory Building (Requiring a development permit)
Agricultural, Intensive use (accessory to the primary Agricultural Society use on site)
Agricultural Support Services
Animal Boarding Services
Auctioneering Services
Auctioneering Services, Livestock
Business Offices
Campground, Minor - (accessory to the primary Agricultural Society use on site)
Commercial Business
Conference Centre
Cultural Facilities (accessory to the primary Agricultural Society use on site)
Dwelling, Mobile Home on lots less than 80 acres in size
Dwelling, Moved On
Dwelling Temporary
Food Service, (accessory to the primary Agricultural Society use on site)
Home based business Type I - only on parcels with a residence
Home based business Type II - only on parcels with a residence
Library and Exhibit (accessory to the primary Agricultural Society use on site)
Lot Grading
Man-made water bodies, privates requiring a permit
Outdoor Storage (accessory to the primary Agricultural Society use on site)
Public Market
Public or Quasi Public Installations and Facilities
Recreation, indoor
Recreation, outdoor
Retail store (accessory to the primary Agricultural Society use on site)
Signs requiring a development permit
Secondary Suite, Detached
Secondary Suite, Principal
Solar Power System, Private (Requiring a Development Permit)
Special Events
Temporary (short-term) Manure Storage
Utility Services, Minor
LAND USE REQUIREMENTS
18.32.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.32.5.1 Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.);
Accessory Buildings and Arenas.
i.
10.67m (35 ft.);
Radio antennas, internet towers and wind turbines:
i.
16m (52.49 ft.);
Or as determined by Council.
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18.32.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.32.5.3 Maximum Floor Area of Arena Building:
The maximum allowable size of the Arena Building for an Arena, Commercial, or
Arena, Limited Public shall be at the discretion of Council.
18.32.5.4 Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary, where
the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 on Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary,
where the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
18.32.5.5 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.32.5.6 Corner Parcel Restrictions:
In accordance with Sections 9.27.9 - 9.27.12.
18.32.5.7 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
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The Approving Authority may require a greater building setback for any use which, in
the opinion of the Approving Authority, may interfere with the amenity of adjacent
uses.
18.32.5.8 Minimum habitable area per Dwelling, (except for Dwelling, temporary):
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.32.6.1 The number of non-resident employees working on site for an Arena, Commercial shall be
at the discretion of Council.
18.32.6.2 The maximum number of Business Visits per day for Arena, Commercial shall be at the
discretion of Council.
18.32.6.3 Any minor home business or occupation must be conducted within a dwelling and/or
accessory building(s) or on a parcel on which a dwelling is located and where one or more
residents of the parcel is the owner or part owner of the occupation or business.
18.32.6.4 Any minor home business shall not occupy more than 50% of the gross floor area of the
principle dwelling plus the area of accessory structures.
18.32.6.5 Outdoor Storage:
On parcels 10 acres and larger, exterior storage may be allowed if, in the opinion of
the Approving Authority, the exterior storage is adequately screened.
a maximum of 5 vehicles or equipment may be stored outdoors.
18.32.6.6 Manure Management:
Applicants for Arena, Commercial or Arena, shall provide a manure management plan
to the satisfaction of Council as a part of the development permit application for their
facility unless requested to do so by Council as part of the Land Use Bylaw
amendment application.
18.32.6.7 Development Permit:
To ensure that each Agricultural Society is permitted to operate in the same manner
as they have been historically and to clearly provide direction to each society going
into the future, a Development Permit is required for each Agricultural Society parcel
or parcels outlining the uses and activities that will be included on the site to
allow. An additional Development Permit will be required for any new uses that occur
on site that are not in accordance with the regular Development Permit approval.
18.32.6.8 Emergency Response Plan:
Each site will be required to have an Emergency Response Plan, approved by the
Director of Emergency Management and Council that deals with each use approved
for the site. New uses approved will require an addendum or additional Emergency
Response Plan to accommodate for that use as per the discretion of the Director of
Emergency Management.
18.32.6.9 Special Events:
Special events will be approved at the discretion of Council that are above and beyond
the approved Development Permit.
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18.32.6.10 Safety and Fire Code Requirements:
Applicants shall be required to provide proof of compliance or the ability to become
compliant with all Provincial Safety Code and Fire Code requirements as part of the
development permit application for their facility unless requested to do so by Council
as part of the Land Use Bylaw amendment application.
18.32.6.11 Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards (Appendix G of this Bylaw).
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards (Appendix G of this Bylaw).
18.32.6.12 Nuisance:
No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.32.6.13 Camping:
Campground, minor may be allowed, accessory to the principal use of the site, at the
discretion of the approving authority.
Campground, major is neither permitted nor discretionary under this district.
Whether camping is approved in support of regular events or special events on site,
shall be at the discretion of Council and will be outlined in the Development Permit.
Council may also specify:
i.
The maximum number of camping units permitted per event.
ii.
The maximum length of stay; and
iii. Number of events where camping shall be permitted annually.
18.32.6.14 The Approving Authority, may, as a condition of issuing a Development Permit impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Location and maximum size of Arena building to be constructed.
Development setbacks.
Hours of operation.
Number of non-resident employees.
Number of vehicle visits per day.
Number of Animal units permitted on the property.
Size and number of structures permitted on site.
Number of events or contests permitted annually.
Requirements for evacuation and emergency response plans.
Upgrades on municipal roads.
Mitigation of impacts on municipal roads.
Compliance reporting requirements.
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Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
Proof of compliance with fire and safety codes inspections of the facility.
Manure Storage provisions.
Any other condition that Council deems necessary.
18.32.6.15 Design Guidelines:
All development located within the Highway 2A Industrial Area structure plan (H2AI
Area Structure Plan) area shall comply with the Highway 2A Corridor Design
Guidelines (2021), as may be amended, or replaced by Council from time to time.
18.32.6.16 Lighting:
All lighting must be in accordance with Section 9.15 of this Land use bylaw and with
the Municipal Dark Sky Bylaw.
18.32.6.17 Lot Drainage:
A Development agreement shall be entered into for lot grading to the satisfaction of
the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
PROCEDURE
18.32.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.32.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.32.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section18.32.1. The council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.32.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.32.1.
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DEFINITIONS PERTINENT TO THIS REGULATION WHICH WILL BE ADDED TO SECTION 2.5
DEFINITIONS
Administration Office means a specific building or rooms within a building providing for
the day-to-day business operation of a facility or primary use on a parcel and may include
kitchen and washroom facilities for staff use.
Food Service, Accessory means the serving of food, which may or may not have been
prepared on site, in support of an approved principal use on the premises. The service
may occur either on a day to day basis or for special events and may include the service
of alcoholic beverages under license from the Alberta Gaming and Liquor Commission or
equivalent body. It may also include food service from food trucks licensed to operate in
Foothills County.
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18.33 DIRECT CONTROL DISTRICT #33 (DC 33)
BAR KAY CEE RANCH
PURPOSE AND INTENT
To allow the continued operation of the Bar Kay Cee Ranch private country recreational
property established by the Bar Kay Cee Club and to allow for the Direct Control by Council
over development on the following lands:
Meridian 5 Range 5 Township 22 Section 36
That portion of the North East Quarter
Which lies south and west of a roadway on plan 876BM
Containing 62.1 hectares (153.48 acres) more or less
Excepting thereout:
Plan
Number
Hectares
Acres
Road
8410952
0.271
0.67
Excepting thereout all mines and minerals
NE 36-22-05-W5
PERMITTED USES
Accessory Buildings not requiring a development permit
Accessory Uses to the country recreational use
parking areas,
picnic areas,
washrooms,
boathouses,
barns, and
sheds
Administration Offices
Agricultural, General
Club House, Private
Dwellings, Single Family
*one such dwelling for the superintendent or property manager.
Outdoor Riding Facilities
Pathways and Trails
Personal Use Radio Antenna
Picnic Shelter / Cook House
Private Amenity Space
Man-made water bodies, private
Public Works
Recreational Cabins (Cabins # 5, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 30, 32, 34, 36, 38, 40 as shown in Appendix A)
Signs not requiring a development permit
Skeet Range, private
Solar Power System, Private (Not requiring a development permit)
Swimming Pool
Utility services, minor
Wind Energy Conversion Systems, personal
DC#33
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DISCRETIONARY USES
Accessory Buildings requiring a development permit
Arena
* Accessory to the country recreational use to be used by members and guests
Campground - Minor (accessory to the country recreational use)
Dwelling, mobile home on lots less than 80 acres in size
Dwelling, moved on
* As an allowed single family dwelling or recreational cabin
Food Service, accessory to the country recreational use
Greenhouse, private
Internet Tower
Lot Grading
Recreational Cabins (up to 4 cabins in addition to those listed under permitted uses)
Signs requiring a Development Permit
Solar Power Equipment (Requiring a Development Permit)
Special Events
Storage of up to 1 unoccupied recreational vehicle per cabin, accessory to the country
recreational use
Telecommunication Tower
Temporary structures for special events
Wind Energy Conversion Systems, accessory to the country recreational use
LAND USE REQUIREMENTS
18.33.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.33.5.1 Maximum Height of Structures:
12m (39.37 ft.); or
As determined by Council.
18.33.5.2 Minimum Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of any Internal Subdivision Road
(municipally owned);
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line; or
ii.
As determined by Council
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Rear Yard Setback:
i.
15m (49.21 ft.) from property line; or
ii.
as determined by Council
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.33.5.3 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land Use Bylaw for additional
setback requirements that may apply.
18.33.5.4 Minimum habitable area per Dwelling:
84 sq. m. (904.20 sq. ft.)
SPECIAL PROVISIONS
18.33.6.1 Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.33.6.2 Nuisance:
No offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.33.6.3 No development permit is required for the addition to, rebuilding or replacement of an
existing recreational cabin (Cabins # 5, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28, 30, 32, 34, 36, 38, 40 as shown in Appendix A) on its
established building site, but such development will require a building permit and shall
otherwise comply with the provisions of this Bylaw.
18.33.6.4 No development permit will be required for the construction of the first accessory
building under 20.8 sq. m. (224 sq. ft.) accessory to each recreational cabin.
18.33.6.5 The Development Authority, may, as a condition of issuing a Development Permit impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Number of employees.
Number of vehicle visits per day.
Number and duration of special events permitted.
Noise.
Buffering.
Lighting.
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Outdoor storage.
Parking requirements.
Screening of facilities.
18.33.6.6 Lighting:
All lighting must be in accordance Section 9.15 of this Land Use Bylaw and with the
Municipal Dark Sky Bylaw.
18.33.6.7 Lot Drainage:
A Development agreement shall be entered into for any lot grading requiring a
development permit to the satisfaction of the Director, Public Works and Engineering.
Lot grading and drainage shall be in accordance with Section 9.17 of the Land Use
Bylaw.
PROCEDURE
18.33.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.33.1 may be referred by the Development Officer to the Council for its approval or
refusal.
18.33.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council or their delegate shall decide on all applications for development
permits with respect to lands referred to in Section 18.33.1. The council or their delegate
may approve a development permit application with or without conditions or may refuse
an application for development permit.
18.33.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.33.1.
EXCEPTIONS
18.33.8.1 Existing Cabins that currently do not meet setbacks to Mirror Lake or the original
watercourse that created the manmade ponds of Lake Placid and Trout Lake may be
rebuilt or replaced without meeting the required setback, at the discretion of the
approving authority as long as:
The new structure does not encroach further into the setback than the structure that
existed at the coming into effect of this bylaw; and
The proponent can demonstrate that the proposed location is the most appropriate
site for the new cabin.
18.33.8.2 Existing Cabins that currently do not meet setbacks to Mirror Lake or the original
watercourse that created the manmade ponds of Lake Placid and Trout Lake may be
added onto without being brought into compliance with the required setback at the
discretion of the approving authority as long as:
a) The addition to the structure does not encroach any further into the setback.
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DEFINITIONS PERTINENT TO THIS REGULATION WHICH WILL BE ADDED TO SECTION 2.5
DEFINITIONS
CLUB HOUSE means a building where members of a club and their guests may hold social events or
gather for group activities, meetings, informational sessions, or other purposes.
RECREATIONAL CABIN, PRIVATE means a dwelling unit used on a non-permanent basis for
recreational activity and accommodation. A Recreational Cabin, Private is not to be used as a
permanent residence or for any commercial purposes including Airbnb or other short-term rental.
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Appendix A: Site Plan
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18.34 DIRECT CONTROL DISTRICT #34 (DC34)
COMMERCIAL SOLAR POWER SYSTEMS
PURPOSE AND INTENT
The purpose and intent of this district is to allow for the operation of Commercial Solar
Power systems and to allow Direct Control by the Council over development on the
following lands:
All Solar Power Systems shall meet the provisions of Section 10.22.
PERMITTED USES
Accessory Buildings not requiring a development permit
Administration Office (for principal use)
Agricultural general
Public works
Signs not requiring a Development Permit
Solar Power System, Private (Not requiring a Development Permit)
Utility Services, major (service types accessory to principal use)
i.e. Electrical Transmission towers, power generating stations
Utility services, minor
DISCRETIONARY USES
Accessory buildings requiring a Development Permit
Accessory uses (accessory to the principal use)
Data Processing Facilities (Small Scale)
Dwelling single family
-
no more than 2 such dwellings are permitted on a lot that is 32.4 ha (80 acres)
or more in size;
-
no more than 1 such dwelling is permitted on a lot that is less than 32.4 ha (80
acres) in size.
Dwelling, mobile home
Dwelling, moved on
Educational and Interpretive use
Lot grading
Signs requiring a development permit
Solar Power System, Commercial
Solar Power System, Private (Requiring a Development Permit)
Telecommunication Towers (non federally regulated)
Wind Energy Conservation Systems
LAND USE REQUIREMENTS
18.34.4.1 Standards of the land use shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.34.5.1 Maximum Height of Structures:
Dwellings
i.
12m (39.37 ft.).
DC#34
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Accessory Buildings
i.
10.67m (35 ft.).
Radio antennas, internet towers
i.
16m (52.49 ft).
Free-standing solar array or solar array mounted to any structure other than a roof or
wall of a building must not exceed 10.67m (35ft.) in height when oriented at a
maximum tilt position unless specifically allowed by the Approving Authority.
Or as determined by Council.
18.34.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings, and impervious
surfaces shall cover more than sixty(60) percent of the development area.
Solar array not mounted to the roof or wall of a structure are not considered in the lot
coverage area unless they are mounted to the ground in a very impermeable manner
(cemented completely and not using piles or some form of elevated racking)
Or as determined by Council.
18.34.5.3 Minimum Yard Setback Requirements: for Structures and solar array.
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.34.5.4 Corner Parcel Restrictions:
In accordance with Sections 9.27.9 - 9.27.12.C
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18.34.5.5 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a setback of 300 metres from the solar
installation to all adjacent residences, or a distance that minimizes the visual impact
of the solar installation from the adjacent residences to the satisfaction of the
Approving Authority.
The Approving Authority may require a greater minimum setback for any use which,
in the opinion of the Approving Authority, may interfere with the amenity of adjacent
uses having regard for the location of the development, potential environmental
impacts, adjacent land uses, and any determined natural, scenic, or ecologically
significant feature of the landscape.
18.34.5.6 Minimum habitable area per Dwelling:
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.34.6.1 Landscaping and Screening:
landscaping shall be completed in accordance with the Municipal Screening
Standards or as determined by Council.
levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards or as determined by Council.
18.34.6.2 Nuisance:
Every attempt shall be made to design the site so that the solar power system will
have limited undo interference or effect on the enjoyment or value of neighbouring
parcels.
Solar array shall be located such that it does not create undue glare on neighbouring
property or public roadways.
18.34.6.3 The Approving Authority, may, as a condition of issuing a Development Permit, impose any
condition that addresses a relevant planning and development matter, including but not
limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Number of employees.
Number of vehicle visits per day.
Noise.
Buffering.
Lighting.
Site drainage.
Potential impact to neighbouring properties.
Outdoor storage.
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Parking requirements.
Screening of facilities.
Decommissioning and reclamation.
18.34.6.4 Lighting:
all lighting must be in accordance Section 9.15 of this Land use bylaw and with the
Municipal Dark Sky Bylaw.
18.34.6.5 Lot Drainage:
a Development Agreement shall be entered into for any lot grading to the satisfaction
of the Director, Public Works and Engineering.
the Approving Authority may require, as a condition of Development Permit,
redesignation, or land use amendment, that the developer submit a stripping and
grading and/or drainage or stormwater management plan, completed by a qualified
engineer, to the satisfaction of the County.
lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw unless otherwise approved by the Approving Authority.
18.34.6.6 Other Approvals:
Approval from the Alberta Utilities Commission (AUC), Alberta Electric Systems
Operator (AESO) and any other provincial or federal agency or utility company is
required prior to the operation of the solar power system.
18.34.6.7 Decommissioning and Reclamation
A decommissioning and reclamation plan shall be submitted with the application for
review and approval identifying how the site will be reclaimed back to the same or
better condition than prior to project commencement.
A Development Agreement shall be entered into for any work required as part of the
decommissioning and reclamation. This agreement may include requirements for
cost estimate for the decommissioning and reclamation prepared by a professional
engineer or contractor. The agreement may also require an irrevocable letter of
credit, surety bond, or cash deposit to be secured and submitted to the County, prior
to commencement of any development on the site, for the decommissioning and
reclamation of the site.
If the solar power system is out of service or not producing energy for a period of six
months, the operator shall provide evidence to the Development Authority, with
respect to the reason for the solar system being out of service or non-operational and
provide a detailed plan for bringing the solar system back into service, if the intention
is to continue operation. If within six months of non-operation, the operator has not
provided the Development Authority with a clear intent and timeline to bring the solar
power system back on line, the Development Authority shall deem the solar power
system non-operational, and decommissioning, removal, and reclamation will need
to commence in accordance with decommission and reclamation plan approved with
the application, returning the site to the same or better condition as prior to project
commencement.
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PROCEDURE
18.34.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.34.1 may be referred by the Development Officer to the Council for its approval or
refusal.
18.34.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council or their delegate shall decide on all applications for development
permits with respect to lands referred to in Section 18.34.1. The council or their delegate
may approve a development permit application with or without conditions or may refuse
an application for development permit.
18.34.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.34.1.
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18.35 DIRECT CONTROL DISTRICT #35 (DC 35)
EVENT VENUE
PURPOSE AND INTENT
To allow for an indoor facility or outdoor area of land to be used for events, weddings,
receptions, gatherings, celebrations, community events, education events, concerts,
corporate functions, assembly use, meetings, or similar types of activities. This district
may be appropriate for event venues capable of accommodating events that vary
significantly in size; it is intended that Council will control this through the development
permit process. This district also allows for the Direct Control by Council over
development on the following lands:
SE 12-21-02-W5, PLAN 1710460, BLOCK 7, LOT 1
SE 36-20-01-W5, PLAN 9710440, LOT 2
SE 02-22-01-W5, PLAN 8911981, BLOCK 1
NE 25-17-04-W5 (47.88 ACRES)
NE 24-17-04-W5 (2.4 ACRES) & PLAN 9610215, BLOCK 1, NW 24-17-04-W5
(6.65 ACRE PTN.)
NW 11-21-01-W5 (143.11 ACRES)
PERMITTED USES
Accessory Buildings not requiring a development permit
Accessory Uses to the Dwelling
Agricultural, General
Administrative Office Accessory to an approved use
Dwelling, Single Family
-
No more than 1 such dwelling is permitted on a single lot less than 32.4 ha (80
ac) in size
-
No more than 2 such dwellings are permitted on a single lot 32.4 ha (80 ac) or
greater in size.
Dwelling, Mobile Home
-
permitted use only on lots 32.4 ha (80 acres) or greater in size.
Home Office
Public Works
Signs not requiring a development permit
Solar Power System, Private (Not requiring a Development Permit)
Temporary Storage of up to 5 unoccupied recreational vehicles
Utility services, minor
DISCRETIONARY USES
Accessory Buildings, Detached
Accessory Use
Agricultural, Intensive
Antenna structures, private
Arena, private
Assembly Use
Bed and Breakfast
Campground accessory to the Event Venue Use
Community Buildings and Facilities
Conference Centre / Retreat
DC#35
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Corporate Functions
Dwelling, mobile home on lots less than 80 acres in size
Dwelling, Moved On
Dwelling, Temporary
Education Centre
Events
Food Service accessory to the Event Venue use
Greenhouse, private
Guest Ranch
Guest Rooms
Guest Rooms, Detached
Home Based Business I
Intensive Vegetation Operation
Kennels, private
Lot Grading
Man-made water bodies, privates requiring a development permit
Personal Services accessory to the Event Venue use
Personal Use Radio Antenna or Internet Tower
Private Amenity Space
Public/Quasi Public Installations and Facilities
Retail Kiosk accessory to an approved use
Secondary Suite, Detached
Secondary Suite, Principal
Special Events
Temporary Structures, accessory to the Event Venue use or for Special Events
Signs requiring a Development Permit
Solar Power System, Private (Requiring a Development Permit)
Wind Energy Conversion System, personal or accessory to an approved use
LAND USE REQUIREMENTS
18.35.4.1 Standards of the development shall be at the discretion of Council.
DEVELOPMENT REQUIREMENTS
18.35.5.1 Maximum Height of Structures:
Principal buildings, first vehicle garage, and car ports:
i.
12m (39.37 ft.);
Accessory Buildings
i.
10.67m (35 ft.);
Radio antennas, internet towers and wind energy conversion systems
i.
16m (52.49 ft);
Or as determined by Council.
18.35.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than forty (40) percent of the development area.
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18.35.5.3 Minimum Yard Setback Requirements:
Front Yard Setback:
i.
15m (49.21 ft.) from the right of way of an Internal Subdivision Road.
ii.
48m (157.48ft.) from the centre line of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40m (131.23 ft.) from the ultimate right of way or 70 meters from the centreline
of a Provincial highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15m (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
Corner Parcel Restrictions:
i.
In accordance with Sections 9.27.9 - 9.27.12.
18.35.5.4 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of Land use bylaw for additional
setback requirements that may apply.
The Approving Authority may require a greater building setback for any use which, in
the opinion of the Approving Authority, may interfere with the amenity of adjacent
uses.
18.35.5.5 Minimum habitable area per Dwelling:
100 m2 (1,077 sq. ft.)
SPECIAL PROVISIONS
18.35.6.1 Landscaping and Screening:
landscaping shall be completed in accordance with the Municipal Screening
Standards.
levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards.
18.35.6.2 Nuisance:
no offensive noise, vibration, smoke, dust, odor, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
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18.35.6.3 The Development Authority, may, as a condition of issuing a Development Permit impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Number of guest rooms.
Maximum number of days of stay.
Number of employees.
Number of vehicle visits per day.
Number, duration, and size of events permitted.
Noise.
Buffering.
Lighting.
Outdoor storage.
Parking requirements.
Screening of facilities.
18.35.6.4 Lighting:
all lighting must be in accordance Section 9.15 of this Land use bylaw and with the
Municipal Dark Sky Bylaw.
18.35.6.5 Lot Drainage:
a Development agreement shall be entered into for any lot grading to the satisfaction
of the Director, Public Works and Engineering.
lot grading and drainage shall be in accordance with Section 9.17 of the Land use
bylaw.
PROCEDURE
18.35.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.35.1 may be referred by the Development Officer to the Council for its approval or
refusal.
18.35.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council or their delegate shall decide on all applications for development
permits with respect to lands referred to in Section 18.35.1. The council or their delegate
may approve a development permit application with or without conditions or may refuse
an application for development permit.
18.35.7.3 There is no appeal to the Development Appeal Board from a decision of the Council on an
application for a development permit in respect of the lands referred to in Section
18.35.1.
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DEFINITIONS
CORPORATE FUNCTION means a private event, held by corporations or businesses for their
staff, clients, or stakeholders, for the purposes of holiday parties, team buildings, etc.
EVENT means an event or gathering open to the general public, including but not limited to:
Exhibitions, expositions, fairs, festivals, entertainment, cause-related awareness, fundraising,
and leisure events. Event does not include family events such as, but not limited to birthday
parties or holiday celebrations. Depending on the event type, location and size, and the zoning
of the property where it is to be held, an event may or may not be considered a Special Event
that must comply with the Special Event Bylaw.
GUEST ROOM means a room to rent for no more than 14 days, within a dwelling for the lodging
of guests.
GUEST ROOM, DETACHED means a separate building on the property that contains one room or
more, to be rented for not more than 14 days for the lodging of guests.
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18.36 DIRECT CONTROL DISTRICT #36 (DC#36)
EQUINE VETERINARY AND REHABILITATION CENTRE
PURPOSE AND INTENT
The purpose and intent of this district is to allow Direct Control by the Council over
development on the following lands to allow for an equine veterinary and rehabilitation
centre:
PLAN 7711767, BLOCK 1; PTN. SE 05-22-01 W5M (38.96 ACRES)
PERMITTED USES
Accessory Buildings not requiring a development permit in accordance with Section 4.2
Accessory Uses
Agricultural, General
Agricultural, Specialty
Dwelling, Single Family
*no more than 2 such dwellings are permitted on a single lot 32.4 ha (80 acres) or
greater in size
*no more than 1 such dwelling is permitted on a single lot that is less than 32.4 ha
(80 acres) in size
Dwelling, Mobile Home
*permitted use only on lots 32.4 ha (80 acres) or greater in size
Home based business Type I
Home based business Type II
Home Office
Public Works
Secondary Suite, Detached
Secondary Suite, Principal
Solar Power System, Private (Not requiring a Development Permit)
Temporary Storage of up to 5 unoccupied recreational vehicles
Utility Services, Minor
DISCRETIONARY USES
Accessory Buildings requiring a development permit
Agricultural, Intensive Use
Agricultural Processing and Distribution
Agricultural Support Services
Animal Boarding Services
Animal Care Services
Antenna Structure, Private
Arena, Limited Public
Arena, Private
Auctioneering Services
Bed and Breakfast
Business Office
Commercial School or College Community Services
Contractor, Limited
Day Camp Services
Family Day Home
DC#36
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Dwelling, Single Family
*if in addition to the number of dwellings listed as permitted on a single lot
Dwelling, Mobile Home
*discretionary use on lots less than 80 acres in size
Dwelling, Moved On
Dwelling, Temporary (accessory to principal use)
Educational Services
Farm Equipment Sales and Service
Guest Ranch
Home based business Type III
Intensive Vegetation Operation
Kennel, Private
Lot Grading
Manmade Water Bodies requiring a permit
Manufacturing, Light
Natural Science Exhibits
Outdoor Storage (accessory to principal use only)
Public Market
Restaurant (accessory use, within the main building)
Retail Garden Centre
Retail Store (accessory use, within the main building)
Signs requiring a development permit
Solar Power System, Private (Requiring a Development Permit)
Special Events
Temporary Storage of between 6 and 10 unoccupied Recreational Vehicles
Tourist Information Services and Facilities
LAND USE REQUIREMENTS
18.36.4.1 A person who wishes to subdivide land in this district into additional lots must first apply
for and be granted approval of a land use bylaw amendment.
18.36.4.2 Standards of development shall be at the discretion of the Council.
DEVELOPMENT REQUIREMENTS
18.36.5.1 Maximum Height of Structures
Principal Buildings, first vehicle garage, and car ports:
i.
12 meters (39.37 ft.).
ii.
Or as determined by Council.
Accessory Buildings and Arenas:
i.
10.67 meters (35 ft.).
ii.
Or as determined by Council.
Radio Antennas, Internet Towers, and Wind Turbines:
i.
16 meters (52.49 ft.)
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18.36.5.2 Maximum Lot Coverage
No building or group of buildings including their accessory buildings and impervious
surfaces shall cover more than sixty (60) percent of the lot area.
18.36.5.3 Maximum Dwelling Unit Density
Maximum dwelling unit density for a parcel under 80 acres is one Dwelling, Single
Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary, where
the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
Maximum dwelling unit density for a parcel 80 acres or larger in size is two Dwellings,
Single Family and either one Dwelling, Secondary Suite, or one Dwelling, Temporary,
where the use is listed as a permitted or discretionary use in the specific district in
accordance with Section 10.26 Secondary Suites and Section 10.10 Dwellings.
18.36.5.4 Minimum Yard Setback Requirements
Front Yard Setbacks:
i.
15 meters (49.21 ft.) from the right-of-way of an Internal Subdivision Road.
ii.
48 meters (157.48 ft.) from the centreline of a Municipal Road.
iii. 64m (209.97 ft.) from the centreline of a Municipal Road, Major.
iv. 40 meters (131.23 ft.) from the ultimate right-of-way or 70 meters from the
centreline of a Provincial Highway, whichever is greater.
v.
Or as determined by Council.
Side Yard Setback:
i.
15 meters (49.21 ft.) from property line.
ii.
Or as determined by Council.
Rear Yard Setback:
i.
15 meters (49.21 ft.) from property line.
ii.
Or as determined by Council.
If the title to a lot is subject to a caveat in respect of a land dedication or an agreement
for the acquisition of land for road widening purposes, the dedicated area or area of
future road widening shall be considered the future property boundary for which
setback distances set out shall apply.
18.36.5.5 Other Minimum Setback Requirements:
See Section 9.27 "Special Setback Requirements" of this Land Use Bylaw for
additional setback requirements that may apply.
The Approving Authority may require a greater minimum setback for any use which,
in the opinion of the Approving Authority, may interfere with the amenity of adjacent
uses.
18.36.5.6 Minimum habitable area per Dwelling:
100 m2 (1,077 sq. ft.)
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SPECIAL PROVISIONS
18.36.6.1 Landscaping and Screening:
Landscaping shall be completed in accordance with the Municipal Screening
Standards.
Levels and methods of screening of the site shall be completed in accordance with
the Municipal Screening Standards, or to the discretion of the Council.
18.36.6.2 Nuisance:
no offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot.
18.36.6.3 The Development Authority, may, as a condition of issuing a Development Permit, impose
any condition that addresses a relevant planning and development matter, including but
not limited to:
Location and maximum size of facilities to be constructed.
Development setbacks.
Hours of operation.
Maximum number of patrons attending the property at any given time.
Maximum number of employees working on site at any given time.
Number of vehicle visits per day.
Number of animal units permitted on the property.
Number and duration of special events permitted.
Requirements for evacuation and emergency response plans.
Outdoor Storage.
Parking Requirements.
Screening of facilities.
Proof of compliance with fire and safety codes inspections of the facility.
Any other condition that Council deems necessary.
18.36.6.4 Lighting:
all lighting must be in accordance with Section 9.15 of this Land Use Bylaw.
18.36.6.5 Lot Drainage:
lot grading and drainage shall be in accordance with Section 9.17 of this Land Use
Bylaw.
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PROCEDURE
18.36.7.1 Notwithstanding the procedure established for development permit applications in
Section 4, an application for development permit in respect of lands referred to in Section
18.36.1 shall be referred by the Development Officer to the Council for its approval or
refusal.
18.36.7.2 Notwithstanding the procedure established for the issuance of development permits in
Section 5, the Council shall decide on all applications for development permits with
respect to lands referred to in Section 18.36.1. The Council may approve a development
permit application with or without conditions or may refuse an application for
development permit.
18.36.7.3 There is no appeal do the Development Appeal Board from a decision of the Council on
an application for a development permit in respect to the lands referred to in section
18.36.1.
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PART 7 LAND USE MAPS
Land Use Maps are provided for each township and range of the County to identify the particular
zoning on all parcels.
Land use maps are maintained on an ongoing basis and the most up to date versions can be
found on the County's website.
Please note that these land use maps may not be current zonings on all parcels due to
continual amendments, redesignation, and subdivisions. Part 8 - Bylaw Amendments also
identified bylaw amendments that may affect the land use map and may or may not be updated
on the land use maps at this time.
Please contact the Planning Department to confirm zonings on parcels if you require
confirmation of current zonings on parcels.
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PART 8 - BYLAW AMENDMENTS
The Land Use Bylaw is subject to change (amendment) by Council. Bylaw amendments are
provided to identify all amendments made in the Land Use Bylaw since it's adoption. They
bylaw amendment consist of text amendments, amendments under current land uses, and
redesignation of land uses.
Amending bylaw numbers, the date third reading is granted, and a brief description of the
amendment made are included in this document to identify that a change has occurred in the
Land Use Bylaw. Amending bylaws should be consulted for more detailed information.
The Bylaw amendments are maintained on an ongoing basis and the most up to date version
can be obtained from the County office. Please contact the Planning Department to obtain an
updated current listing of any and all amendments.