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Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 1 of 66
Bylaw 10:2012
VILLAGE OF FORESTBURG
PROVINCE OF ALBERTA
A bylaw of the Village of Forestburg to regulate the development and use of land and buildings.
Pursuant to part 17 of the Municipal Government Act, and having advertised and held a public hearing as
required by the Act, the Council of the Village of Forestburg enacts Bylaw 10:2012, Land Use Bylaw as stated
in the attached document.
This bylaw comes into effect on the date of third reading.
READ A FIRST TIME this 24th day of October, 2012.
READ A SECOND TIME this 13th day of December, 2012.
READ A THIRD TIME this 13th day of December, 2012.
___________________________________
MAYOR
___________________________________
CHIEF ADMINISTRATIVE OFFICER
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 2 of 66
Amendments to Bylaw 10:2012 Land Use Bylaw
Bylaw 7:2018
Section 105 and addition of Sections 801A and 801B regarding Cannabis
Product and retail sales
Bylaw 4:2017
Part 9 Section 901 Amends affecting Sections 901 through 906 and addition of
Section 901A Regulations Applied to All Residential Land Use Districts
Bylaw 5:2016
Fence and Deck Replacement added to Section 302 - Development Not
Requiring a Development Permit
Bylaw 5:2015
Add Automotive Body Shops and Paint Shops as a Discretionary Use to C1
Central Commercial
Bylaw 1:2015
Plan 3012BO; Block 2; Lot 12 rezoned to C1 Central Commercial
Bylaw 5:2014
Section 901 New Land Use District RE2 Residential Estate 2 and addition of
Section 914
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 3 of 66
VILLAGE OF FORESTBURG
Bylaw 10:2012
INDEX
Part 1: General
101
Title.............................................................................................................................................................. 3
102
Purpose ....................................................................................................................................................... 3
103
Effective Date .............................................................................................................................................. 3
104
Other Legislative Requirements .................................................................................................................. 3
105
Definitions ................................................................................................................................................... 4
106
Interpretation .............................................................................................................................................. 8
107
Forms and Fees ........................................................................................................................................... 9
108
Requirements of Other Authorities ............................................................................................................. 9
109
Severability .................................................................................................................................................. 9
Part 2: Administration
201
Development Authority ............................................................................................................................. 10
202
Subdivision and Development Appeal Board ............................................................................................ 10
Part 3: Scope
301
Development Permit Required .................................................................................................................. 12
302
Development Not Requiring a Development Permit ................................................................................ 12
303
Non-Conforming Buildings and Uses ......................................................................................................... 13
Part 4: Development Permits
401
Application for a Development Permit ...................................................................................................... 14
402
Direct Control Districts .............................................................................................................................. 15
403
Public Consultation Prior to Decision ........................................................................................................ 15
404
Decision by the Development Authority ................................................................................................... 15
405
Conditions Attached to Development Permits .......................................................................................... 16
406
Issuance of Development Permit .............................................................................................................. 17
407
Cancellation of a Development Permit ..................................................................................................... 17
408
Notice of Decision ..................................................................................................................................... 17
409
Return of Security Deposit ........................................................................................................................ 17
Part 5: Appeals
501
Appeal Procedure ...................................................................................................................................... 18
502
Judicial Review .......................................................................................................................................... 18
Part 6: Contravention and Enforcement
601
Contravention ........................................................................................................................................... 19
602
Stop Order ................................................................................................................................................. 19
603
Offences and Penalties .............................................................................................................................. 19
Part 7: Amendment
701
Amendment .............................................................................................................................................. 21
702
The Amendment Process .......................................................................................................................... 21
703
Additional Requirements .......................................................................................................................... 22
Part 8: General Regulations
801
Boarders and Lodgers ................................................................................................................................ 23
802
Contaminated and Hazardous Sites .......................................................................................................... 23
803
Design, Construction and Treatment of Buildings ..................................................................................... 23
804
Drive In Businesses .................................................................................................................................... 23
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 4 of 66
805
Fences and Screening ................................................................................................................................ 23
806
Grading of Lots .......................................................................................................................................... 24
807
Livestock .................................................................................................................................................... 25
808
Loading ...................................................................................................................................................... 25
809
Moved In Buildings .................................................................................................................................... 25
810
Outside Storage in Residential Areas ........................................................................................................ 25
811
Outside Storage in Non-Residential Areas ................................................................................................ 26
812
Overhangs and Encroachments into Yards ............................................................................................... 26
813
Overhangs and Encroachments into Roads............................................................................................... 26
814
Sea Cans ........................................................................................................................................................
815
Secondary Suites ....................................................................................................................................... 27
816
Sequence of Development ........................................................................................................................ 27
817
Service Stations ......................................................................................................................................... 27
818
Signs .......................................................................................................................................................... 27
819
Solar Energy Collectors .............................................................................................................................. 31
820
Utility Buildings and Equipment ................................................................................................................ 31
821
Visibility at Corners ................................................................................................................................... 31
822
Windmills................................................................................................................................................... 31
823
Yards .......................................................................................................................................................... 31
Part 9: Regulations for Land Use Districts
901
Establishment of Land Use Districts .......................................................................................................... 32
902
R1: Low Density Residential District ......................................................................................................... 33
903
R2: General Residential District ................................................................................................................ 35
904
RMS: Residential Manufactured Housing Subdivision District ................................................................. 38
905
RE: Residential Estate District ................................................................................................................... 40
906
RMX: Residential Mixed Use District ........................................................................................................ 42
907
C1: Central Commercial District ............................................................................................................... 45
908
C2: Highway Commercial District ............................................................................................................. 46
909
M: Industrial District ................................................................................................................................. 48
910
IPU: Institutional and Public Use District .................................................................................................. 50
911
P: Park District .......................................................................................................................................... 51
912
UX: Urban Expansion District ................................................................................................................... 52
913
DC: Direct Control District ........................................................................................................................ 53
Part 10: Map of Land Use Districts ................................................................................................................................ 54
Part 11: Parking
1101
Parking Requirements for New Development ........................................................................................... 55
Figure 1: Location of Buildings on Residential Lots ........................................................................................................ 56
Figure 2: Location of Buildings on Residential Manufactured Housing Lots .................................................................. 57
Schedule 1: Development Permit Application Form ...................................................................................................... 59
Schedule 2: Application to Amend the Land Use Bylaw ................................................................................................ 62
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 5 of 66
VILLAGE OF FORESTBURG
Bylaw 7:2012
A bylaw to regulate the development and use of land and buildings
Pursuant to Part 17 of the Municipal Government Act, the Council of the Village of Forestburg, duly assembled, hereby
enacts as follows.
Part 1: General
101
TITLE
101.1
This Bylaw may be cited as the Village of Forestburg Land Use Bylaw.
102
PURPOSE
102.1
The purpose of this Bylaw is to regulate and control the use and development of land and buildings within the
Village of Forestburg to achieve the orderly and economic development of land, and for that purpose, among
other things,
102.1.1 to divide the municipality into districts,
102.1.2 to prescribe and regulate for each district the purposes for which land and buildings may be used,
102.1.3 to establish the office of Development Authority,
102.1.4 to establish a method of making decisions on applications for development permits including the
issuing of development permits,
102.1.5 to prescribe a procedure to notify owners of land likely to be affected by the issue of a development
permit,
102.1.6 to establish a procedure for appeals against the decisions of the Development Authority, and
102.1.7 to meet the requirements of Part 17 of the Municipal Government Act.
103
EFFECTIVE DATE
103.1
This Bylaw comes into force and takes effect upon the date of its third reading.
103.2
Bylaw 8:2011 as amended is hereby repealed.
103.3
A condition attached to a development permit, an action started, or an agreement made under Bylaw 2:2009
or its predecessors continues under this Bylaw.
104
OTHER LEGISLATIVE REQUIREMENTS
104.1
Compliance with the requirements of this Bylaw does not exempt any person from the requirements of any
statutory plan.
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Bylaw #10:2012
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104.2
Nothing in this Bylaw exempts a person from obtaining a development permit as required by this Bylaw or to
obtain any other permit, license or other authorization required by this or any other Bylaw.
104.3
In addition to the requirements of this Bylaw, a person is required to comply with all federal, provincial and
other municipal legislation.
105
DEFINITIONS
In this Bylaw:
Abut or abutting means immediately contiguous to or physically touching, and when used in respect of a lot, means
that the two abutting lots share a property line.
Accessory building means a building or structure separate and subordinate to the main building, the use of which is
incidental to that main building and is located on the same lot.
Accessory use means a use customarily incidental and subordinate to the main use or building and located on the
same lot with such main use or building.
Act means the Municipal Government Act, RSA 2000 and the regulations pursuant thereto.
Adjacent land or lot means property that abuts a lot or which would abut if it were not for an intervening highway,
road, lane, or public utility lot.
Agriculture means all forms of farming except for intensive livestock facilities.
Apartment building means a building containing at least three separate dwellings which share a common entrance
from outside the building.
Applicant means an owner, agent or any person, firm, or company required to obtain or having applied for a
development permit.
Bed and breakfast establishment means a business operated in a private house in which up to three rooms within the
house are made available for rent to short-term paying guests. This does not include a hotel, motel, boarding or
lodging house, or restaurant, as defined herein.
Billboard means a freestanding sign attached permanently and securely to the ground, engineered and maintained to
the satisfaction of the Development Authority.
Board means the Village of Forestburg's Subdivision and Development Appeal board.
Boarding or Lodging House means a private house that provides accommodations and meals for paying guests.
Buffer means an area where development is restricted by a row of trees, shrubs, fencing or other similar means to
provide visual screening and separation between sites, incompatible land uses, roadways or districts.
Building means anything constructed or placed on, in, over or under land but does not include a highway or a public
roadway or a bridge forming part of a highway or public roadway.
(Bylaw 7:2018)
"Cannabis" shall mean 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.
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Bylaw #10:2012
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"Cannabis Accessory" shall mean cannabis accessory as defined in the Cannabis Act (Canada) and its regulations, as
amended from time to time.
"Cannabis Retail Sales" means a development used for the retail sale, promotion, storage, distribution or dispensing of
cannabis or cannabis derived products. Incidental uses may include the sale of associated consumer products.
Church means a building used as a place or worship by any religion.
Conventional construction means a building constructed on site using conventional building materials and
construction methods, and includes construction using pre-built panels, sections, and trusses, but excludes
manufactured houses as defined in this Bylaw.
Council means the duly elected Council of the Village of Forestburg.
Day care facility means a building and program for the provision of care, maintenance, and supervision for children
under the age of 15 years, by a person not related to the children by blood or marriage, for periods of less than 24
consecutive hours.
Detached residence or house means a building which contains one dwelling unit and which may also contain one
secondary suite.
Development has the meanings listed in Section 616 of the Act:
i)
an excavation or stockpile and the creation of either of them,
ii) a building or an addition to or replacement or repair of a building and the construction or placing of any of
them on, in, over or under land,
iii) 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
iv) 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, and
also includes demolition.
Development Authority means a development authority established pursuant to the Act and may include one or more
of the following: a Designated Officer, a municipal planning commission, an inter-municipal planning commission, or
any other person or organization that has been authorized to exercise development powers on behalf of the
municipality.
Development Permit means a document issued under this bylaw authorizing development.
Discretionary use means the use of land or a building provided for in this Bylaw for which a development permit may
be issued upon an application having been made, and against which an appeal may be made by an affected person.
District means Land Use District.
Duplex means a building containing two dwelling units, sharing a common wall, with separate outside entrances for
each dwelling unit. This definition does not include a detached house with a secondary suite.
Dwelling unit means a self-contained living premises with cooking, eating, living, sleeping, and sanitary facilities
intended as a permanent residence and having an independent entrance either directly from the outside of the
building or through a common area inside the building.
Fence and screening means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or
to provide sound abatement. A fence includes hedges.
Front of a lot means, in the case of a corner lot, the shorter side.
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Bylaw #10:2012
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Front yard means that portion of the site extending across the full width of the lot from the front property boundary
of the lot to the minimum setback of the principal building as declared in the respective Land Use District, and shall be
measured at right angles to the front property boundary.
Garage means an accessory building or part of the principal building designed and used primarily for the storage of
non-commercial motor vehicles.
Grade of a lot means the average elevation of the lot corners.
Group care facility means a facility which provides continuing residential services to seven or more individuals, one or
more of whom are unrelated, and who require supervision because of their age, disability, or need for rehabilitation,
and where qualified staff are present at all times.
Group home means group care facility which provides accommodation for six or less people, but does not include a
foster home, day care facility, or family day home.
Hard surfacing of a parking stall means asphalt, concrete, stone, gravel or other all-weather surface treatment.
Height (of a building) means the vertical distance from grade level to the highest point on the roof of the building, but
excluding chimneys and aerials.
Home business means a business, trade, craft, occupation, storage activity, or other commercial operation in a
residence or accessory building on that site, on a scale greater than a home office, and carried on by the resident of
that site, and does not include the repair of motor vehicles.
Home office means an office in a residence which
i)
is not visited by a significant number of clients,
ii) does not change the external appearance or residential character of the residence or yard; and,
iii) is carried on only by the residents of that residence.
Hotel means a building designed for the accommodation of the travelling and vacationing public containing
guestrooms served by a common entrance as well as general kitchen and dining or other public rooms.
Livestock means ddomestic animals, such as cattle or horses, raised for home use or for profit.
Lot means an individual lot or parcel or bare land condominium unit for which a title has been issued, or, where two or
more lots are "tied" for assessment purposes, or are included in a single title, the area encompassed by the two or
more lots.
Main building means a building in which is conducted the main or principal use of the lot on which it is erected, and
includes a garage attached to a house.
Manufactured house or home means a new residential building containing one dwelling unit, built in a factory and
transported in one or more sections to a suitable site, and does not include "ready-to-move (RTM) home" or "mobile
home" or "modular home". The term manufactured home has replaced the former term mobile home. A
manufactured home is typically long and narrow, with a low roof pitch and narrow eaves and is not permanently
installed on a foundation.
Modular house or home means a new residential building containing one dwelling unit, but it may include a secondary
suite where this is allowed in Part 9 of this Bylaw. Modular homes are built in a factory and transported to a site to be
permanently installed on a foundation, and appear indistinguishable in design and finish from a site-built house. The
term modular home does not include manufactured home, mobile home, or RTM.
Mobile home means a detached dwelling unit built in a factory in one or two sections and designed to be readily
moved, and does not include manufactured home, modular home, or RTM. Mobile homes, at one time commonly
referred to as trailers, are no longer built in Alberta.
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Bylaw #10:2012
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Motel means a building or a group of buildings designed for the accommodation of the travelling or vacationing public
containing guestrooms served by separate entrances.
Municipal Development Plan means a plan adopted under Section 632 of the Act.
Municipality means the Village of Forestburg.
Owner means, in addition to the meanings set out in the Act, a purchaser under an agreement for sale that is the
subject of a caveat registered against the Certificate of Title of the land, and any assignee of the purchaser's interest
that is the subject of a caveat registered against the Certificate of Title.
Parking stall means a hard-surfaced area at least 6 metres in length and 3 metres in width, reserved for the parking of
motor vehicles.
Permitted use means the use of land or a building provided for in this Bylaw, and for which, if it complies in every way
with this Bylaw, a development permit shall be issued with or without conditions as provided for in this Bylaw.
Portable building means a building consisting of a light frame covered by plastic, canvas, or other membrane, and
normally used for storage.
(Bylaw 7:2018)
"Public Place" shall mean any place to which the public has access as of right or by invitation, express or implied, and
any motor vehicle located in a public place or in any place open to public view.
RTM or Ready-to-move house or home means a house built off-site in the same manner and to the same standards as
a site-built house, and then moved to the site and placed on a basement.
Rear yard means that portion of the site extending across the full width of the lot from the rear property boundary of
the lot to the nearest portion of the exterior wall of the building, and shall be measured at right angles to the rear
property line.
Residence means any building or structure used exclusively or primarily for human habitation and includes multiple
dwellings, apartments, lodging, and boarding houses, and (unless more closely defined for the purposes of one section
of the Bylaw) includes manufactured and modular homes.
Restaurant means a food establishment where food is sold or distributed in state ready for immediate consumption
and that has: seating or standing room designed for food consumption by patrons; or parking space under the control
of the owner provided so that a patron may consume food in a vehicle, and includes a canteen, cafeteria, dining room
or similar facility provided for employees, staff or students.
Road means the entire width of the right-of-way of a road or lane shown on a township plan, road plan, or plan of
subdivision, and not only the built traveling surface.
Row housing means a residential building containing at least 3 dwellings, each with direct outside access at grade.
Sea Cans means a shipping container, originally used for transporting goods, now used as an accessory building for
storage.
Secondary suite means a second self-contained dwelling unit that it located within the primary dwelling unit, where
both dwelling units are registered under the same land title. Secondary suites do not include garden suites, or suites
above detached garages, which are not allowed in this Bylaw.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 10 of 66
Service station means a business selling motor fuels to the public, and includes freestanding service stations, gas bars,
and the fuel sales component of any automobile supply or repair business, but does not include key lock or bulk fuel
sales.
Setback means the distance between the closest part of a building and the front, side, or rear property line of the lot,
measured at right angles to that property line.
Side yard means that portion of the site extending from the front yard to the rear yard and lying between the side
property boundary of the lot and the nearest portion of the exterior wall of the building, and shall be measured at
right angles to the side property boundary.
Sign means an object or device primarily intended to advertise or call attention to any person, matter, thing, or event.
Site means the one or more lots on which a development exists or is proposed, and may include nearby lanes,
boulevards, and roads on which associated development exists or is proposed.
Suite means an area within a residence which provides a self contained living area with its own cooking and washing
facilities.
Temporary building means a building which will be removed within a year of its being erected. Note that this
definition is not the same as that in the Alberta Building Code.
Use means a use of land or a building as determined by the Development Authority or on appeal by the Subdivision
and Development Appeal Board.
Utility building means a building in which a utility company houses any equipment used in connection with the utility,
but excludes offices.
Yard means the open space between the outside wall of the main building on a lot and the boundaries of that lot.
(Bylaw 7:2018)
"Young Person" shall mean an individual who is under 18 years of age.
All other words have the meanings assigned to them by Sections 1 and 616 of the Act, or common dictionary
meanings.
106
INTERPRETATION
106.1
Units of Measurement:
106.1.1
In accordance with Alberta Land Titles practice, all areas and distances in this Bylaw are in metric
measure.
106.1.2
Metric Conversions to be utilized by the reader are as follows:
♦ 1.0 metre = 3.281 feet
♦ 1.0 square metre = 10.8 square feet
♦ 1 hectare = 2.47 acres
♦ 1.0 kilogram = 2.2 lbs.
♦ 1.0 cubic metre = 220 gallons
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Bylaw #10:2012
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Imperial equivalents are given as a convenience but may not be exact. In case of conflict, the
metric measure shall govern.
106.2
Where a property boundary is also the boundary of a land use district, and the property boundary is moved
by subdivision, the land use district boundary follows the new property boundary.
106.3
Words used in the present tense include the other tenses and derivative forms. Words used in the singular
include the plural and vice versa. Words have the same meaning whether they are capitalized or not.
106.4
The words shall and must require mandatory compliance except where a variance has been granted pursuant
to the Act or this Bylaw.
106.5
Words, phrases and terms not defined in this part may be given their definition in existing legislation and
regulations, such as the Act or the Alberta Building Code. Other words shall be given their usual and
customary meaning.
106.6
Where a regulation involves two or more conditions or provisions connected by the conjunction and means
all the connected items shall apply in combination; or indicates that the connected items may apply singly or
in combination; and and/or indicates the items shall apply singly or in combination.
106.7
Any doubt as to the meaning of a word, or the boundaries of a land use district, shall be settled by a
resolution of Council.
106.8
Roads, lanes, and other land to which no title has been issued are not included in any land use district.
107
FORMS AND FEES
107.1
Forms and fees referred to in this Bylaw shall be established by resolution of Council. Where no such
resolution has been made under this Bylaw, the forms and fees in effect under Bylaw 11:2009 and any
subsequent revisions of Bylaw 11:2009 shall be used.
108
REQUIREMENTS OF OTHER AUTHORITIES
108.1
A development authorized under this Bylaw is subject to provincial and federal law, other bylaws, statutory
plans, intermunicipal agreements, and any easements, caveats, covenants, and other encumbrances on the
title to the land in question, whether or not the development permit refers to these other requirements.
108.2
Nothing in this Bylaw removes the obligation of a person to obtain other permits, licences, or approvals
required under other legislation.
109
SEVERABILITY
109.1
If any part of this Bylaw is found to be invalid, all remaining provisions remain in force and effect.
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Part 2: Administration
201
DEVELOPMENT AUTHORITY
201.1
The office of Development Authority is hereby established and shall be filled by a person or persons
appointed by resolution of Council. If no such person is appointed, the function shall be performed by the
Chief Administrative Officer.
201.2
The Development Authority shall:
201.2.1
maintain a paper copy of this Bylaw as amended, and make it available to any person on a cost
recovery basis,
201.2.2
post a copy of this Bylaw on the municipal website in a format that can be downloaded and
printed,
201.2.3
maintain a register of all applications, the decisions made on them, and the reasons for those
decisions, and make it available to any person at no charge,
201.2.4
review and process all applications for a development permit, and make and issue a decision in
accordance with this Bylaw,
201.2.5
issue letters of compliance certifying whether or not a building or land use complies with this
Bylaw,
201.2.6
enforce this Bylaw in conformance with the Act, and
201.2.7
carry out the other duties imposed by this Bylaw and the Act.
201.3
For the purposes of Section 542 of the Act, the Development Authority is an authorized person of the
municipality.
201.4
In accordance with common usage, the Development Authority may also be referred to as the Development
Officer.
202
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
202.1
The Subdivision and Development Appeal Board (SDAB) established by Council shall perform such duties as
are specified in the Act.
202.2
At the appeal hearing the SDAB:
202.2.1 shall hear all those persons that it is required to hear under the Act,
202.2.2 should the SDAB desire legal or technical opinions, it may adjourn the hearing pending receipt of
such information, opinions or other assistance the Subdivision and Development Appeal Board as
established by this Bylaw.
202.3
The Chairperson shall be responsible with respect to all things required to be carried out by the Board under
the Act to see that they are carried out in accordance with the provisions of the Act, and;
202.3.1 Is empowered to rule that evidence presented is irrelevant to the matter in issue and to direct the
members to disregard the evidence;
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202.3.2 May limit a submission if it is determined to be repetitious; and
202.3.3 When a hearing is adjourned, but the time and place for the continuation of the hearing is not fixed,
shall announce that notice of continuation of the meeting will be sent to those persons leaving their
name and address with the Secretary. Thereafter, only those persons leaving their name and address
shall be entitled to notice of the continuation of the hearing.
202.4
After hearing all submissions, the SDAB may deliberate and reach its decision in private. In arriving at its
decision the majority vote of those members present shall constitute the decision of the SDAB. If the vote
results in a tie, the appeal is lost.
202.5
The Secretary or Chairperson may make a verbal announcement of the SDAB's decision at the conclusion of
the hearing of an appeal, but the verbal decision is neither final or binding on the SDAB, and no rights are
conferred upon any party by the SDAB's verbal decision until written notice of the decision has been given in
accordance with the Act.
202.6
The SDAB shall give its decision and reasons in accordance with the Act to the applicant, the appellant, and
those affected persons who gave their name and address to the Secretary during the hearing.
202.7
The Secretary shall, under the direction of the SDAB:
202.7.1 Notify members of the meetings of the SDAB;
202.7.2 Keep available for public inspection before the commencement of the public hearing, all relevant
documents and materials respecting an appeal under the Act, including the application for the
development permit or subdivision, and the appeal thereof, or the order of a Development Officer
under Section 645 of the Act, as the case may be;
202.7.3 Make and keep a written record of the proceedings of the SDAB which shall include:
202.7.3.1
a summary of the evidence presented at the hearing;
202.7.3.2
the decision of the development approving authority;
202.7.3.3
the notice of Appeal and Hearing of the Appeal;
202.7.3.4
the SDAB's decision, including reasons, for each appeal.
202.7.4 Keep a list of names and addresses of persons who leave their names and addresses with the
Secretary; and
202.7.5 Keep a record of all business coming before the SDAB and after the adoption of the minutes of each
meeting of the SDAB, transmit a copy of the minutes to Council.
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Page 14 of 66
Part 3: Scope
301
DEVELOPMENT PERMIT REQUIRED
301.1
No development other than that listed in the following section shall be undertaken within the municipality
unless an application for it has been made and a development permit has been issued.
302
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
302.1
A Development Permit is not required for the following developments provided that the proposed
development complies with all applicable regulations of this Bylaw:
302.1.1
any use of land or a building which is exempt under Sections 618 or 619 of the Act or under
regulations pursuant to those sections,
(Bylaw 5:2016) A fence or a deck which is being replaced due to deterioration with the following
stipulations:
302.1.1.1
Fence Replacement:
a) The location of the fence is not changing unless it is being moved to be fully
located within the owner's property lines; and,
b) The height of the fence to be replaced must be in compliance with current
requirements.
302.1.1.2
Deck Replacement:
a) The size of the deck is not changing; and,
b) The location of the existing deck must be in compliance with current
requirements.
302.1.2
the continuation of a use for which a permit was issued to a former owner or occupant of land or a
building,
302.1.3
the completion of any development which has lawfully commenced before the passage of the
Land Use Bylaw or any amendment thereof, provided that the development is completed in
accordance with the terms of any permit granted in respect of it, and provided that it has
commenced within 12 months of the date of approval.
302.1.3
the use of a building or property which was authorized under a previous bylaw,
302.1.4
the maintenance or repair of any building, provided that such works do not include structural
alterations or major works of renovation,
302.1.5
Internal alterations to a building, provided these alterations do not result in an increase in the
number of dwelling units in the building (note that a permit under the Safety Codes Act may still
be required),
302.1.6
landscaping and paving, provided that grades and off-site water flows are not altered,
302.1.7
the construction or maintenance of any utility, work, or improvement undertaken by the
municipality or a utility in a street or utility lot,
302.1.8
a temporary building as defined by this Bylaw, the sole purpose of which is incidental to the
erection or alteration of a building, for which a permit has been issued under this Bylaw,
302.1.9
a deck with a walking surface no more than 30 cm (one foot) above grade.
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302.1.10 a sign which is exempt under Section 817 of this Bylaw, and
302.1.11 New single storey buildings, not on permanent foundation, less than 10 square metres (110 sq ft)
in size which are accessory to a residential use. These buildings are bound by yard and setback
rules.
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303
NON-CONFORMING BUILDINGS AND USES
303.1
If a building or land use is not allowed in this Bylaw, but was legally in existence at the date of passage of this
Bylaw, it may continue legally as a non-conforming use and be maintained pursuant to Section 643 of the Act,
but it may not be enlarged or replaced except pursuant to this Bylaw.
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Part 4: Development Permits
401
APPLICATION FOR A DEVELOPMENT PERMIT
401.1
An application for a development permit shall be made to the Development Authority in writing on the
appropriate form, signed by the owner or his authorized agent, and shall be accompanied by:
401.1.1 a statement of the former, present, and proposed use of a lot and any buildings on it,
401.1.2 the legal description and municipal address,
401.1.3 a site plan drawn to scale and showing:
401.1.3.1
the boundaries of the lot,
401.1.3.2
the adjacent streets and lanes,
401.1.3.3
the locations of existing and proposed buildings and any roof overhangs,
401.1.3.4
any front, rear, and side yards setbacks,
401.1.3.5
access and egress points to the site,
401.1.3.6
provision for off-street loading and vehicle parking,
401.1.3.7
all easements and utilities and the proposed connections to utilities,
401.1.3.8
existing and proposed fire hydrants, and
401.1.3.9
existing and proposed site grading, drainage, and landscaping.
401.1.4 the estimated commencement and completion dates of any construction,
401.1.5 in the case of a manufactured home, its CSA number or other unique identifier,
401.1.6 the estimated cost of the project or contract price, and
401.1.7 the appropriate fee.
401.2
The Development Authority may also request:
401.2.1 drawings and sections of the proposed building with details of the finish of the building and the
landscaping of the lot,
401.2.2 a real property report drawn by an Alberta Land Surveyor, if there is any doubt as to the boundaries
of the lot,
401.2.3 engineering and other reports to prove the safety and suitability of the site for the purpose
intended, including a declaration that the site is free from contamination,
401.2.4 a copy of the current title to the lot, and
401.2.5 any other information which he deems necessary to make an informed decision on the proposed
development.
401.3
An application for a development permit is not complete, and the time available to the Development
Authority to make a decision under Section 404 of this Bylaw does not commence until the items listed above
have been supplied.
401.4
Pursuant to Section 640(5) of the Act, when an application for a development permit or change of land use
designation has been refused, the Development Authority may refuse to accept another application on the
same property and for the same or similar use of the land by the same or any other applicant for six (6)
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months after the date of previous refusal, unless the circumstances have changed sufficiently to warrant
otherwise.
402
DIRECT CONTROL DISTRICTS
402.1
If a proposed subdivision or development in a Direct Control district is consistent with the Municipal
Development Plan and other written municipal policies, the Development Authority may approve the
application, with or without conditions.
402.2
In all other cases, a proposed development in a Direct Control district shall be referred to Council for a
decision.
403
PUBLIC CONSULTATION PRIOR TO DECISION
403.1
Before deciding on an application for a development permit for a discretionary use, or before relaxing or
waiving or interpreting any part of the Bylaw, the Development Authority may at his discretion consult the
owners of nearby land by mail or by advertising in the local newspaper, and if the neighbouring landowners
reply within fourteen (14) days, the Development Authority shall consider their comments and
recommendations before issuing a development permit.
404
DECISION BY THE DEVELOPMENT AUTHORITY
404.1
Subject to Section 402 of this Bylaw, the Development Authority shall decide on all applications for a
development permit.
404.2
The Development Authority shall decide upon an application for a development permit within forty (40) days
of receiving a complete application.
404.3
An applicant for a development permit may authorize the Development Authority, in writing, to take a longer
period of time to make a decision.
404.4
An application for a development permit may, at the option of the applicant, be deemed to be refused when
a decision is not made on it by the Development Authority within forty (40) days after receipt of the
application by the Development Authority, and the applicant may appeal as if the application had been
refused.
404.5
In the case where a proposed specific use of land or a building is not provided for in any district in this Bylaw,
the Development Authority may determine that such use is similar in character and purpose to a permitted or
discretionary use prescribed for that district in Part 9 of this Bylaw, and approve it.
404.6
Consistent with Section 640(6) of the Act, the Development Authority may approve an application for a
development permit, notwithstanding that the proposed development does not comply with this Bylaw if in
his opinion, the proposed development would not:
404.6.1
unduly interfere with the amenities of the neighbourhood, or
404.6.2
materially interfere with or affect the use, enjoyment, or value of neighbouring land, and
404.6.3
the proposed development conforms with the use prescribed for the land or building in this
Bylaw,
and this power extends to nonconforming buildings pursuant to Section 643(5)(c) of the Act.
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404.7
The Development Authority may at his discretion relax any required setback by up to 50%, and any required
lot size or building size by up to 20%.
404.8
If the amount of the relaxation under Section 404.7 is not more than 10%, the relaxed dimension or area is
deemed to meet the requirements of this Bylaw, and the relaxation need not be advertised.
404.9
If the amount of the relaxation under Section 404.7 is more than 10%, the relaxation is deemed to be an
exercise of discretion and must be advertised under Section 408 of this Bylaw.
404.10 The Development Authority may approve an application unconditionally, or impose conditions considered
appropriate, either permanently or for a limited period of time, or refuse the application.
404.11 The Development Authority may refuse to issue a development permit for an accessory building if no main
building exists on the lot.
404.12 When the Development Authority refuses an application for a development permit, the decision shall contain
reasons for the refusal.
404.13 The Development Authority may issue a letter of compliance for a building despite it having insufficient
setbacks if in his opinion it is consistent with Section 404.6 of this Bylaw.
405
CONDITIONS ATTACHED TO DEVELOPMENT PERMITS
405.1
The Development Authority may issue a development permit subject to the condition that the applicant:
405.1.1
amends the proposal to conform with this or other bylaws, or with any easement, caveat,
covenant, or other instrument registered on the title to the land,
405.1.2
pays an off-site levy or redevelopment levy imposed by bylaw,
405.1.3
services the site with utilities, or enters into an agreement with the municipality to do so,
405.1.4
registers an easement to protect a utility line,
405.1.5
fences the site during construction,
405.1.6
repairs any municipal improvements that may be damaged as a result of the development,
405.1.7
submits a real property report when the footings have been poured, but before starting work on
the building above grade (but this shall be required only if there is a reasonable doubt as to the
location of the footings relative to the property lines),
405.1.8
finishes a building or landscapes or paves a lot, within a stated period of time,
405.1.9
grades a lot to the satisfaction of the municipality,
405.1.10
landscapes a lot to a standard which is compatible to the standards set by surrounding
properties.
405.1.11
supplies parking to meet the requirements of this Bylaw,
405.1.12
registers a restrictive covenant concerning architectural controls and landscaping,
405.1.13
meets other requirements of this Bylaw or other municipal bylaws and policies, or
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405.1.14
deposits cash, a letter of credit, or a performance bond guaranteeing that any of the above
conditions are met.
406
ISSUANCE OF DEVELOPMENT PERMITS
406.1
A development permit does not come into effect until fourteen (14) days after the date of issue.
406.2
If a valid appeal is made pursuant to this Bylaw, a development permit which has been granted shall be
suspended until the appeal has been determined.
406.3
A decision of the Development Authority on an application for a development permit shall be given in writing,
and a copy of it shall be sent to the applicant and to any person who has expressed an interest in the matter.
407
CANCELLATION OF A DEVELOPMENT PERMIT
407.1
If the development authorized by a permit is not commenced within six (6) months and completed within
twelve (12) months from the date of issue, and carried out with reasonable diligence, the permit expires,
unless an extension has previously been granted by the Development Authority.
407.2
If a development permit was issued in error, or was obtained through misrepresentation, the Development
Authority may revoke it by sending a notice to the applicant by registered mail or by hand delivery.
408
NOTICE OF DECISION
408.1
When a permit has been granted for a discretionary use or pursuant to Sections 404.5 to 404.9 of this Bylaw,
the Development Authority:
408.1.1
shall immediately mail a notice in writing to the registered owners of all land within sixty (60)
metres of the proposed development, and to any other person who may, in his opinion, be
affected, and
408.1.2
shall immediately post a notice of the decision conspicuously on the property for which the
application has been made,
408.1.3
may immediately publish in a newspaper circulating in the municipality a notice stating the
location of the property for which the application has been made and the use approved, and
the notice shall set out the rights of persons to appeal against the issue of the development permit.
409
RETURN OF SECURITY DEPOSIT
409.1
A security deposit made under Section 405.1.14 of this Bylaw shall be returned to the applicant, less any
deduction to pay for damages or shortfalls, once the work has been completed to the satisfaction of the
municipality.
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Part 5: Appeals
501
APPEAL PROCEDURE
501.1
An appeal against a decision (or failure to make a decision) by the Development Authority may be made by
any person claiming to be affected, and shall be launched by filing notice, with the appropriate fee, with the
Secretary of the Subdivision and Development Appeal Board within fourteen (14) days of the date of the
decision.
501.2
If an appeal is launched by a person other than the applicant, the Development Authority shall immediately
advise the applicant that all construction must cease until the appeal has been heard.
501.3
In advertising, hearing and determining an appeal, the Board shall follow the procedure set out in Sections
685 to 687 of the Act.
501.4
In making its decision, the Subdivision and Development Appeal Board is bound by the uses of land set out in
this Bylaw, and shall have regard for all other parts of this Bylaw and all statutory plans.
501.5
Pursuant to Section 641.4 of the Act, a decision by Council under Section 402.2 of this Bylaw may not be
appealed to the Subdivision and Development Appeal Board.
502
JUDICIAL REVIEW
502.1
A decision of the Subdivision and Development Appeal Board, and a decision of Council under Section 402.2
of this Bylaw, is final and binding on all persons subject only to an appeal upon a question of law or
jurisdiction pursuant to Section 688 of the Act.
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Part 6: Contravention and Enforcement
601
CONTRAVENTION
601.1
No person shall contravene this Bylaw by commencing or undertaking a development, use or sign that is not
permitted under this Bylaw.
601.2
No person shall authorize or do any development that is at variance with the description, specifications or
plans that were the basis for issuing a development permit under this Bylaw.
601.3
No person shall contravene a condition of a permit issued under this Bylaw.
601.3
If the Development Authority finds that a development or use of land or buildings is not in accordance with
the Act, a development permit or subdivision approval, or this Bylaw, he may proceed under Sections 541 to
556 and/or Sections 645 and 646 of the Act.
602
STOP ORDER
602.1
If the Development Authority finds that a development, land use or use of a building is not in accordance with
the Act, this Bylaw, a development permit or subdivision approval, the Development Authority may issue a
written Stop Order to the owner, the person in possession of the land or building, or other person responsible
for the contravention, or all or any of them to:
602.1.1 Stop the development or use of the land or building in whole or part as directed by the notice;
602.1.2 Demolish, remove or replace the development; or
602.1.3 Carry out any other actions required by the notice so that the development or use of the land or
building complies with the Municipal Government Act or this Bylaw, a development permit or a
subdivision approval within the time set out in the notice.
602.2
A person may appeal a Stop Order to the Subdivision and Development Appeal Board.
602.3
If a person fails or refuses to comply with a Stop Order, the Village may, in accordance with Section 542 of the
Municipal Government Act, enter upon the land or building and take such action as is necessary to carry out
the order.
602.4
The Village may register a caveat with respect to the Stop Order in the Land Titles Office.
602.5
If the Village takes action to carry out a Stop Order the Village shall cause the costs and expenses incurred in
doing so to be placed on the tax roll of the property concerned.
603
OFFENCES AND PENALTIES
603.1
Any person who:
603.1.1 contravenes or fails to comply with any provision of this bylaw or any permit issued hereunder; or
603.1.2 erects or places a sign in contravention of this bylaw; or
603.1.3 obstructs or hinders any person in the performance of his duties under this bylaw; or
603.1.4 fails to comply with any order of the Development Officer;
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is guilty of an offence and is liable on a first offence to a penalty up to $500.00 under Section 566 of the Act.
The penalty for a second offence shall be $1,500.00.
603.2
Where a Bylaw Enforcement Officer has reasonable grounds to believe that a person has contravened any
provision of this bylaw, he may serve upon such person an offence ticket allowing the payment of the
specified penalty to the Village in lieu of prosecution for the offence.
603.3
If a person starts construction before obtaining a development permit, the fee for the development permit
shall be doubled.
603.4
Council may, by resolution, revise penalties for contravention of or non-compliance with the provisions of this
Bylaw.
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Part 7: Amendment
701
AMENDMENT
701.1
An applicant may apply to have this Bylaw amended by submitting the appropriate application to the
Development Authority. The application for amendment must be accompanied by the following:
702.1.1 the consent of the owner of that land, if different from the applicant,
702.1.2 a certificate of title of the land affected by the proposed development that has been issued by Land
Titles within the last thirty days or other documents satisfactory to the Development Authority,
702.1.3 the applicant's name address and interest in the subject property, and
702.1.4 an accurate and fully dimensioned graphic representation of the subject lands affected by the
proposed amendment;
701.1.5 a brief written statement by the applicant providing reasons and support for the application;
701.1.6 permission for right-of-entry by the Development Authority and/or other persons authorized by the
Village; and
701.1.7 such additional information as the Development Authority may require.
701.1.8 a non-refundable application fee, as determined by resolution of Council from time to time.
701.2
Council may at any time, commence an amendment to this Bylaw by directing the Development Authority to
initiate an application to amend the Land Use Bylaw.
701.3
An amendment to this Bylaw must be consistent with the Act and Regulations, the Municipal Development
Plan, and any area structure plan that has been adopted by bylaw.
701.4
A proposal to amend this Bylaw must be advertised in the same way as a Notice of Decision as set out in
Section 408 of this Bylaw.
702
THE AMENDMENT PROCESS
702.1
Upon receipt of a complete application, it shall be referred to:
702.1.1 administration for the drafting of a proposed Land Use Bylaw amendment; and
702.1.2 Council for introduction and to establish a Public Hearing date.
702.2
A notice of the application shall be published in two (2) issues of a newspaper circulating in the municipality.
702.3
The notice shall also be mailed to each owner of land that is the subject of the proposed amendment, as well
as all adjacent landowners. The notice shall contain:
702.3.1 if the amendment involves the redesignation of land to a different land use District, the legal
description of the land and a map illustrating the lands in question;
702.3.2 the purpose of the proposed amendment;
702.3.3 the location where a copy of the proposed amendment may be inspected by the public;
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702.3.4 the date, place and time that Council will hold a public hearing on the proposed amending Bylaw;
702.3.5 an outline of the procedures to be followed by anyone wishing to be heard at the public hearing; and
702.3.6 an outline of the procedures by which the public hearing will be conducted.
702.4
The application may be referred to any agency as deemed necessary for comment and advice.
702.5
Council, after considering any representations made at the public hearing; and any municipal development
plan, area structure plan or area redevelopment plan affecting the application and the provisions of this
Bylaw may:
702.5.2.1
make such changes as it considers necessary to the proposed amendment, if any, and proceed
to pass the proposed amendment, or
702.5.2.2
defeat the proposed amendment.
702.6
Where an application for an amendment has been refused by Council, the Development Authority shall
refuse to accept another application on the same land for the same or similar purpose until six (6) months
have passed from the date of such refusal.
703
ADDITIONAL REQUIREMENTS
703.1
Council may require that an area structure plan or outline plan be prepared for a proposed land use bylaw
amendment, subdivision or development of six (6) or more lots within a proposed development site. These
plans shall address the following issues to the satisfaction of Council:
703.1.1
conformity with this Plan, other statutory and non-statutory plans, if any, and the Land Use
Bylaw;
703.1.2
impacts on adjacent uses, environmentally sensitive areas, and recreational uses, including
provision for buffers;
703.1.3
detailed site plans indicating proposed land uses, setbacks from environmentally sensitive areas
as applicable, existing and proposed vegetation patterns, and proposed access points to
environmentally sensitive areas;
703.1.4
proposed methods of water supply, sewage disposal, and storm drainage;
703.1.5
access, internal circulation, and impacts on the transportation network;
703.1.6
allocation of municipal and environmental reserve, if required; and
703.1.7
fire safety and emergency planning.
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Part 8: General Regulations
The regulations in Part 8 apply in all land use districts.
801
BOARDERS AND LODGERS
801.1
Boarders and lodgers are not permitted in any residence which includes a secondary suite.
801.2
Subject to the above, up to two boarders or lodgers may be accommodated in any residence without a
development permit, but any larger number requires a permit as a discretionary use.
801A
CANNABIS PRODUCTION (Bylaw 7:2018)
801A.1 Cannabis Production will not be permitted in any residential land use district
801A.2 Cannabis Production will be a discretionary use in the following districts:
M - Industrial District
801A.3 An application for a development permit for cannabis production must include proof of approval
from the Government of Canada in addition to all other requirements noted in Section 401 of this
bylaw.
801B
CANNABIS RETAIL SALES
801B.1 Cannabis Retail Sales will not be permitted in any residential land use district.
801B.2 Cannabis Retail Sales will be a discretionary use in the following districts:
C1 - Central Commercial District
C2 - Highway Commercial District
801B.3 Location: No Cannabis Retail Sales will be permitted within 100 metres (328 feet) from any place
where young people frequent including, but not limited to: schools, playgrounds, daycare centres,
day homes, library, recreational facilities
No Cannabis Retail Sales will be permitted within 50 metres (164 feet) of any place of worship
No Cannabis Retail Sales will be permitted within 500 metres (164 feet) from any existing Cannabis
Retail Sales outlets or liquor sales outlets
801B.4 Garbage Control: The site shall be provided with garbage receptacles that have locks to ensure that
no unauthorized intrusion into the receptacles is possible. Garbage receptacles containing debris
from the cannabis plants or marijuana must be stored inside a building until picked up by the
appropriate authorities.
801B.5 An application for a development permit for cannabis retail sales must include proof of approval to
conduct sales of recreational marijuana from Alberta Gaming and Liquor Commission in addition to
all other requirements noted in Section 401 of this bylaw.
802
CONTAMINATED AND HAZARDOUS SITES
802.1
If it appears to the Development Authority that a site may be contaminated as a result of a former use, or if
the site appears to be hazardous in any way, the Development Authority may require the applicant for a
development permit to supply evidence that the site is free of contamination and suitable for the proposed
use, and lacking such information, the Development Authority may refuse the application.
803
DESIGN, CONSTRUCTION, AND TREATMENT OF BUILDINGS
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803.1
As a condition of issuing a development permit, the Development Authority may require changes to a
proposed building or structure if in his opinion the design, construction, or treatment is incompatible with the
neighbouring buildings, even if the proposed building is permitted by Part 9 of this Bylaw.
804
DRIVE IN BUSINESSES
804.1
Location: Despite their being listed as approved uses in a land use district, drive in businesses are permitted
only where passing traffic will not be impeded, and traffic entering and leaving the business will not endanger
pedestrians.
804.2
Curb cuts: Curb cuts shall be situated at a location approved by the Development Authority, and no closer
than 12 metres (40 feet) to the curb intersection of two streets.
804.3
Hard surfacing: All parts of the site to which vehicles have access shall be hard surfaced and drained to the
satisfaction of the Development Authority.
804.4
Parking and stacking: The lot shall be large enough to accommodate all necessary parking, and provide room
for vehicles awaiting service so that they do not back up into the adjacent street.
804.5
Garbage control: The site shall be provided with adequate garbage receptacles, and shall be fenced to the
satisfaction of the Development Authority so garbage is prevented from blowing off the site.
804.6
Screening: If the site is adjacent to a residence, the Development Authority may require that the site be
screened to his satisfaction. Screening shall be in the form of fences, hedges, landscaped berms or other
means along the property lines where such lines are coterminous with a residential property line or are
adjacent to lanes that abut a neighbouring residential property. Such screening shall be at least 2.0 m (6.6 ft.)
high. Length and width of the screening shall be at the discretion of the Development Authority.
805
FENCES AND SCREENING
805.1
A fence requires a development permit.
805.2
Fences shall complement the character and quality of the principal building.
805.2
In residential districts, no fence shall be higher than 2 metres (6.5 feet) in side and rear yards and no higher
than 1 metre (3 feet) in front yards.
805.4
The maximum fence heights allowed in this section do not apply to swimming pools, which are governed by
the Alberta Building Code.
805.5
Commercial/industrial buildings adjacent to residential areas must be screened by a fence of not less than 2.0
m (6.6 ft.) in height on those sides of the commercial lot abutting the residential area.
805.6
In the case of drive-in businesses, car washing establishments, service stations and gas bars, landscaping shall
be provided and maintained to the satisfaction of the Development Authority. Solid fences shall be provided
with at least 2.0 m (6.6 ft.) in height adjacent to residential areas.
805.7
Barbed wire may be used only:
805.7.1 for fences surrounding land on which the grazing of livestock is a permitted or discretionary use,
805.7.2 as the top strands of a fence in a commercial or industrial district, and provided the lowest strand of
barbed wire is at least 1.75 metres (6 feet) above ground level,
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805.7.3 where required by other legislation,
No barbed wire fences shall be permitted in residential areas.
805.8
Notwithstanding 805.2 and 805.7, a higher fence or a fence with barbed or other security features may be
approved for public safety, security, privacy or buffering purposes.
805.9
No electric fence shall be constructed except as an internal cross-fence on land on which grazing of livestock
is a permitted or discretionary use.
805.10 Fences shall be of a material and design acceptable to the Development Authority.
805.11 Fences constructed on a corner lot, or with a rear lane way shall comply with section 821 with regards to
traffic visibility.
805.12 Unless required as part of the sale, promotion or display of the vehicle, equipment or product, all outdoor
storage of vehicles, equipment, or products shall be screened from public view to the satisfaction of the
Development Authority.
805.13 For bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe storage and similar
uses, where because of height of materials stored, a screen planting would not be sufficient, a fence, earth
berm or combination thereof to the satisfaction of the Development Authority, shall be required.
805.14 A proposal to construct a fence that does not comply with this section shall be advertised as a discretionary
use.
806
GRADING OF LOTS
806.1
No land shall be filled or raised, and no grading or drainage affecting adjacent property shall be undertaken,
unless a development permit has been issued for the work.
806.2
Any lot grading and drainage must comply with the municipality's engineering standards or, if no such
standards have been adopted, with good municipal engineering practice.
807
LIVESTOCK
807.1
No livestock other than normal domestic pets shall be kept in any district except UX or DC.
807.2
This section does not apply to auction marts, slaughterhouses, and veterinary clinics
808
LOADING
808.1
Where a business or a facility is likely to receive large quantities of goods, or frequent deliveries, the
Development Authority may require that an off-street loading dock be provided, adequate to accommodate
the expected traffic without disrupting the flow of vehicles on adjacent streets.
808.2
Cannabis Retail Sales and Cannabis Production (Bylaw 7:2018)
An off-street loading dock must be provided, adequate to accommodate the expected traffic without
disrupting the flow of vehicles on adjacent streets.
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809
MOVED IN BUILDINGS
809.1
A person wishing to move an existing building on to a lot shall make an application for a development permit
in the usual way and shall also provide:
809.1.1
photographs showing all sides of the building,
809.1.2
a statement from a certified building inspector of the type of construction, condition, and age of
the building, and
809.1.3
a statement of proposed improvements with an estimate of costs.
809.2
The Development Authority shall inspect the building which is proposed to be moved in, or have another
qualified person do so, and in either case the expenses of such inspection, including the inspector's time, shall
be paid by the applicant before any development permit is issued.
809.3
The Development Authority shall consider whether the building is compatible with the character of the
neighbourhood in which it is proposed to be set, and may refuse a development permit if, in his opinion, the
building is unsuitable.
809.4
The Development Authority may issue a development permit subject to such conditions as he believes
necessary to bring the building up to a suitable standard prior to occupancy.
809.5
The Development Authority may require a letter of security and/or performance bond of up to $5,000 to
guarantee satisfactory completion of work stipulated in the Development Permit.
809.6
This section does not apply to new storage sheds, or to temporary buildings authorized under Section 302 of
this Bylaw, or to new manufactured or RTM or modular homes being moved in to a district where they are a
permitted or discretionary use.
810
OUTSIDE STORAGE IN RESIDENTIAL AREAS
810.1
Except as allowed in the regulations for the RMX district, no person shall keep or store in any part of a yard in
a residential land use district any object or chattel which, in the opinion of the Development Authority, is
unsafe, unsightly or tends to adversely affect the amenities of the district. This includes, but is not limited to:
810.1.1
any dismantled or wrecked motor vehicle,
810.1.2
explosives, flammable liquids, toxic chemicals, diesel fuel or gasoline products,
810.1.3
a loaded or unloaded commercial vehicle with a maximum weight in excess of 5500 kg, or
810.1.4
any excavation, storage or piling up of materials required during the construction stage unless
all necessary safety measures are undertaken, and the owner of such materials or excavations
assumes full responsibility to ensure the situation does not prevail any longer than reasonably
necessary to complete a particular stage of construction work.
811
OUTSIDE STORAGE IN NON-RESIDENTIAL AREAS
811.1
The Development Authority shall regulate the outside storage and display of raw materials, components,
unfinished goods and waste products so that they do not reduce the enjoyment or value of adjacent
properties, and in order to do this, may require that goods and materials be fenced, screened, or stored in
specific locations.
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812
OVERHANGS AND ENCROACHMENTS INTO YARDS
812.1
Structures attached to a building such as decks less than 30 cm (one foot) above grade, balconies, bay
windows, chimneys, eaves, open steps, and sills may encroach into the yard setbacks as required by Part 9 of
this Bylaw by the following distances:
812.1.1
1.5 metres (5 feet) into yard setbacks of 4 metres (13 feet) or more, and
812.1.2
60 cm (2 feet) into yard setbacks of between 1.5 metres (5 feet) and 4 metres (13 feet).
812.2
Encroachments greater than those set out above may be allowed by the Development Authority but are
deemed to be discretionary and thus appealable.
812.3
A deck which is attached to a main building, and which has a walking surface 30 cm (one foot) or more above
grade, is deemed to be a part of the main building, and is subject to the yard, site coverage, and setback
requirements for a main building set out in Part 9 of this Bylaw.
812.4
For multi-attached dwellings, balconies and decks may be extended to the common lot line or common wall,
provided that the common wall is extended for separation or privacy.
812.5
No projection will be permitted if, in the opinion of the Development Authority, it may interfere with a
loading space, parking area, driveway or other vehicle or pedestrian circulation or access.
812.6
No projection will be permitted into the side yard required for vehicular access to the rear yard, unless a
minimum vertical height of 3.0 metres (9.8 feet) from finished grade to the lowest point of the projection is
maintained.
813
OVERHANGS AND ENCROACHMENTS INTO ROADS
813.1
No sign, building, or parking stall may encroach over or onto a road unless the person responsible for the
encroaching object:
813.1.1
has signed an encroachment agreement with the municipality, and
813.1.2
where required by the municipality, maintains liability insurance naming the municipality as co-
insured.
813.2
This section does not apply to awning and fascia signs encroaching less than 30 cm over a road.
814
SEA CANS
814.1
Sea Cans shall only be permitted in Highway Commercial District (C2) or Industrial Districts (M).
814.2
Sea Cans shall be permitted on a discretionary basis in Central Commercial Districts (C1).
814.3
A maximum of one (1) Sea Can may be permitted per one hectare of property.
814.4
A maximum of one (1) Sea Can may be permitted on properties with less than one (1) hectare.
814.5
Sea Cans must comply with sections 810 and 811 with regards to storage of goods.
814.6
Sea Cans must either be properly screened or have an exterior finish that compliments the principal building
of the lot.
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814.7
Modifications to Sea Cans, including but not limited to:
814.7.1
supplementary roofing; or,
814.7.2
permanent attachment to an adjacent structure, including another Sea Can; or,
814.7.3
other alterations as determined by the Development Officer;
may require a Development Permit and additional building permits.
815
SECONDARY SUITES
815.1
Secondary suites shall be restricted to single detached dwellings.
815.2
A maximum of two (2) bedrooms may be permitted per secondary suite.
815.3
A secondary suite shall comply with the Safety Codes Act or its successor.
815.4
One (1) on-site parking stall shall be provided for each bedroom to a maximum of two stalls.
815.5
A secondary suite has an entrance separate from the entrance to the primary dwelling unit, either from a
common indoor landing or directly from the exterior of the structure, and may be connected by an interior
door directly connecting the primary dwelling unit to the secondary suite. Exterior access to the secondary
suite shall be subordinate in both size and appearance to the access of the primary dwelling unit.
815.6
The maximum number of vehicles for secondary suite occupants cannot exceed onsite parking stalls provided
for the suite.
816
SEQUENCE OF DEVELOPMENT
816.1
The Development Authority may refuse to issue a development permit for an accessory use if there is no main
building on a lot.
817
SERVICE STATIONS
817.1
A lot containing a service station shall have a minimum area of 1,100 square metres (12,000 square feet) and
shall have a frontage of at least 30 metres (100 feet).
817.2
Fuel pumps and above-ground fuel storage tanks shall be set back at least 9 metres (30 feet) from the front
and side property lines.
817.3
A development permit for a service station does not allow auto-body work, auto wrecking, or the sale of
vehicles, unless this is specifically written in the development permit.
817.4
The requirements of Section 804 of this Bylaw, Drive-in Businesses, also apply to service stations.
817.5
If this Bylaw contradicts the Alberta Building Code, the Code shall govern.
818
SIGNS
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818.1
General Provisions
818.1.1
Signs shall only be erected on sites to which their display relates.
818.1.2
A sign shall not obstruct the view of or be liable to be confused with an official traffic sign, signal
or device or otherwise pose a potential hazard to traffic.
818.1.3
A sign shall not display lights which may be mistaken for the flashing lights customarily
associated with danger or those used by police, fire, ambulance or other emergency vehicles.
818.1.4
Signs shall be designed, constructed, and maintained so they are compatible with the character
of the surrounding landscape or the architecture of nearby buildings,
818.1.5
Signs shall not be designed, constructed or maintained so as to create a cluttered appearance.
818.2
No permit is required for a sign which:
818.2.1
is not visible from a public road or park, or
818.2.2
is erected by a government or school authority, or
818.2.3
concerns an election, or
818.2.4
identifies the address or function of a building or lot on which the sign stands, or
818.2.5
advertises a sale or event taking place that day, or
818.2.6
offers for sale or rent the lot on which it stands, or
818.2.7
advertises a business or activity taking place on that lot, or
818.2.8
advertises a product, service, or commodity offered for sale or rent on that lot,
provided the size, style, number, and location of the sign meets the requirements of this Bylaw.
818.3
A development permit is required for all signs other than those listed above.
818.4
Signs on Roads: No sign shall be placed on the right of way of a road without the approval of the municipality
unless it:
818.4.1
is a temporary sign protected by Section 2(b) of the Constitution Act, 1982 (Canada), and
818.4.2
advertises an auction or garage sales taking place that day or the following day, and
818.4.3
advertises the adjacent property for sale
but such signs must:
818.4.4
not be a danger to public safety, and
818.4.5
be removed promptly after the election or event which is the subject of the sign,
and these signs do not require an encroachment agreement or insurance cover under Section 813 of this
Bylaw.
818.5
Signs Extending beyond Property Lines
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818.5.1
The Development Authority shall require that a sign overhanging municipal property be
constructed and maintained to such a standard that it is not a hazard to people, traffic, or
property.
818.5.2
No sign shall overhang or extend closer than 2 metres (6 feet) to the built portion of a road.
818.5.3
A sign overhanging a sidewalk shall have a vertical clearance of at least 2.5 metres (8 feet) above
the sidewalk.
818.5.4
Notwithstanding 817.5.3, where a sign projects into or over a driveway or other area of vehicle
movement, a minimum clearance of 4.6 metres (15 feet) above grade level shall be maintained.
818.5.5
Signs extending more than 30 cm (1 foot) beyond the property line into the adjacent road
allowance require an encroachment agreement, and may require insurance under Section 813
of this Bylaw.
818.6
Signs in Residential Districts
818.6.1
Signs shall not exceed 3 square metres (32 square feet) on church property, and 1 square metre
(10 square feet) on other property, and shall not be illuminated, fluorescent, or moving.
818.6.2
Signs advertising a home occupation or home office shall be attached to the wall of the building
in which the office or occupation is carried on.
818.6.3
Signs advertising garage and auction sales are permitted one day before and on the actual date
of the sale.
818.6.4
Signs shall be in good taste and compatible with the character of the neighbourhood.
818.6.5
No more than one sign for each of the purposes listed in Section 817.2 shall be erected on a
residential lot, except where the lot abuts two or more roads; a sign may be erected facing each
road.
818.6.6
Signs advertising commercial activities off site are not permitted.
818.7 Signs on Undeveloped Land Adjacent to Highways
818.7.1
No advertising other than
818.7.1.1
signs exempted by Section 818.2, and
818.7.1.2
billboards as defined elsewhere in this Bylaw
shall be placed within 200 metres (650 feet) of highways without the prior approval of Alberta
Transportation.
818.7.2
Billboards:
818.7.2.1
A development permit for a billboard shall not be issued unless the billboard is to
be located on a lot abutting any Provincial highway right-of-way subject to the
approval of Alberta Infrastructure and Transportation.
818.7.2.2
A billboard sign shall not:
-
be more than 3.0 metres (9.8 feet) high and not more than 6.0 metres (18.7
feet) long;
-
be less than 3.6 metres (11.8 feet) above grade level;
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-
have a maximum height above grade of more than 6.0 metres (19.7 feet);
-
have a maximum area exceeding 18.0 sq metres (194.4 sq feet);
-
be less than 200 metres (650 feet) from the nearest billboard; and,
-
not be located closer than 3.0 metres (10 feet) to any property line.
818.7.2.3
The land and the sites in and about where the billboards are permitted shall be at
all times maintained in a neat and clean manner, free from all loose papers and
rubbish. A second face may be required on the billboard where the back of the
billboard is visible to pedestrian or vehicle traffic.
818.7.3
For the purposes of this Bylaw, vehicles or trailers parked for more that seven days on private
land adjacent to a highway, and bearing advertising material, are deemed to be signs but not
billboards.
818.8
Portable and Inflatable Signs
818.8.1
The Development Authority must not issue a development permit for a portable sign unless the sign
is owned by:
818.8.1.1
The owner or lessee of the land on which it stands, or
818.8.1.2
a person holding a current business licence.
818.8.2
A portable or inflatable sign shall be installed, serviced, removed and accessed from the
property on which the sign is located.
818.8.3
No more than one portable or inflatable sign may be placed on a lot for each 100 metres (325
feet) of frontage.
818.8.4
No portable sign shall be illuminated or employ any flashing or sequential lights or any
mechanical or electronic device to produce or simulate motion, or be confused with traffic signs.
818.8.5
Portable signs are not permitted in residential districts.
818.8.6
A portable sign shall be stabilized but shall not use unsightly or potentially hazardous methods.
818.8.7
An inflatable sign shall be tethered or anchored and shall be touching the surface to which it is
anchored.
818.8.8
An inflatable sign may be placed on a site twice within a calendar year, but not for more than
thirty (30) days at a time.
818.8.9
A portable or inflatable sign shall be removed immediately on ceasing to be in use.
818.8.10
A portable or inflatable sign in use, shall at all times be maintained in good condition and,
specifically shall contain lettering and signage which is secure and complete. Any damaged or
missing sign must be repaired within twenty-four (24) hours of knowledge of same coming to
the attention of the permit holder.
818.8.11
Council may by resolution set an annual fee to be paid in respect of every portable sign
displayed in the municipality.
818.9
Public Safety
818.9.1
A sign which is not attached to a building shall be set back from a road or lane the same distance
as if it were a building, unless the Development Authority is satisfied that it will not interfere
with sight lines for drivers.
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818.9.2
Notwithstanding any other part of this Bylaw, the Development Authority may refuse to issue a
development permit for any sign which in his opinion would be a danger to traffic, property, or
public safety.
818.9.3
If in the opinion of the Development Authority a sign is a danger to traffic, property, or public
safety, he may demand the immediate removal of the sign, and if he is unable to identify the
person responsible for the sign, he may invoke Section 542(3) of the Act, enter the property, and
remove the sign.
818.10 Situations Not Covered by This Bylaw
818.10.1
Where this Bylaw provides no regulations governing the size, style, number, purpose, content,
or location of sign, or if the regulations appear to be contradictory, a permit may be issued by
the Development Authority, but the use shall be deemed a discretionary use, and shall be
advertised in the usual manner, and may be appealed to the Subdivision and Development
Appeal Board, which may confirm, amend, or revoke the permit.
819
SOLAR ENERGY COLLECTORS
819.1
Rooftop solar collector panels are a permitted use in all land use districts.
819.2
Solar collector panels not mounted on a roof are a discretionary use in all land use districts.
819.3
No development permit shall be issued for the construction or enlargement of any structure which would
significantly reduce the amount of sunlight falling on any solar radiation collector which is complete or under
construction at the time of application for that development permit.
820
UTILITY BUILDINGS AND EQUIPMENT
820.1
The Development Authority may waive or relax siting and yard regulations where this is necessary for the
efficient operation of a public utility system.
821
VISIBILITY AT CORNERS
821.1
The Development Authority may require the removal of any fence or vegetation if it is considered to be a
hazard to traffic, either vehicular or pedestrian, because it obstructs visibility.
821.2
Measurement of visibility area:
821.2.1
A traffic safety visibility area is a triangle measured as follows, and may include private
property and/or public right-of-way.
821.2.1.1
Front Yard Visibility Triangle: The visibility area shall be defined by measuring
twenty (20) feet from the intersection of the front and street side right-of-way
lines (i.e., edge of pavement or curb), and connecting the lines across the
property.
821.2.1.2
Rear Alley/Street intersections. The visibility area shall be defined by
measuring ten (10) feet from the intersection of the rear and side street right-
of-way lines (i.e., edge of pavement, gravel or curb), and connecting the lines
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across the property.
822
WINDMILLS
822.1
Windmills are a discretionary use in all land use districts.
822.2
A windmill shall be set back from the property line by a distance equal to or greater than the overall height of
the structure, including blades which extend above the top of the tower.
823
YARDS
823.1
Where a lot abuts two or more roads, the Development Authority may require that front yard setbacks be
observed from more than one road.
823.2
Where land is likely to be re-subdivided in future, the Development Authority may require that any new
building be located as if the subdivision was already registered, with appropriate setbacks from future
property lines.
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Part 9: Regulations for Land Use Districts
901
Establishment of Land Use Districts (Bylaw 4:2017)
901.1
For the purposes of this Bylaw the Village of Forestburg is divided into the following districts:
R1
Low Density Residential
R2
General Residential
RMS
Residential Manufactured Housing Subdivision
RE
Residential Estate
RE2
Residential Estate 2 (Bylaw 5:2014)
RMX
Residential Mixed Use
C1
Central Commercial
C2
Highway Commercial
M
Industrial
IPU
Institutional and Public Use
P
Park
UX
Urban Expansion
DC
Direct Control
901.2
The boundaries of the districts listed in this Bylaw are as defined in Part 10, Map of Land Use Districts.
901.3
Where uncertainty exists as to the boundaries of districts as delineated on the Map of Land Use Districts, the
following rules shall apply:
901.3.1
Where a boundary is shown as following a street or lane, it shall be deemed to follow the centre
line thereof.
901.3.2
Where a boundary is shown as approximately following a lot line, it shall be deemed to follow
the lot line.
901.3.3
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 with Alberta Land Titles. Prior to the registration, the district boundary shall be
determined on the basis of the scale of the map.
901.4
The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares.
901A
Regulations Applied to All Residential Land Use Districts
901A.1 Accessory Buildings
901A.1.1
No accessory building or any portion thereof shall be erected or placed within the front yard of a
parcel.
901A.1.2
An accessory building on an interior parcel shall be situated so that the exterior wall is at least 1
metre (3.3 ft) from the side and rear boundaries of the parcel.
901A.1.3
An accessory building on a corner parcel shall not be situated closer to the street than the main
building. It shall not be closer than 1 metre (3.3 ft) to the other side parcel boundary or the rear
parcel boundary.
901A.1.4
The height of an accessory building shall not be more than:
901A.1.4.1
On a permanent foundation:
Land Use District R1, R2, RMS - 4.5 metres (14.76 ft) in height, and shall not exceed
the height of the main building
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Land Use District RE, RMX - 6.1 metres (20 ft) in height, and shall not exceed the
height of the main building
901A.1.4.2
Not on a permanent foundation - 3 metres (10 ft)
901A.1.5
In the rear yards of the following types of houses, the maximum total area that may be
developed for accessory buildings are as follows:
901A.1.5.1
Detached houses:
Land Use District R1, R2, RMS - 78 m2 (840 sq ft)
Land Use District RE, RMX - 130 m2 (1400 sq ft)
901A.1.5.2
Attached houses in all Residential Land Use Districts - 53.5 m2 (576 sq ft)
Notwithstanding section 901A.1.5.1, where a parcel area exceeds 700 m2 (7,535 sq ft), the
maximum total area which can be developed for an accessory building may be increased up to a
maximum of 110m2 (1,184 sq ft), but the size of the accessory building shall not exceed the total
area of the primary dwelling.
901A.1.6
Aesthetics
The exterior finish of an Accessory Building shall be consistent or compatible with the exterior
finish of the main building with respect to colour, finish, materials and texture.
901A.2 Distances Between Buildings
901A.2.1
All main buildings and garages shall be separated by 3 metres (10 feet) from all other buildings
whether on the same or a different lot, or such greater distance as may be required by the
Alberta Building Code.
901A.2.2
Accessory Buildings:
901A.2.2.1 Less than 110 sq ft shall have no minimum setback requirements when placed
adjacent to a main building or a garage
901A.2.2.2 Greater than 110 sq ft but less than 170 sq ft shall have a minimum setback of 1.5
metres (5 feet) from main buildings or garages or such greater distance as may be
required by the Alberta Building Code.
901A.2.2.3 Greater than 170 sq ft shall be separated by 3 metres (10 feet) from all other
buildings on the same or different lot or such greater distance as may be required
by the Alberta Building Code.
901A.3 Building Demolition
An application to demolish a building shall not be approved without a statement or plan which indicates:
901A.3.1
how the operation will be carried out so as to create a minimum of dust or other nuisance; and
901A.3.2
the final reclamation of the parcel
which is satisfactory to the development authority.
901A.4 Objects Prohibited or Restricted in Residential Yards
901A.4.1
No person shall allow a motor vehicle that is in a dilapidated or unsightly condition, or a derelict
vehicle to remain or to be parked on a parcel in a residential district, unless it is suitably housed
or screened to the sole satisfaction of the development authority.
901A.4.2
No person shall have exterior storage of piles of wood or metal, or other salvage materials that
are in an unsightly condition on a parcel in any district, unless it is suitably housed or screened to
the sole satisfaction of the development authority.
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901A.4.3
No person shall allow a vehicle of more than 5,443 kg (12,000 lbs) (GVW) and/or a length of
more than 9 metres (29.5 ft) other than a recreational vehicle or camper, to be parked or stored
in a residential district and/or area of residential use. A vehicle is more than 5,443 kg GVW
when a gross allowable maximum vehicle weights in excess of 5,443 kg (as listed on the official
Government registration certificate, regardless of the vehicle's actual weight at a specific time).
901A.5 Other Controls
901A.5.1
A site abutting two streets or more shall have a front yard on each street and two side yards in
accordance with the setback requirements of this Bylaw.
901A.5.3
The requirements of Section 108 and Part 8 apply to all residential districts
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902
R1 Low Density Residential District
902.1
The purpose of the R1 Low Density Residential District is to provide land for the development of quality
detached residences on individual, fully serviced lots.
902.2
Usage:
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
New detached residences
Moved-in single family, detached residences
(excluding manufactured and mobile homes)
New Detached modular and RTM homes (excluding
manufactured and mobile homes)
Churches
Home Offices
Day care facilities
Public parks and recreation areas
Group Homes
Buildings and uses accessory to the above
Home businesses
Bed and breakfast establishments
Portable buildings
Secondary suites, limited to one per residence
Utility installations
Buildings and uses accessory to the above
902.3
Number of Residences on a Lot
902.3.1
Only one residence shall be constructed on a lot, but this shall not prevent the construction and
use of one secondary suite within a detached residence.
902.4
Lot Size Requirements
902.4.1
Lot area:
902.4.1.1
All residential lots shall have an area of at least 475 m2 (5,113 square feet) if
bordered on one side by a lane, or 555 m2 (5,974 square feet) if the lots have no
lane.
902.4.1.2
Lots for other uses shall have an area satisfactory to the Development Authority.
902.4.2
Lot width:
902.4.2.1
Residential lots which have lane or road access to the rear yard shall have a mean
width of at least 15.25 metres (50 feet).
902.4.2.2
Residential lots which do not have lane or road access to the rear yard shall have a
mean width of at least 18.3 metres (60 feet).
902.4.2.3
Non-rectangular residential lots shall have a front width of at least 10 metres (33
feet)
902.4.2.4
Where oversized lots are being re-subdivided, the required lot widths may be
relaxed to accommodate existing buildings.
902.4.2.5
Lots for other uses shall have a width satisfactory to the Development Authority.
902.5
Building Height
902.5.1
A residence shall not exceed 7.5 metres (24.5 feet) above grade.
902.5.2
If the Development Authority exercises the discretion allowed by Section 404.6 of this Bylaw, and
allows a building higher than set out in Sections 902.5.1 or 901A.1.4, that decision may be
appealed under Section 501.1 of this Bylaw by any person claiming to be affected.
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902.6
Site Coverage
902.6.1
Buildings shall cover no more of a residential lot than 40% of the first 550 m2 (6,000 sq ft) of the
lot, plus 20% of any area greater than 550 m2 (6,000 sq ft).
902.6.2
The minimum floor area for a dwelling unit shall be 75 m2 (800 sq ft)
902.7
Yards and Setbacks:
902.7.1
Main Buildings (See Figure 1)
Front Property Line
6 metres (20 feet)
Rear Property Line
6 metres (20 feet)
Side Property Line
3 metres (10 feet) on one side if no road or lane access to
the rear yard
1.5 metres (5 feet) in all other cases, but this shall be
increased by 0.3 metres for each 1 metre of building
height above 7.5 metres
902.7.2
Garages - Garages shall be located so that there is a clear space of at least 6 metres (20 feet)
between the vehicle access door and the road or lane which is used for access.
Front Property Lines
6 metres (20 feet)
Rear Property Line
1 metre (3 feet)
Side Property Line
1 metre (3 feet)
The requirements of Section 901.A apply to this Land Use District.
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903
R2 General Residential District
903.1
The purpose of the R2 district is to provide land for the development of higher density housing as well as for
single detached residences.
903.2
Usage:
Permitted Uses: The following uses are
permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
New detached residences
Moved-in residences
New Modular and RTM homes (excluding
manufactured and mobile homes)
Manufactured homes, no more than 5 years old
at the time of placement, on subdivided lots
Duplex residences
Triplex and fourplex residences
Secondary suites in detached houses
Row housing
Home offices
Group homes
Public parks and recreation areas
Apartment buildings
Buildings and uses accessory to the above
Bed and breakfast establishments
Utility installations
Churches
Day care facilities
Home businesses
Portable buildings
Buildings and uses accessory to the above
903.3
Number of Residences on a Lot
903.3.1
Detached houses: A maximum of one residence shall be constructed on a lot, but this shall not
prevent the construction and use of one secondary suite within a detached residence.
903.3.2
Duplexes: A maximum of two residences shall be constructed on a lot; secondary suites within
duplex units are not permitted.
903.3.3
Other Residences:
The maximum number of residences on the lot shall be as determined by
the Development Authority.
903.4
Lot Size Requirements
903.4.1
Detached houses: A lot for a detached house shall have an area of at least 445 square metres
(4,800 square feet), a mean width of at least 12.2 metres (40 feet), and a street frontage of at
least 7.5 metres (25 feet).
903.4.2
Duplexes:
903.4.2.1
A subdivided lot for one side of a duplex shall have an area of at least 250 m2
(2,690 square feet), a mean width of 7.5 metres (25 feet), and a street frontage of
at least 5 metres (16.5 feet).
903.4.2.2
An un-subdivided lot shall have an area of at least 500 m2 (5,382 square feet), a
mean width of 15 metres (50 feet), and a street frontage of at least 10 metres (33
feet).
903.4.3
Other residences: A lot for other styles of residences shall be large enough to accommodate the
proposed buildings with the required yards, site coverage, setbacks, parking, and landscaping as
determined by the Development Authority.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 43 of 66
903.4.4
Non-residential uses: Lots for non-residential uses shall have an area and width satisfactory to
the Development Authority.
903.5
Site Coverage
903.5.1
Single detached dwellings, including accessory buildings, shall cover no more than 40% of the
area of a residential lot.
903.5.2
Attached dwelling units, including accessory buildings, shall cover no more than 50% of the area
of a residential lot.
903.5.3
The minimum floor area for a single detached dwelling unit shall be 75 m2 (800 sq ft)
903.5.4
The minimum floor area for an attached dwelling unit shall be 60 m2 (650 sq ft)
903.6
Yards and Setbacks: Main Buildings (See Figure 1)
903.6.1
Main Buildings (See Figure 1)
Front Property Line
6 metres (20 feet)
Rear Property Line
6 metres (20 feet)
Side Property Line
3 metres (10 feet) on one side if no road or lane access to
the rear yard
1.5 metres (5 feet) in all other cases, except in the case of
a subdivided attached residence which may be built
straddling the adjoining side property line
903.6.2
Garages
903.6.2.1
Garages shall be located so that there is a clear space of at least 6 metres (20 feet)
between the vehicle access door and the road or lane which is used for access.
903.6.2.2
A shared garage serving two attached duplexes may be constructed straddling the
property line provided that there is a fireproof dividing wall at the property line.
Front Property Lines
6 metres (20 feet)
Rear Property Line
1 metre (3 feet)
Side Property Line
1 metre (3 feet)
903.7
Height of buildings
903.7.1
An apartment building shall not exceed 10 metres (32 feet) above grade.
903.7.2
Other residences shall not exceed two and a half storeys or 7.5 metres (24.5 feet) above grade.
903.8
Lanes Required
903.9.1
A new subdivision intended to be classified R2 shall contain lanes serving every residential lot.
903.9
Emergency Vehicle Access
903.9.1
In developments containing multiple dwellings within one lot, the internal circulation routes
must be at least 7.75 metres (25 feet) wide and with curvatures able to accommodate
emergency vehicles.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 44 of 66
903.9.2
Along the sides of an apartment building exceeding two storeys above grade, emergency vehicle
access must conform to the side and rear yard setbacks required by the Alberta Building Code.
There shall be a firm, level fire access area, accessible from the road by emergency response
equipment. This requirement may increase the setbacks beyond those required by Sections
903.6.
903.9.3
No buildings, vehicles, or other obstructions shall be placed or allowed in a fire access area.
The requirements of Section 901.A apply to this Land Use District.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 45 of 66
904
RMS Residential Manufactured Housing Subdivision District
904.1
The purpose of the RMS district is to provide land where manufactured homes may be placed on titled lots
which are dimensioned to fit the unique size and shape of this style of housing.
904.2
Usage:
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
New manufactured homes
Manufactured homes no more than five (5) years old
when moved to the site
New conventionally built detached residences
Modular and RTM homes
Moved-in conventionally built residences
Duplex residences
Churches
Home offices
Day care facilities
Public parks and recreation areas
Group homes
Buildings and uses accessory to the above
Home businesses
Portable buildings
Utility installations
Buildings and uses accessory to the above
904.3
Number of Residences on a Lot
904.3.1
Detached houses: A maximum of one residence shall be constructed on a lot, but this shall not
prevent the construction and use of one secondary suite within a conventionally built detached
residence.
904.3.2
Duplexes: A maximum of two residences shall be constructed on a lot; secondary suites within
duplex units are not permitted.
904.4
Lot Size Requirements
904.4.1
Residential uses: Lots shall be at least 12 metres (40 feet) wide, with a street frontage of at least
9 metres (30 feet), and at least 33 metres (108 feet) deep.
904.4.2
Residential corner lots: Residential corner lots shall be at least 15 metres (50 feet) wide.
904.4.3
Lane-less lots: If a residential lot is not served by a lane it shall be at least 15 metres (50 feet)
wide.
904.4.4
Non-residential uses: Lots for non-residential uses shall have an area and width satisfactory to
the Development Authority.
904.5
Site Coverage
904.5.1
Buildings shall cover no more than 50% of the area of a residential lot.
904.5.2
The minimum floor area of a single detached dwelling unit shall be 75 m2 (800 sq ft).
904.5.3
The minimum floor area of an attached dwelling unit shall be 60 m2 (650 sq ft).
904.6
Yards and Setbacks
904.6.1 Main Buildings (See Figure 2)
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 46 of 66
Front Property Line
4.5 metres (15 feet)
Rear Property Line
4.5 metres (15 feet)
Side Property Line
3 metres (10 feet) on one side if no road or lane access to
the rear yard
1.5 metres (5 feet) in all other cases
904.6.2
Garages
904.6.2.1
Garages shall be located so that there is a clear space of at least 6 metres (20 feet)
between the vehicle access door and the road or lane which is used for access.
904.6.2.2
A shared garage serving two attached duplexes may be constructed straddling the
property line provided that there is a fireproof dividing wall at the property line.
Front Property Lines
6 metres (20 feet)
Rear Property Line
1 metre (3 feet)
Side Property Line
1 metre (3 feet)
904.7
Height of Buildings
904.8.1
Residential buildings shall not exceed two and a half storeys or 7.5 metres (24.5 feet) above
grade.
904.8
Lanes
904.8.1
Where lanes are not provided, the width of the lots must be sufficient to provide side yards as
required by Sections 904.6 and 904.7 of this Bylaw.
904.9
Aesthetics
904.9.1
The undercarriage of manufactured homes shall be completely screened from view by the
foundation, skirting, or by other such means satisfactory to the Development Authority.
904.9.2
All accessory buildings, additions, porches and skirting shall be of a quality and appearance
equivalent to the manufactured home
The requirements of Section 901.A apply to this Land Use District.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 47 of 66
905
RE Residential Estate District
905.1
The purpose of the Residential Estate district is to allow high quality residential development on large lots.
905.2
Usage:
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the
Development Authority:
New site built detached residences of conventional
construction
Moved in residences, excluding manufactured and
mobile homes
Home offices
Modular and RTM residences
Public parks and recreation areas
Secondary suites
Buildings and uses accessory to the above (if less
than 60 m2)
Day care facilities
Group Homes
Home businesses
Bed and breakfast establishments
Portable buildings
Utility installations
Buildings and uses accessory to the above
905.3
Number of Residences on a Lot
905.3.1
Only one residence shall be constructed on a lot, but this shall not prevent the construction and
use of one secondary suite within a main building.
905.4
Minimum Floor Area
905.4.1
The minimum floor area for a dwelling unit shall be 110 m2 (1,180 sq ft)
905.5
Lot Size Requirements
905.5.1
Lot area:
905.5.1.1
All residential lots shall have an area of at least 2,000 m2 (0.5 acres).
905.5.1.2
Lots for other purposes shall have an area satisfactory to the Development
Authority.
905.5.2
Lot width:
905.5.2.1
All residential lots shall have a width of at least 30 metres (100 feet) at the building
line, and a road frontage of at least 15 metres (50 feet).
905.5.2.2
Lots for other purposes shall have a width satisfactory to the Development
Authority.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 48 of 66
905.6
Yards and Setbacks
905.6.1
Main Buildings
Front Property Line
8 metres (26 feet)
Rear Property Line
10 metres (33 feet)
Side Property Line
3 metres (10 feet)
3 metres (10 feet) from any other building
905.7
Maximum Height of Buildings
905.7.1
A residence shall not exceed 7.5 metres (24.5) above grade.
905.8
Development Standards
905.8.1
All residential lots shall be connected to the municipal water system.
905.8.2
All other development standards shall be negotiated between the developer and the
municipality and specified in the overall plan governing the subdivision, and shall be suitable for
a high quality residential development.
905.9
Development Agreement to be Registered
905.9.1
If, at the time of subdivision a residential lot is not served by a paved road, and/or is not
connected to all municipal services, a development agreement shall be registered on the title to
the lot, and under the terms of this agreement the owner and his successors shall accept
financial responsibility for installing or upgrading services or paving the road, and shall release
the municipality from any financial responsibility for such installation or upgrading or paving.
905.10 Sewage Treatment
905.10.1
If residential lots are not to be served by a piped municipal sewer system, the method of sewage
treatment must be acceptable to Alberta Safety Codes Council, the Regional Health Authority,
and the municipality.
905.11 Building Quality
905.11.1
In order to ensure a high standard of building and design, architectural controls may be
registered on the title of each lot at the time of subdivision.
The requirements of Section 901.A apply to this Land Use District.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 49 of 66
906
RMX Residential Mixed-Use District
906.1
The purpose of the Residential Mixed Use district is to allow large lot single family housing and, as a
secondary or associated use, small workshops and the storage of goods, vehicles, machinery, and equipment
used in the business of the occupant of the lot.
906.2
Usage:
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the
Development Authority:
New detached residences
Manufactured homes, no more than five (5) years old
when moved to the site and set on permanent
foundations
New Modular and RTM homes (excluding
manufactured and mobile homes)
Buildings and uses accessory to the above
Portable buildings
Public parks
Agriculture
Bed and breakfast establishments
Day care facilities
Utility installations
Buildings and uses accessory to the above
Light industrial uses such as small workshops and the
storage of goods, vehicles, machinery, and
equipment used in the business of the occupant of
the lot, where these uses are secondary to the
main residential purpose of the lot, hereinafter
referred to as 'secondary industrial uses'
906.3
Minimum Lot Dimensions
906.3.1
Each lot shall have a width of at least 20 metres (66 feet) and a depth of at least 50 metres (165
feet).
906.4
Minimum Floor Area
906.4.1
The minimum floor area for a dwelling unit shall be 110 m2 (1,180 sq ft)
906.5
Building Setbacks
906.5.1
Main Buildings
Front Property Line
10 metres (33 feet)
Rear Property Line
10 metres (33 feet)
Side Property Line
5 metres (17 feet)
906.5.2
Garages - Garages shall be located so that there is a clear space of at least 10 metres (33 feet)
between the vehicle access door and the road or lane which is used for access.
Front Property Lines
10 metres (33 feet)
Rear Property Line
3 metre (10 feet)
Side Property Line
3 metre (10 feet)
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 50 of 66
906.6
Building Height
906.6.1
No residence shall exceed 10 metres (33 feet) in height.
906.8
Site Coverage
906.8.1
The area of land covered by buildings shall not exceed 30% of the area of the lot.
906.9
Special Provisions for Secondary Industrial Uses
906.9.1
A permit for a secondary industrial use shall be issued only to the owner of a lot who is also
resident on that lot.
906.9.2
A secondary industrial use shall not involve the display or sale of any goods on the lot.
906.9.3
A secondary industrial use shall not generate traffic in excess of what is acceptable in a
residential neighbourhood.
906.9.4
No hazardous materials shall be stored on the lot, and no offensive or intrusive noise, vibration,
smoke, dust, odour, heat, glare, or electrical or radio disturbance shall be produced by any
secondary industrial use.
906.9.5
At all times the privacy and enjoyment of nearby residences shall be preserved and, subject to
the purpose of the district, a secondary industrial use shall not unreasonably affect the
residential amenities of the neighbourhood.
906.9.6
Exterior storage of goods and supplies may be permitted provided that the storage area is
screened to the satisfaction of the Development Authority.
906.9.7
Secondary industrial uses shall be restricted to the rear yard.
906.9.8
All industrial and storage buildings shall be sited at least 10 metres (33 feet) from residences.
906.9.9
No more than two unlicensed or inoperative vehicles shall be stored on a lot at any time.
906.9.10
The maximum number of non-resident employees who may work on a lot shall be set by the
Development Authority and noted in the development permit, but in no case shall exceed two
(2).
906.10 Development Density
906.10.1
Only one residence shall be constructed on each lot, but this shall not prevent the construction
and use of a single secondary suite within the main residence on a lot.
The requirements of Section 901.A apply to this Land Use District.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 51 of 66
907
C1 Central Commercial District (Bylaw 7:2018)
907.1
The C1 district provides land for pedestrian-oriented commercial land uses in the core of the municipality.
907.2
Usage
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be allowed
at the discretion of the Development Authority:
Retail businesses, except those listed as
discretionary
Establishments selling or servicing motor vehicles
Hotels and motels, except those listed as
discretionary
Establishments selling or dispensing alcohol or cannabis
Professional, financial and service businesses,
except those listed as discretionary
Establishments selling or dispensing alcohol or cannabis
for consumption on the premises
Clubs, associations, churches and lodges except
those listed as discretionary
Establishments providing "adult" entertainment or
products
Government, police and emergency services
operations
Businesses selling lumber or other flammable products
Public parks and recreation areas
Pawn shops
Residences above the main floor
Establishments where gambling is conducted
Buildings and uses accessory to the above
Amusement arcades
Day Care facilities
Drive in businesses
Group care facilities
Portable buildings
Residences at street level
Utility installations
Sea Can Storage Units
Trade Workshops
Wholesaling and warehousing
Buildings and uses accessory to the above
Note: Auto wreckers and unattended fuel sales are neither permitted nor discretionary uses in the C1 district.
907.3
Yards and Setbacks
907.3.1
All buildings shall be set back at least 6 metres (20 feet) from a rear lane, unless space is
provided elsewhere for parking, loading, and garbage containers.
907.3.2
No front or side yard setbacks are required.
907.4
Height of buildings
907.4.1
The maximum height of buildings shall be as required by the Fire Chief.
907.5
Other Controls
907.5.1
The requirements of Section 108 and Part 8 and Part 11 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 52 of 66
908
C2 Highway Commercial District
908.1
The purpose of the C2 district is to provide land for services to the travelling public, for businesses which
generate or benefit from exposure to large volumes of vehicle traffic, and for retail and service businesses
which need larger lots than can reasonably be provided in the C1 area.
908.2 Usage:
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the
Development Authority:
All uses listed as permitted in the C1 district
All uses listed as discretionary in the C1 district
Gasoline and other fuel sales
Residences associated with the business on the site
Trade workshops
Travel trailer campsites
Churches
Automotive body shops and paint shops
Automobile, recreation vehicle, boat, manufactured
housing and farm equipment sales, leasing,
service and repair businesses, but excluding
body shops, paint shops and bulk and
unattended gasoline sales
Bulk and unattended fuel sales, provided that the
tanks and loading areas are at least 50 metres
(164 feet) from any residence
Warehousing and storage
Fertilizer storage and sales
Sea Can Storage Units
Portable buildings
Buildings and uses accessory to the above
Utility installations
Buildings and uses accessory to the above
Note: Auto wreckers are neither a permitted nor a discretionary use in the C2 district.
908.3
Highway Access
908.3.1
The Development Authority shall not approve a direct access from a lot to a highway without
the approval of Alberta Transportation.
908.4
Lot Size Requirements
908.4.1
Lots for commercial operations shall have an area of at least 1,000 square metres (10,750 square
feet) and a mean width of at least 30 metres (100 feet).
908.4.2
The size of lots for other uses shall be as required by the Development Authority.
908.5
Yards and Setbacks
All buildings shall be set back at least
908.5.1
5 metres (6.6 feet) from any road or, if used as part of a service station or a drive in business, 12
metres (40 feet) from any road,
908.5.2
3 metres (10 feet) from the rear property line, and
908.5.3
3 metres (10 feet) from the side property line, but no less than half the height of the building
from a side property line which abuts a residential area.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 53 of 66
908.6
Height of buildings
908.6.1
The maximum height of buildings shall be as required by the Fire Chief.
908.7
Other Controls
908.7.1
The requirements of Section 108 and Part 8 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 54 of 66
909
M Industrial District
909.1
Purpose
909.1.1
The purpose of the Industrial district is to provide land for industrial and commercial uses which
will not damage or interfere with adjacent land uses by reason of noise, dust, odour, vibration,
heavy traffic, or other objectionable conditions.
909.2
Usage
Permitted Uses: The following uses are permitted
provided that these uses comply with the purpose of
this district as regards objectionable conditions,
noted in 909.1 above
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
Manufacturing, processing, repairing and fabrication
Auto body and paint shops
Grain handling
Auto wreckers
Services and sales to agriculture
Portable buildings
Lumber yards
Agriculture
Warehousing and storage
Bulk fuel and fertilizer storage and sales
Railway operations
Slaughterhouses and meat processing plants
Automobile, truck and farm equipment sales and
service
Restaurants, clubs and other establishments serving
alcoholic drinks
Car and truck washing establishments
Hatcheries
Veterinary Clinics
Liquor stores
Transportation, communications and utility industries
Recycling industries including auto wreckers
Auction markets, but excluding animal sales
Amusement arcades
Wholesale distributors
Livestock auction markets
Utility Installations
Casinos and bingo halls
Retail businesses, excepting those listed as
discretionary
Residences associated with the main business on the
site, to a maximum of one per lot
Service businesses, excepting those listed as
discretionary
Buildings and uses accessory to the above
Clubs, associations and lodges, except those listed as
discretionary
Government, police and emergency services
operations
Sea Can Storage Units
Buildings and uses accessory to the above
When approving a discretionary use, the Development Authority may require that appropriate measures
are taken to mitigate any objectionable conditions listed in Section 909.1.
909.3
Highway Access
909.3.1
The Development Authority shall not approve a direct access from a lot to a highway without
the approval of Alberta Transportation.
909.4
Lot size
909.4.1
Lots served by municipal water and sewer shall have a minimum area of 1,000 m2 (10,750
square feet)
909.4.2
Lots not served by municipal water and sewer shall have a minimum area of 1,850 m2 (20,000 sq
feet)
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 55 of 66
909.5
Yards and Setbacks
909.5.1
All buildings shall be set back at least:
909.5.1.1
8 metres (26 feet) from any road or, if used as part of a service station or a drive in
business, 12 metres (40 feet) from any road,
909.5.1.2
6 metres (20 feet) from the rear property line, and
909.5.1.3
3 metres (10 feet) from the side property line.
909.6
Flammable materials
909.6.1
Where flammable or explosive materials are stored on site, the Development Authority shall
consult the fire department and may increase the required lot size, building setbacks, or other
requirements to minimize the danger to the public and to adjacent properties.
909.7
Screening
909.7.1
The Development Authority may require that areas used for open storage of unsightly material
are screened from public view by means of suitable fencing or landscaping.
909.8
Height of buildings
909.8.1
The maximum height of buildings shall be as required by the Fire Chief.
909.9
Other Controls
909.9.1
The requirements of Section 108 and Part 8 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 56 of 66
910
IPU Institutional and Public Uses District
910.1
Purpose
910.1.1
The purpose of the IPU district is to provide land for schools, hospitals, and other community
service facilities, both publicly and privately owned.
910.2
Usage
Permitted Uses: The following uses are permitted
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
Schools
Campgrounds
Hospitals, hospices, nursing homes and long term
care facilities
Privately owned athletic, sporting and recreational
facilities
Halls and auditoriums
Residences for staff of a permitted use
Churches
Portable buildings
Day care facilities
Public works yards
Group homes (up to six clients)
Buildings and uses accessory to the above
Group care facilities (more than six clients)
Libraries
Police stations
Cemeteries and crematoriums
Golf courses
Municipally owned athletic and sporting facilities
Storm water detention areas
Utility installations
Buildings and uses accessory to the above
910.3
Yards and Setbacks
910.3.1
Residences in the IPU district require the same yards and setbacks as in the adjacent residential
district or, if there is no adjacent residential district, the same yards and setbacks as in the R1
district.
910.3.2
Yards and setbacks for other land uses shall be as required by the Development Authority.
910.4
Other Controls
910.4.1
The requirements of Section 108 and Part 8 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 57 of 66
911
P Park District
911.1
Purpose
911.1.1
The purpose of the Park district is to provide land for public parks, playgrounds, and buffer
strips.
911.2
Usage
Permitted Uses: The following uses are permitted
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
Golf courses
Campgrounds
Public parks, playgrounds, trails and buffer strips
Privately owned athletic, sporting and recreational
facilities
Municipally owned athletic and sporting facilities
Storm water detention areas
Residences for staff of a permitted use
Buildings and uses accessory to the above
Utility installations
Portable buildings
Public works yards
Buildings and uses accessory to the above
911.3
Site Regulations:
911.3.1
All site and development regulations shall be at the discretion of the Development Authority.
The design, siting, landscaping, screening and buffering shall be considered in order to minimize
and compensate for any objectionable aspect or potential incompatibility with development in
adjoining districts and land uses.
911.3
Other Controls
911.3.1
The requirements of Section 108 and Part 8 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 58 of 66
914
Residential Estate 2 (Bylaw 5:2014)
914.1
The purpose of the Residential Estate district 2 is to provide land for the development of quality detached
residences on individual, fully serviced lots but where the lots are greater than 871 m2 (9,375 sq feet) and less
than 2,000m2 (0.5 acres).
914.2
Usage:
Permitted Uses: The following uses are permitted:
Discretionary Uses: The following uses may be
allowed at the discretion of the
Development Authority:
New site built detached residences of conventional
construction
New Moved in Module or RTM residences, excluding
manufactured and mobile homes
Home offices
Home businesses
Public parks and recreation areas
Secondary suites
Buildings and uses accessory to the above (if less
than 60 m2)
Bed and breakfast establishments
Utility installations
Buildings and uses accessory to the above
914.3
Number of Residences on a Lot
914.3.1
Only one residence shall be constructed on a lot, but this shall not prevent the construction and
use of one secondary suite within a main building.
914.4
Lot Size Requirements
914.4.1
Lot area:
914.4.1.1
All residential lots shall have an area of at least 871 m2 (9,375 sq ft or .21 acres).
914.4.1.2
Lots for other purposes shall have an area satisfactory to the Development
Authority.
914.4.2
Lot width:
914.4.2.1
All residential lots shall have a width of at least 22.86 metres (75 feet) at the
building line, and a road frontage of at least 10 metres (33 feet).
914.4.2.2
Lots for other purposes shall have a width satisfactory to the Development
Authority.
914.5
Building Height
914.5.1 A building shall not exceed two and a half storeys or 7.5 metres (24.5 feet) above grade.
914.5.2 No accessory building shall have a wall height exceeding 3 metres (10 feet).
914.5.3 If the Development Authority exercises the discretion allowed by Section 404.6 of this Bylaw, and
allows a building higher than set out in Sections 914.6.1 and 914.6.2, the decision may be appealed
under Section 501.1 of this Bylaw by any person claiming to be affected.
914.6
Site Coverage
914.6.1
Buildings shall cover no more of a residential lot than:
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 59 of 66
914.6.1.1
40% of the first 740 m2 (7,965 sq ft) of the lot, plus
914.6.1.2
20% of any area greater than 740 m2 (7,965 sq ft).
914.6.2
The minimum floor area for a dwelling unit shall be 140 m2 (1,500 sq ft)
914.7
Yards and Setbacks:
914.7.1
Main Buildings (See Figure 1)
Front Property Line
6 metres (20 feet)
Rear Property Line
6 metres (20 feet)
Side Property Line
3 metres (10 feet) on one side if no road or lane access to
the rear yard
1.5 metres (5 feet) in all other cases, but this shall be
increased by 0.3 metres for each 1 metre of building
height above 7.5 metres
914.7.2
Garages - Garages shall be located so that there is a clear space of at least 6 metres (20 feet)
between the vehicle access door and the road or lane which is used for access.
Front Property Lines
6 metres (20 feet)
Rear Property Line
1 metre (3 feet)
Side Property Line
1 metre (3 feet)
914.7.3
Accessory Buildings (not including garages)
Front Property Line
No accessory buildings shall be located in a front yard
Rear Property Line
1 metre (3 feet)
Side Property Line
1 metre (3 feet) no accessory building shall be located
between a main building and a flanking street or lane
914.7.4
A site abutting two streets or more shall have a front yard on each street and two side yards in
accordance with the setback requirements of this Bylaw.
914.8
Distances Between Buildings
914.8.1
All main buildings shall be separated by at least 3 metres (10 feet) from all other buildings on the
same lot, or such greater distance as may be required by the Alberta Building Code.
914.9
Development Standards
914.9.1
All residential lots shall be connected to the municipal water system.
914.9.2
All other development standards shall be negotiated between the developer and the
municipality and specified in the overall plan governing the subdivision, and shall be suitable for
a high quality residential development.
914.10 Building Quality
914.10.1
In order to ensure a high standard of building and design, architectural controls may be
registered on the title of each lot at the time of subdivision.
914.11 Other Controls
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 60 of 66
914.11.1
The requirements of Section 108 and Part 8 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 61 of 66
912
UX Urban Expansion District
912.1
Purpose
912.1.1
The purpose of the UX district is to identify land which in future will probably be converted to
urban use, but which can be used for agriculture as long as the owner elects to do so. An outline
plan acceptable to council must normally be prepared before the land will be considered for
reclassification to another use.
912.2
Usage
Permitted Uses: The following uses are permitted
Discretionary Uses: The following uses may be
allowed at the discretion of the Development
Authority:
Agriculture, excluding intensive livestock operations
Uses which are compatible with the long term plans
for the land as set out in the Municipal
Development Plan and any area structure plan or
outline plan affecting the land
Single detached dwellings on existing parcel
Buildings and uses accessory to the above
Buildings and uses accessory to the above
912.3
Number of Residences on a Lot
912.3.1
No more than one residence shall be established on a lot, but this shall not prevent the
construction and use of a secondary suite within a detached residence.
912.4
Yards and Setbacks
912.4.1
Buildings, utility connections, and other improvements shall be established in locations
compatible with the long term plans for the land as set out in the Municipal Development Plan
and any area structure plan or outline plan affecting the land.
912.5
Site Regulations
912.5.1
No confined feeding operations as defined by the Agricultural Operations Practices Act shall be
permitted within this district.
912.5.2
No manure spreading will be permitted within this district.
912.5.3
No livestock other than horses and normal domestic pets shall be kept within this district.
912.5.4
All site regulations shall be at the discretion of the Development Authority.
912.6
Other Controls
912.6.1
The requirements of Section 108 and Part 8 apply in this district.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 62 of 66
913
DC Direct Control District
913.1
Pursuant to Section 402 of this Bylaw and Section 641 of the Act, and subject to any statutory plan, Council
may directly regulate and control the use or development of land and buildings in a DC district in any
manner it considers necessary.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 63 of 66
Part 10: Map of Land Use Districts
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 64 of 66
Part 11: Parking
1101
Parking Requirements for New Development
Type of Development
Number of Stalls
Residential (a stall for residential use may be inside a garage or outside the building but entirely on the lot
and may include a driveway)
Detached residence
2
Plus per secondary suite
1
Duplex, triplex, fourplex or row housing
2 per living unit
Condo with units having individual at-grade
entrances
1.5 per unit
Apartment
1.5 per unit
Manufactured house on subdivided lot
2
Non-Residential (the following shall have sufficient on-site parking for all employees plus client/customer
parking at the following rates)
Retail stores
1 per 100m2 (1,075 sq ft) gross leasable area
Offices and financial institutions
1 per 100m2 (1,075 sq ft) gross leasable area
Hotels and motels
1 per room, plus stalls required for the entertainment
component of the business at 1 per 10 seats
Restaurants, bars and clubs
1 per 10 seats
Churches, halls and theatres
1 per 10 seats
Industrials plants
1 per employee at maximum shift
Schools
1 per 10 students over 16 years of age
Hospitals
1 per 4 beds
Other
Sufficient that client parking does not congest nearby
streets
1101.1
Where a business is likely to attract a high volume of traffic with high turnover, the Development Authority
may require more parking.
1101.2
On-site parking requirements for non-residential uses may be relaxed where in the opinion of the
Development Authority:
1101.2.1 sufficient on-street parking is available without causing congestion, or
1101.2.2 sufficient parking is available in public parking lots, or
1101.2.3 private parking can be shared because peak use times are different.
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 65 of 66
VILLAGE OF FORESTBURG
LAND USE BYLAW
Figure 1
Land Use Bylaw (with amendments)
Bylaw #10:2012
Page 66 of 66
VILLAGE OF FORESTBURG
LAND USE BYLAW
FIGURE 2