Bylaw 824 2019 Land Use Bylaw Consolidation With Amendments A 01 To A 08
Fox Creek, Alberta
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Town of Fox Creek
Comprehensive
Community Plan
824--2019
Land Use
Bylaw
Consolidation
Including
Amendment
824-2019-A-08
Effective August 11, 2025
i
Table of Contents
Table of Contents ................................................................................................................................... i
Purpose and Application of the Land Use Bylaw ...................................................................................1
2.1
Title ...........................................................................................................................................................1
2.2
Purpose .....................................................................................................................................................1
2.3
Application ................................................................................................................................................1
2.4
Effective Date ............................................................................................................................................1
2.5
Other Legislative Requirements ................................................................................................................1
2.6
Transition ..................................................................................................................................................1
2.7
Severability................................................................................................................................................1
Interpretation .......................................................................................................................................2
3.1
Rules of Interpretation ..............................................................................................................................2
Amending the Bylaw .............................................................................................................................3
4.1
Bylaw Amendments ..................................................................................................................................3
4.2
Contents of an Amendment Application ...................................................................................................3
4.3
The Amendment Process ..........................................................................................................................3
Development Authority ........................................................................................................................5
5.1
Development Authority ............................................................................................................................5
5.2
Development Officer .................................................................................................................................5
5.3
Subdivision Authority ................................................................................................................................6
5.4
Municipal Planning Commission ...............................................................................................................6
5.5
Subdivision and Development Appeal Board ............................................................................................6
Development Permits ...........................................................................................................................7
6.1
Control of Development ...........................................................................................................................7
6.2
Fees ...........................................................................................................................................................7
6.3
Development Not Requiring a Development Permit ................................................................................7
6.4
Non-Conforming Buildings and Uses.........................................................................................................9
6.5
Application for Development Permit ..................................................................................................... 10
6.6
Decision Process .................................................................................................................................... 13
6.7
Development Permit Conditions ............................................................................................................ 14
6.8
Development Agreements ..................................................................................................................... 15
6.9
Variance Authority ................................................................................................................................. 16
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6.10 Notice of a Proposed Development ....................................................................................................... 17
6.11 Notice of Decision on a Development Permit ........................................................................................ 17
6.12 Validity and Revocation of Decision ....................................................................................................... 18
6.13 Appealing a Decision .............................................................................................................................. 19
6.14 The Appeal Process ................................................................................................................................ 19
Contravention and Enforcement ....................................................................................................... 21
7.1
Contravention ........................................................................................................................................ 21
7.2
Sign Impoundment................................................................................................................................. 21
7.3
Offences and Penalties .......................................................................................................................... 21
Signs ................................................................................................................................................... 23
8.1
General Regulations ............................................................................................................................... 23
8.2
Permit Requirements ............................................................................................................................. 24
8.3
Signs Not Requiring a Development Permit ........................................................................................... 25
8.4
Variances ................................................................................................................................................ 28
8.5
A-Board Signs ......................................................................................................................................... 28
8.6
Awning and Canopy Signs ...................................................................................................................... 29
8.7
Billboards ............................................................................................................................................... 30
8.8
Election Signs ......................................................................................................................................... 30
8.9
Fascia Signs ............................................................................................................................................ 31
8.10 Freestanding Signs ................................................................................................................................. 31
8.11 Painted Wall Signs .................................................................................................................................. 32
8.12 Projecting Signs ...................................................................................................................................... 32
8.13 Wall Signs ............................................................................................................................................... 33
8.14 Portable and Inflatable Signs ................................................................................................................. 33
General Provisions in All Districts ....................................................................................................... 35
9.1
Applicability to All Districts..................................................................................................................... 35
9.2
Demolition and Relocation of a Building or Structure ............................................................................ 35
9.3
Satellite Dish and Amateur Radio Antennas ........................................................................................... 36
9.4
Solar Collectors ...................................................................................................................................... 37
9.5
Bare Land Condominium ........................................................................................................................ 39
9.6
Building Orientation and Placement ...................................................................................................... 39
9.7
Easements .............................................................................................................................................. 40
9.8
Fencing and Screening ........................................................................................................................... 40
9.9
Lighting .................................................................................................................................................. 41
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9.10 Objects Prohibited or Restricted in Yards .............................................................................................. 42
9.11 Parking and Loading Facilities ................................................................................................................ 42
9.12 Parking Requirements ............................................................................................................................ 42
9.13 On-Site Loading Requirements .............................................................................................................. 51
9.14 Access to Sites ........................................................................................................................................ 53
General Provisions in Residential Districts ......................................................................................... 55
10.1 Applicability to Districts ......................................................................................................................... 55
10.2 Accessory Residential Buildings and Structures ..................................................................................... 55
10.3 Siting of Accessory Residential Buildings and Structures for Internal Lots ............................................. 56
10.4 Accessory Residential Building or Structure for Corner and Double Fronting Lots ................................ 56
10.5 Dwelling Units on a Parcel...................................................................................................................... 56
10.6 Private Swimming Pools and Hot Tubs ................................................................................................... 56
10.7 Bed and Breakfast Facility ...................................................................................................................... 57
10.8 Boarding and Rooming Houses .............................................................................................................. 58
10.9 Secondary Suites .................................................................................................................................... 58
10.10 Home Office and Home Occupation Standards ..................................................................................... 59
10.11 Landscaping in Residential Districts ....................................................................................................... 61
10.12 Objects Prohibited or Restricted in Residential Yards ............................................................................ 62
10.13 Residential Recreational Vehicle Parking Pad ........................................................................................ 62
10.14 Existing Non-Hard Surface Driveways: ................................................................................................... 63
10.15 Projections into Residential Minimum Yard Setbacks ............................................................................ 63
General Regulations in Non-Residential Districts ............................................................................... 67
11.1 Applicability ............................................................................................................................................ 67
11.2 Accessory Non-Residential Buildings & Structures ................................................................................ 67
11.3 Adult Entertainment Facility .................................................................................................................. 67
11.4 Drive - Throughs ..................................................................................................................................... 68
11.5 Caretaker Residence or Security Suite ................................................................................................... 68
11.6 Communication Towers ......................................................................................................................... 69
11.7 Industrial Campgrounds ......................................................................................................................... 70
11.8 Industrial Campground/Camp ................................................................................................................ 70
11.9 Cannabis Related Uses ........................................................................................................................... 71
11.10 Landscaping in Non-Residential Districts ............................................................................................... 73
11.11 Projections into Minimum Yard Setbacks .............................................................................................. 74
Land Use Districts ............................................................................................................................... 76
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12.1 Land Use Classification: .......................................................................................................................... 76
12.2 Residential Single Family Class A (R-1A) ................................................................................................. 77
12.3 Residential Single Family Class B (R-1B) ................................................................................................. 79
12.4 Residential Estate Residential (R-ER) ..................................................................................................... 81
12.5 Residential Two Family (R-2) .................................................................................................................. 83
12.6 Residential Medium Density (R-3) .......................................................................................................... 85
12.7 Residential Modular/Manufactured Home Subdivision (R-MHS) ........................................................... 87
12.8 Residential Manufactured Home Park (R-MHP) ..................................................................................... 90
12.9 Neighbourhood Convenience Commercial District (C-1) ....................................................................... 94
12.10 Mixed-Use District (C-1A) ....................................................................................................................... 96
12.11 General Commercial District (C-2) ......................................................................................................... 99
12.12 Highway Commercial District (C-3) ...................................................................................................... 102
12.13 Industrial District (M-1) ........................................................................................................................ 104
12.14 Heavy Industrial District (M-2) ............................................................................................................. 107
12.15 Parks and Recreation District (P-1) ...................................................................................................... 110
12.16 Urban Services District (U-S) ................................................................................................................ 111
12.17 Urban Reserve District (U-R) ................................................................................................................ 112
12.18 Direct Control District (D-C) ................................................................................................................. 113
Downtown Overlay District .............................................................................................................. 115
13.1 General Purpose of the Downtown Overlay District ............................................................................ 115
13.2 Uses ..................................................................................................................................................... 115
13.3 Application ........................................................................................................................................... 115
13.4 Interpretation ...................................................................................................................................... 116
13.5 Site and Building Design ....................................................................................................................... 116
13.6 Building Massing and Height ................................................................................................................ 116
13.7 Setbacks ............................................................................................................................................... 117
13.8 Building Orientation ............................................................................................................................. 117
13.9 Building Façade and Building Materials ............................................................................................... 118
13.10 Entrances ............................................................................................................................................. 119
13.11 Windows .............................................................................................................................................. 120
13.12 Streetscape Elements .......................................................................................................................... 121
13.13 Wayfinding and Signage ....................................................................................................................... 122
13.14 Lighting ................................................................................................................................................ 123
13.15 Landscaping within the Public-Private Realm ...................................................................................... 124
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13.16 Planting and Street Trees ..................................................................................................................... 125
13.17 Commercial Site Design and Access ..................................................................................................... 126
13.18 Parking and Loading ............................................................................................................................. 126
13.19 Downtown Commercial District Regulations ....................................................................................... 128
13.20 Highway Avenue Commercial .............................................................................................................. 128
Definitions ........................................................................................................................................ 131
Land Use Districts Map .................................................................................................................... 154
Downtown Overlay District Map ...................................................................................................... 155
Effective Date ................................................................................................................................... 156
1
Purpose and Application of the Land Use Bylaw
2.1 Title
2.1.1
This Bylaw is cited the Town of Fox Creek Land Use Bylaw.
2.2 Purpose
2.2.1
The purpose of this Bylaw is to regulate the use and development of land and buildings
in the Town of Fox Creek pursuant to Part 17 of the Municipal Government Act, RSA
2000, c M-26.
2.3 Application
2.3.1
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the
Town, pursuant to Part 17 of the Act.
2.3.2
No person shall commence any development within the Town except in compliance
with this Bylaw.
2.4 Effective Date
2.4.1
This Bylaw comes into force and takes effect upon the date of its third reading. Land
Use Bylaw 662-2007 as amended is hereby repealed.
2.5 Other Legislative Requirements
2.5.1
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any statutory plan.
2.5.2
Nothing in this Bylaw exempts a person from obtaining a development permit as
required by this Bylaw or from obtaining any other permit, licence or other
authorization required by this or any other bylaw.
2.5.3
In addition to the requirements of this Bylaw, a person is required to comply with all
federal, provincial and other municipal legislation.
2.6 Transition
2.6.1
An application submitted and accepted prior to the approval of this Bylaw shall be
considered under the provisions of the Land Use Bylaw as amended.
2.7 Severability
2.7.1
In the event any portion of this Bylaw is found invalid or is overturned, the validity of the
remaining portions of this Bylaw shall not be affected.
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Interpretation
3.1 Rules of Interpretation
3.1.1
For interpretation of the Bylaw, the metric values indicated in the Bylaw shall prevail.
Approximate imperial measures are shown for convenience.
3.1.2
Words used in the present tense include the other tenses and derivative forms. Words
used in the singular include the plural and vice versa. Words have the same meaning
whether they are capitalized or not.
3.1.3
The words shall and must require mandatory compliance except where a variance has
been granted pursuant to the Act or this Bylaw.
3.1.4
Terms and words in this Bylaw which are defined in the Act shall have the meaning
expressed in that Act. Other terms and words not defined in this part shall be given their
usual and customary meaning.
3.1.5
Where a regulation involves two (2) or more conditions or provisions connected by a
conjunction, the following shall apply:
"and" means all the connected items shall apply in combination;
"or" indicates that the connected items may apply singly or in any combination; and
"either/or" indicates the items shall apply singly but not in combination.
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Amending the Bylaw
4.1 Bylaw Amendments
4.1.1
Town Council may amend this Bylaw pursuant to the Act.
4.1.2
Any person may apply to amend this Bylaw pursuant to the Act.
4.2 Contents of an Amendment Application
4.2.1
An application to amend this Bylaw shall be made to the Town on the prescribed form
and shall be signed by the applicant or their designated agent authorized in writing.
4.2.2
Any owner of a parcel or other persons having legal or equitable interest in the parcel
may be an applicant for a Bylaw amendment.
4.2.3
The following information and documents shall accompany the application:
a. A written statement of the rationale for the request to amend the Bylaw, including a
statement describing the implications of the amendment; and
b. The required application fee.
4.2.4
If the amendment involves the rezoning of land to a different Land Use District, the
following is also required:
a. A copy of the current Certificate of Title for the lands affected dated within thirty (30)
days of the application date, and copies of any caveats or instruments registered in
favour of the Town;
b. If the application is signed by a designated agent, a letter from the landowner verifying
the agent's authority to make the application;
c. Permission for right of entry by the Development Officer or a designated officer of the
Town; and
d. A properly dimensioned map indicating the affected site and its relationship to existing
land uses on adjacent properties.
4.2.5
Such additional information as the Development Authority may require to properly
evaluate and to make recommendations to Council concerning the proposed
amendment.
4.2.6
Council may require, prior to considering a proposed amendment to this Bylaw, that a
developer prepare an Area Structure Plan in accordance with the Act or an Outline Plan
in accordance with the Municipal Development Plan. The Area Structure Plan or Outline
Plan shall address all those issues considered necessary for the proper consideration of
development within the area covered by the Area Structure Plan or Outline Plan.
4.3 The Amendment Process
4.3.1
The amendment application may be referred by the Development Officer to:
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a. Any Town Department for review and comment;
b. Any external agency for comment and advice;
c. The Municipal Planning Commission for consideration and recommendation to Council;
and
d. Council for first reading and to establish a date for a public hearing to be held prior to
second reading.
4.3.2
In accordance with the Act and after the date for a public hearing has been set by
Council, a notice of the application shall be published once a week for two consecutive
weeks as outlined in the Advertising and Public Notification Bylaw. This notice shall
contain:
a. The legal description of the land;
b. The purpose of the proposed amendment;
c. The one or more places where a copy of the proposed amendment may be inspected by
the public during reasonable hours;
d. The date, place, and time that Council will hold a public hearing on the proposed
amendment;
e. An outline of the procedures to be followed by anyone wishing to be heard at the public
hearing; and
f.
An outline of the procedures of how the public hearing will be conducted.
4.3.3
If the amendment involves the rezoning of land to a different Land Use District, a notice
shall also be communicated in writing to the owner(s) of the subject land and mailed to
all adjacent landowners.
4.3.4
An amendment application shall not be presented to Council for a public hearing until
twenty (20) days after the publication of the notice of application required in Section
4.3.2 or the mailing of notices to landowners specified in Section 4.3.3.
4.3.5
Council may pass the proposed amendment, make any changes to the proposed
amendment it considers necessary and proceed to pass it without further
advertisement or hearing, or defeat the proposed amendment, after considering:
a. The representations made to Council at the public hearing;
b. The Municipal Development Plan, and any other statutory plan applicable to the
proposed amendment; and
c. Any other matter Council considers appropriate.
4.3.6
Where an application for an amendment has been refused by Council, the Town 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.
4.3.7
If deemed necessary, the Town may initiate an amendment to this Bylaw without the
landowner's consent.
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Development Authority
5.1 Development Authority
5.1.1
The position of Development Authority is established by the Bylaw pursuant to the Act.
5.2 Development Officer
5.2.1
The office of the Development Officer is hereby established by this Bylaw.
5.2.2
The person or persons to fill the office of the Development Officer shall be appointed by
resolution of Council.
5.2.3
The Development Officer shall:
a. Administer this Bylaw;
b. Keep and maintain for the inspection of the public during all reasonable hours, a copy of
this Bylaw and all amendments thereto, and a register of all applications for
development and subsequent decisions;
c. Make decisions on all development permit applications for permitted uses;
d. Sign and issue all development permits and letters of compliance;
e. Make decisions on all development applications for Home Occupations pursuant to the
provisions of Section 10.10.2 and 10.10.3;
f. Make decisions on accessory uses and building additions for discretionary uses and/or a
Direct Control District so long as the size of the development does not exceed 30% of
the existing approval. Any addition exceeding 30% of the existing approval must be
referred to the Municipal Planning Commission for decision;
g. Refer all applications for discretionary uses, except those provided for in (f) and in
Section 10.10.2 and Section 10.10.3, to the Municipal Planning Commission for decision;
h. Notwithstanding (g), make all decisions on development permit applications for signs,
except in a Direct Control District where Council is specifically identified as the
Development Authority for signs;
i.
Refer all development permit applications in a Direct Control District, except for those
provided in (f), to Council for a decision; and
j.
Be the Development Authority for the purposes of the Act and this Bylaw except where
responsibility is given to the Municipal Planning Commission or Council.
5.2.4
The Development Officer may:
a. Refer any development permit application to the Municipal Planning Commission; and
b. Refer any other planning or development matter to the Municipal Planning Commission
for its review, support, or advice.
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5.2.5
The Development Officer is a designated officer for the purpose of carrying out
inspections and enforcement of this Bylaw in accordance with Sections 210 and 542 of
the Act.
5.3 Subdivision Authority
5.3.1
Subject to Section 623 of the Act, the Subdivision Authority may include one or more of
the following:
a. The Subdivision Officer(s);
b. The Municipal Planning Commission; or Council;
c. The position of Subdivision Officer is hereby established and shall be filled by the
Development Officer(s); and
d. The Subdivision Authority shall perform such duties that are specified in the Act, the
Subdivision and Development Regulation, and the Subdivision Authority Bylaw.
5.4 Municipal Planning Commission
5.4.1
The Municipal Planning Commission was established by Bylaw and shall perform duties
as specified in the Act and Subdivision and Development Regulation.
5.4.2
The Municipal Planning Commission shall:
a. Provide advice and assistance to Council on planning issues in the Town;
b. Issue decisions on development permit applications for permitted uses that are referred
by the Development Officer;
c. Issue decisions for permitted uses or discretionary uses requiring a variance pursuant to
Section 6.9 and Part 12;
d. Consider any other planning or development matter referred by the Development
Officer or with respect to which it has jurisdiction under this Bylaw; and
e. Perform any other duties or functions assigned by Council.
5.5 Subdivision and Development Appeal Board
5.5.1
The Subdivision and Development Appeal Board shall perform the duties specified in the
Act, the Land Use Bylaw, and the Subdivision and Development Appeal Board Bylaw.
5.5.2
The Subdivision and Development Appeal Board shall hear all appeals regarding:
a. A decision of a Development Authority on a development application;
b. A decision of a Subdivision Authority on a subdivision application where the Municipal
Government Board does not have jurisdiction; and
c. The issuance of a stop order under Section 645 of the Act pursuant to the requirements
of the Act and the Subdivision and Development Appeal Board Bylaw.
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Development Permits
6.1 Control of Development
6.1.1
Except as otherwise provided for in Section 6.3, no development shall be undertaken
within the Municipality unless a development permit has been issued, the development
permit has not expired, and the development is in accordance with the terms and
conditions of the development permit issued pursuant to this Bylaw.
6.1.2
A development permit shall not be valid unless it conforms to this Bylaw and the Act.
6.1.3
In addition to meeting the requirements of this Bylaw, it is the responsibility of the
applicant to ensure and obtain their safety code approvals or licenses that may be
required by other regulatory departments or agencies.
6.1.4
Pursuant to Section 684 in the Act an application for a development permit shall be
deemed to be refused when a decision is not made by the Development Authority
within forty (40) days after receipt of the application by the Development Officer, unless
a written agreement to extend the forty (40) day period is established between the
applicant(s) and the Development Authority.
6.2 Fees
6.2.1
The fees to be charged by the Town on all applications and other matters arising under
this Bylaw are set forth by bylaw.
6.3 Development Not Requiring a Development Permit
6.3.1
A development permit is not required for the following developments provided the
development otherwise complies with all applicable regulations of this Bylaw. This
section does not negate the requirement of obtaining a Building Permit where required
under the Safety Codes Act.
a. Carrying out of routine maintenance to any building, if such work:
i.
does not include structural alterations;
ii.
does not result in an increase in the number of dwelling units;
iii.
does not change the intensity or use of the building; and
iv.
is performed in accordance with relevant legislation and other government
regulations.
b. The erection of signage that does not require a development permit according to
Section 8.3.
c. Construction or installation of an unenclosed deck or landing less than 15.0 m2 (161.5
ft.2) in area, and 0.6 m (2.0 ft.) above grade providing that the side and rear setbacks are
maintained, and that it is not located on a registered easement or right-of-way.
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d. Landscaping where the proposed grades will not adversely affect the subject or adjacent
properties, except where landscaping forms part of a development which requires a
development permit.
e. Hard surfacing of any area not to exceed 7.5 m (24.6 ft.) in width that is part of a
development for which a development permit has been issued, for the purpose of
providing vehicle or pedestrian access or parking, where such improvements do not
drain onto adjacent properties.
f.
The maintenance and repair of public works, services or utilities carried out by or on
behalf of federal, provincial or municipal authorities. Such public works, services, and
utilities include but are not limited to, utility services such as sewage and/or wastewater
treatment lagoons, transmission lines, natural gas lines, regulating stations,
telephone/cable lines, water and sewage lines, public roadways, or similar.
g. The construction or maintenance of gates, fences, walls or other means of enclosure
less than 1.2 m (4.0 ft.) in height in front yards and less than 2.0 m (6.6 ft.) in height in
side and rear yards, except where corner lot restrictions from Section 9.6 apply.
h. The temporary erection, installation or use of structures or buildings not to be used for
residential purposes and no greater than 20.0 m 2 (215.3 ft. 2), which in the opinion of
the Development Authority are incidental to the erection or alteration of a permanent
development for which a permit has been issued under this Bylaw. This does not include
a real estate sales office or similar facility.
i.
Construction or installation of an accessory building or movable structure that does not
exceed 14 m2 (150.7 ft.2) in in floor area and 5.5 m (18 ft.) in height to the top of the
roof provided the structure is not fixed on a permanent foundation or concrete pad and
all setbacks and parcel coverage requirements are observed.
j.
Accessory residential soft-sided or fabric covered structures provided:
i. all setbacks and parcel coverage requirements of the District are observed for an
accessory building;
ii. structures are restricted to the rear yard of any District;
iii. structures are fenced for screening; and
iv. structures do not exceed the size of the principal building on the same parcel.
k. Demolition of an accessory building or movable structure that does not exceed 10 m2
(107.6 ft.2) in in floor area and 2.5 m (8.2 ft.) in height.
l.
Construction of private swimming pools and hot tubs provided all setbacks for
accessory (residential) buildings in Sections 10.3 and 10.4 and regulations in Section
10.6 are observed.
m. The erection of temporary structures less than 175 m² (1883.7 ft.) for the purpose of an
event held in a parking lot for a maximum of two (2) months.
n. The installation of a satellite dish antenna less than 1.0 m (3.3 ft.) in diameter, if it is
attached to an existing structure, subject to the requirements of Section 9.3.
o. Erection of flagpoles and other poles not exceeding 3 m (10 ft.) in height from grade to
the satisfaction of the Development Authority.
9
p. Home Office, provided that the use meets the requirements under Section 10.10.1.
q. The occupancy by a permitted use of vacant space in an existing or approved Shopping
Centre.
r. A permitted commercial use relocating to an existing building within the same
commercial District.
s. Temporary use of a building for election or census purposes.
t. Any development specified in Section 618 of the Act.
6.4 Non-Conforming Buildings and Uses
6.4.1
Developments considered to be a non-conforming building or use shall be dealt with as
provided for under the Act.
6.4.2
Provisions for non-conforming uses:
a. If a development permit has been issued prior to a Bylaw or any Bylaw amendment
coming into effect, and the Bylaw or amendment would result in the development
authorized by the permit to be non-conforming, then the development permit
continues to be in effect despite the Bylaw coming into force;
b. Where a non-conforming use of land or building is discontinued for a period of six (6)
consecutive months, any future use of the land or building must conform with the Land
Use Bylaw then in effect;
c. A non-conforming use may be extended throughout a building, but the building may not
be enlarged or added to and no structural alterations may be made to it or in it,
whether or not the building is non-conforming;
d. A non-conforming use of part of a lot may not be extended to any other part of the lot
and no additional building may be constructed on the lot while the non-conforming use
continues; and
e. The land use or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
6.4.3
Provisions for non-conforming buildings:
a. A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
i.
to make it a conforming building;
ii.
for routine maintenance of the building if the Development Authority considers
it necessary; or
iii.
in accordance with a Land Use Bylaw that provides minor variance powers to a
Development Authority for the purposes of this section.
b. If a non-conforming building is damaged beyond seventy five percent (75%) of the value
of the building above its foundation, the building shall not be repaired or rebuilt except
in accordance with the Land Use Bylaw.
10
c. Where a building exists on or before the effective date of this Bylaw on a lot or site
having less than the minimum frontage, area, front yard, side yard or rear yard required
by this Bylaw, the building may not be renovated or enlarged but may be repaired
provided that:
i.
the repair does not infringe upon the minimum front yard, side yard or rear
yard of existing bylaw standards; and
ii.
all other applicable provisions of this Bylaw are satisfied.
6.4.4
Notwithstanding any provision of this Bylaw, the use of a building existing on a lot or site
on the effective date of this Bylaw may be changed to a Permitted Use where the lot
width, front yard area or both of these are less than the requirements for the same,
provided that all the other requirements in this Bylaw are satisfied.
6.5 Application for Development Permit
6.5.1
An application for a development permit shall be made to the Development Authority,
in writing, using the development permit application form provided by Town of Fox
Creek, and shall include the following:
a. The application must be signed by the applicant (registered owner of the land or his/her
representative or agent certified as such);
b. A non-refundable application fee to cover administrative processing costs, as
established in the Fees and Rates Bylaw - Planning and Development, as adopted by
resolution of Council. The Development Authority, upon request at the time of
application, may waive the application fee when an application is made by a Town of
Fox Creek community-based/not-for-profit group;
c. A statement of the intended uses of the proposed development;
d. A statement of the estimated commencement and completion dates; and
e. A statement of the estimated value and size of the proposed construction.
6.5.2
In addition to Section 6.5.1 above, the Development Authority may require a site plan
for the land to be developed, professionally produced or comparable to professionally
produced at the discretion of the Development Authority, showing such information
deemed necessary by the Development Authority which may include the following:
a. North arrow;
b. Scale, revision history, and date of plan;
c. Legal description of property;
d. Municipal address;
e. Lot lines shown with dimensions;
f. Proposed front, side and rear yard setbacks shown with dimensions;
g. Floor plans and elevations;
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h. Location and dimensions of existing and proposed municipal and private local
improvements, principal buildings and other structures including accessory buildings or
structures, garages, carports, parking spaces, fences, driveways, paved areas, and major
landscaped areas including buffering and screening areas where provided;
i.
Loading and access provisions;
j.
Garbage and storage areas, including the fencing and screening proposed;
k. Grades of existing and proposed streets, lanes, sidewalks and sewers servicing the
property;
l.
Existing and proposed deep and shallow utilities;
m. All existing and proposed abutting streets, lanes, sidewalks, curbs, trails, highways and
roads rights-of-way, and any existing or future access to the proposed development;
n. Site topography, drainage patterns, grades and special conditions;
o. Location of all registered utility easements and rights-of-way;
p. Proposed removal of any trees;
q. A lot lighting plan; and
r. A landscaping plan showing the location of all existing and proposed landscaping
including trees, shrubs, and grass, and any existing trees proposed to be removed.
6.5.3
In addition to the development permit application requirements stipulated in Section
6.5.1 and 6.5.2, with respect to land that is subject of an application for a development
permit, the Development Authority may request information regarding:
a. Building cross-sections, foundation plans, and colour renderings including exterior
finishing materials.
b. Adjacent properties, including land uses and improvements.
c. Information regarding any dangerous goods, or other noxious, toxic, radioactive,
flammable, or explosive material proposed for use or storage on-site.
d. A copy of the Certificate of Title for the subject site dated within thirty (30) days of the
application date, and copies of any caveats or instruments registered in favour of the
Town.
e. A signed consent form allowing right-of-entry on the property by the Development
Officer.
f.
Photographic prints or slides showing the site in its existing state.
g. Development density, site coverage calculations, allocation of floor space for different
uses, height, and number of storeys according to the definitions of this Bylaw.
h. A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be
developed.
i.
A geotechnical or floodplain study prepared by a qualified engineer, if in the opinion of
the Development Officer the site is potentially hazardous or unstable.
j.
A reclamation plan for aggregate extraction or other major surface disturbance.
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k. A Phase I Environmental Site Assessment to determine potential contamination and
mitigation.
l.
An Environmental Impact Review prepared by a qualified professional if the proposed
development may, in the opinion of the Development Officer, result in potentially
significant environmental effects.
m. Confirmed location of any active or inactive oil or gas development or wells on or within
25 m (82.0 ft.) of the site.
n. Detailed studies regarding the potential impact and approach to dealing with traffic,
utilities and storm drainage prepared by a qualified engineer or engineering
technologist:
i.
noise evaluation and attenuation studies;
ii.
a parking impact study;
iii.
a report of consultation conducted with abutting and adjacent land owners;
iv.
in the case of the development of a site with multiple uses, a master plan and
preliminary engineering plan for the entire site;
v.
elevations of any signs proposed for the development; and
vi.
such other information that is deemed necessary by the Development
Authority.
6.5.4
The Development Authority shall determine whether an application for a development
permit is complete within twenty (20) days of receipt of the application, after which the
application is deemed complete. This period may be extended by an agreement in
writing between the applicant and the Development Authority.
6.5.5
The Development Authority may refuse to accept an application for a development
permit where, in their opinion, the information supplied by the applicant or their
designated agent is incomplete or insufficient to properly evaluate the application.
6.5.6
Prior to an application being considered, the Development Authority, at its sole
discretion, may require the applicant or their designated agent to host a public meeting
to ensure information and an opportunity to comment about the development
application is provided to the public at large.
6.5.7
The applicant or their designated agent must provide to the Development Authority a
report summarizing the nature of the consultation process and the responses received.
The report must identify any issues raised and discuss how the applicant or their
designated agent proposes to address these issues.
6.5.8
Notice of the meeting shall be provided by the Town, at the applicant's cost, to all
landowners located within 100.0 m (328.1 ft.) of the site which is the subject of the
application.
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6.6 Decision Process
6.6.1
The Development Authority shall receive all applications for Development Permits and
review each application to determine the type of use the development constitutes and
whether or not the submitted applications are complete. The Development Authority
shall make this determination based on:
a. The definition of the Uses as expressed in Part 14 of this Bylaw;
b. The merits of the application submission regardless of the use applied for by the
applicant; and
c. The spirit and intent of the defined Use subject to Part 14 and any other variance
provisions contained within this Bylaw.
6.6.2
In making a decision on a development permit application for a permitted use, the
Development Authority:
a. Shall approve, with or without conditions, the application if the proposed development
conforms with this Bylaw and the Municipal Government Act; or
b. Refer to the Municipal Planning Commission those applications for development
specified in the list of permitted uses, but which in the opinion of the Development
Officer, should be directed to the Municipal Planning Commission; or
c. May refuse an application on its merits even though it conforms to this Bylaw giving
reasons for such refusal; or
d. Should refuse the application if the proposed development does not conform to this
Bylaw, giving reasons for such refusal.
6.6.3
In reviewing a development permit application for a discretionary use, the Development
Authority shall have regard to the circumstances and merits of the application, including
but not limited to:
a. The impact of such nuisance factors as smoke, airborne emissions, odours and noise on
properties in the vicinity;
b. The design, character and appearance of the proposed development and in particular,
whether it is compatible with the surrounding properties;
c. The servicing requirements for the proposed development;
d. The purpose and intent of any statutory plan adopted by the Town; and
e. The purpose and intent of any non-statutory plan or pertinent policy adopted by the
Town.
6.6.4
The Development Authority shall refuse a development permit for a use or
development that is not listed as a Permitted or Discretionary Use.
6.6.5
If an application for a development permit has been refused, another application for a
permit on the same parcel of land and for the same or similar use may not be submitted
by the same or any other applicant until at least six (6) months after the date of the
refusal.
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6.6.6
No development permit shall be issued while a decision or any appeal from a decision is
pending, or until the time for filing an appeal of the decision of the Development
Authority has expired.
6.7 Development Permit Conditions
6.7.1
The Development Authority may impose conditions to the approval of a Permitted Use
only to ensure compliance with this Bylaw.
6.7.2
The Development Authority may impose such conditions, as a Development Authority
deems appropriate for the approval of a Discretionary Use or if a variance is given.
Conditions may include but are not limited to the following:
a. Project phasing;
b. Landscaping requirements;
c. Noise attenuation;
d. Special parking provisions;
e. Location, appearance, and character of a building;
f.
Grading of a site to protect adjacent properties;
g. Crime Prevention through Environmental Design (CPTED) design elements to promote
site safety; and
h. Measures to ensure that the proposed development is compatible with surrounding
land uses.
6.7.3
The Development Authority may require as a condition of the development permit that
the applicant provide a security to guarantee that any or all obligations under a
development permit are fulfilled to the satisfaction of the Development Authority:
a. A security may be provided by a letter of guarantee, an irrevocable letter of credit, a
caveat under the Land Titles Act, or cash, at the discretion of the Development
Authority;
b. The amount of the security shall be 125% of the estimated cost of fulfilling the
conditions of the development permit;
c. The security may be used by the Town to undertake the work required to fulfill the
conditions of the development permit if it is not completed according to the conditions
of the development permit;
d. If the security is insufficient to cover the cost of the work required to fulfill the condition
of the development permit, the difference may be registered as a debt due from the
property owner to the Town at the discretion of the Development Authority; and
e. The security shall be released upon an inspection of the site that demonstrates the work
has been completed to the satisfaction of the Development Authority.
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6.7.4
The Development Authority may, provided a security is required as a condition of the
same development permit in accordance with Section 6.7.3 above, establish, as a
condition of development permit, circumstances in which the Town may call on such
securities and in such amounts. This includes but is not limited to:
a. If the applicant/owner/developer has failed to comply with any provisions and/or
conditions of the development permit/Land Use Bylaw;
b. The development permit is cancelled or suspended; or
c. Work has been commenced under the development permit but has not been properly
completed within a reasonable period of time, as determined by the Town.
6.7.5
As a condition for a development permit for any use involving manufacturing, storage,
and handling of dangerous goods, the Development Authority may require a Risk
Assessment Report be prepared and kept up to date by a qualified engineer. This
requirement may be waived by the Development Authority in the case of small
quantities of dangerous goods.
6.7.6
As a condition of issuing a development permit in a Direct Control District, the
Development Authority may impose such conditions as are determined advisable,
having regard to the regulations of the district and the provisions of any statutory plan.
6.7.7
As a condition of issuing a development permit, the Development Authority shall
require the applicant to make satisfactory arrangements for the supply of all required
Public Utilities, vehicular access, or any other required service, with the appropriate
department, agency or utility.
6.8 Development Agreements
6.8.1
Pursuant to Section 650 of the Act, as a condition of a development permit being issued,
the applicant may be required to enter into a development agreement with the Town to
do any or all the following:
a. Construct or pay for the construction of:
i.
a road required to give access to the development;
ii.
a pedestrian walkway system to serve the development or to give access to an
adjacent development, or both;
iii.
off-street or other parking facilities and loading and unloading facilities;
iv.
construct, install, or pay for any local improvements and Public Utilities which
are needed to serve the development and any required easements, and joint
drainage and access requirements;
v.
pay a redevelopment levy or off-site levy;
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vi.
provide a guaranteed security to ensure compliance with the requirements of
the agreement. Security may be required in the form of an irrevocable letter of
credit issued by a Canadian Chartered Bank or the Alberta Treasury Branch from
the applicant to secure performance of any of the conditions of a development
permit. Such an agreement shall be executed prior to the commencement of
the development;
vii.
repair or reinstate, to original condition, any street furniture, curbing, sidewalk,
boulevard landscaping or trees which may be damaged or destroyed or
otherwise harmed by development or building operations upon the site;
viii.
provide site design measures to mitigate environmental hazards or risks
inherent to or affecting the site; and
ix.
attend to all other matters the Development Authority considers appropriate.
6.8.2
To ensure compliance with a development agreement, the Town may register a caveat
pursuant to the provisions of the Land Titles Act and the Municipal Government Act
against the Certificate of Title for the property being developed. The caveat shall be
discharged once the agreement conditions have been met.
6.8.3
The developer shall be responsible for all costs associated with the preparation of a
development agreement, as well as the costs with registering the caveat at Land Titles
and discharging the caveat when all conditions have been met.
6.9 Variance Authority
6.9.1
The Development Officer may grant a variance of up to thirty percent (30%) from the
requirements of this Bylaw, and being satisfied the variance will not result in a
development that does not comply with the requirements of the Municipal Government
Act, or the Safety Codes Act, and if in the opinion of the Development Authority the
proposed development would not:
a. Unduly interfere with the amenities of the neighbourhood;
b. Unduly interfere with the use, enjoyment, or value of neighbouring properties; and
c. Oppose to the use prescribed for that land or building under the Bylaw.
6.9.2
In approving applications for development permits under Sections 6.9.1 above, the
Development Authority shall adhere to the following provisions:
a. Except as otherwise stated in the Bylaw, no variances shall be provided to site coverage,
building height, or dwelling unit density requirements;
b. If a regulation is varied, relaxed, or waived, the Development Authority shall specify the
nature of the approved variance in the development permit approval; and
c. The Development Authority shall consider the general purpose and intent of the
applicable land use district and the underlying planning objective of the regulation to be
varied, relaxed, or waived.
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6.10 Notice of a Proposed Development
6.10.1 The Development Officer may refer a development permit application to any Town
department.
6.10.2 After thirty (30) days from the date of referral to any Town department or any external
agency, the Development Authority may deal with the application whether or not
comments have been provided.
6.10.3 Notification of a proposed development for a Discretionary Use, or for a Permitted Use
where a development proposes a variance exceeding 30%, shall be provided as follows:
a. Within ten (10) business days of the receipt of the complete Development Permit
application, notification shall be published as outlined in the Advertising and Public
Notification Bylaw, or
b. Notice shall be posted on the subject property to the satisfaction of the Town of Fox
Creek.
c. The notice shall indicate:
i.
the location and nature of the development proposal;
ii.
a location and date to submit comment.
6.11 Notice of Decision on a Development Permit
6.11.1 A decision of the Development Authority on an application for a development permit
must be in writing and a copy of the decision must be given to the applicant.
6.11.2 The date on which the decision was made by the Development Authority is considered
to be the date on which the issuance of the permit was given.
6.11.3 No notice is required to be given for a decision to approve an application for a
permitted use for which no variance was granted.
6.11.4 Where a development permit application is refused, the reasons for refusal shall be
stated in the decision letter.
6.11.5 When a development permit is approved for a discretionary use or a use requiring a
variance, the Development Officer shall publicize a notice of decision within fourteen
(14) days in any or all of the forms as described as follows:
a. Post a notice of the decision conspicuously on the property for which the application
has been made; and/or
b. Mail a notice of the decision to all persons whose use, enjoyment or value of the
property may, in the opinion of the Development Authority, be affected; and/or
c. Publish a notice of the decision as outlined in the Advertising and Public Notification
Bylaw.
6.11.6 A published notice of decision shall include:
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a. The legal description and/or civic address of the site;
b. The nature of the proposed development; and
c. The rights to appeal.
6.12 Validity and Revocation of Decision
6.12.1 Once an application for a Development Permit has been approved by the Development
Authority, the Development Permit shall not be valid unless and until:
a. All the conditions of the permit, except those of a continuing nature, have been met;
and
b. No notice of appeal has been filed with the Subdivision and Development Appeal Board
within the appeal period.
6.12.2 Where there are reasonable grounds to do so, the Development Authority may, in its
sole discretion and with the concurrence of an applicant, do any of the following:
a. Reconsider an approved site elevation, or reconsider, review, modify or clarify the terms
of the conditions attached to an approved development permit.
6.12.3 If a Development Permit has been authorized by the Subdivision and Development
Appeal Board, it shall not be valid unless and until:
a. The Chair of the Subdivision and Development Appeal Board has signed the decision of
appeal thereby authorizing the Development; and
b. Any conditions of approval, except those of a continuing nature, have been fulfilled.
6.12.4 The Development Officer may revoke a development permit if:
a. There is a contravention of any condition under which such permit was issued;
b. The permit was issued in error; or
c. The permit was issued based on incorrect information.
6.12.5 If the development authorized by a permit is not commenced within twelve (12) months
from the date of its issue or carried out with reasonable diligence in the opinion of the
Development Authority, the permit is deemed void, expired and without effect, unless
an extension to this period has been previously granted.
6.12.6 Once work has been initiated in connection with a project approved by a development
permit, the project shall be substantially completed within two (2) years of the date the
permit was initially issued, failing which the permit is deemed void.
6.12.7 In the event that an extension to a development permit is required, the Development
Authority may grant an extension of up to twelve (12) months at their discretion,
provided that the proposed development still complies with the provisions of this Bylaw.
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6.12.8 If a development permit is deemed invalid, the Development Officer may direct that the
site be returned to its original condition or to a state acceptable to the Development
Officer.
6.13 Appealing a Decision
6.13.1 The applicant for a development permit may appeal to the Subdivision and
Development Appeal Board if the Development Authority:
a. Refuses a development application;
b. Fails to decide on a development permit within forty (40) days of receipt of a completed
application; or
c. Issues a development permit subject to conditions.
6.13.2 In addition to the applicant, any person affected by a development permit or the
decision on it, may appeal to the Board.
6.13.3 Notwithstanding Sections 6.13.1 and 6.13.2, no appeal lies in respect of the issuance of
a development permit for a permitted use unless the provisions of this Bylaw are
relaxed, varied, or misinterpreted.
6.13.4 Pursuant to Section 686 of the Act, a development appeal is commenced by filing a
notice of the appeal containing reasons with the board within 21 days after the date on
which the written decision is given. If no decision is made with respect to the
application within the 40-day period, or within any extension of that period under
Section 684, within 21 days after the date the period or extension expires.
6.13.5 A decision on a development application within a Direct Control District cannot be
appealed unless the appeal is limited to whether or not the Development Authority
followed the directions of Council. If the Board finds that the Development Authority did
not follow Council's directions, it may, in accordance with Council's directions,
substitute its decision for that of the Development Authority.
6.14 The Appeal Process
6.14.1 The Subdivision and Development Appeal Board shall consider and make decisions on
appeals pursuant to the provisions of the Act.
6.14.2 If a notice of appeal of a decision on a development permit application is served on the
Clerk of the Subdivision and Development Appeal Board, the permit shall not be
effective until:
a. The decision to approve the permit is upheld by the Subdivision and Development
Appeal Board; or
b. The Clerk of the Subdivision and Development Appeal Board receives written notice
from the appellant withdrawing the appeal.
6.14.3 If a decision to approve a development permit is reversed by the Board, the
development permit shall be null and void.
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6.14.4 If a decision to refuse a development permit application is reversed by the Board, the
Board shall direct the Development Officer to issue a development permit in accordance
with its decision.
6.14.5 If a decision to approve a development permit application is varied by the Board, the
Board shall direct the Development Officer to issue a development permit in accordance
with its decision.
6.14.6 The decision of the Board is binding except on a question of jurisdiction or law, in which
case the appellant may appeal to the Court of Appeal as provided in the Act.
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21
Contravention and Enforcement
7.1 Contravention
7.1.1
No person shall commence, continue, undertake, or erect a development, use, or sign
that is not permitted under this Bylaw.
7.1.2
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.
7.1.3
No person shall contravene a condition of a permit issued under this Bylaw.
7.1.4
A Community Peace Officer or the Development Officer may enforce the provisions of
this Bylaw, the Act and its regulations, and the conditions of a development permit or
subdivision approval and are authorized to carry out such inspections as are required to
determine compliance as designated officers under the Act.
7.2 Sign Impoundment
7.2.1
If a sign, pursuant to Part 8, contravenes this Bylaw, the Town may, without notice,
remove and impound the sign if it is located on lands under the control of the Town or
the Town has the consent of the registered owner of the land on which the sign is
located.
7.2.2
If a sign or poster is attached to a streetlight it may be removed by the Town without
notice.
7.2.3
The owner of an impounded sign may claim it by paying an impoundment fee.
7.2.4
If a sign is not claimed within thirty (30) days, the Town may dispose of the sign.
7.3 Offences and Penalties
7.3.1
Any person is guilty of an offence who:
a. Causes, allows or permits a contravention of any provision of this Bylaw or any permit
issued hereunder;
b. Erects or places a sign in contravention of this Bylaw;
c. obstructs or hinders any person in the performance of their duties under this Bylaw; or
d. Fails to comply with any order of the Development Officer, including a Stop Order issued
under Section 645 of the Act.
7.3.2
In the case of a continuing offence, a contravention of this bylaw constitutes a separate
offence with respect to each day or part of a day during which the contravention
continues. A person guilty of such an offence is liable to a fine in an amount not less
than that established by this bylaw for each separate offence.
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7.3.3
Any person, who contravenes any provision of the Bylaw, is guilty of an offence and is
liable to fines as specified in the Municipal Government Act RSA 2000 Chapter M-26 and
amendments thereto.
a. In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each 14-day period, or part of a 14-day period, on which
it continues and a person guilty of such an offence is liable to a fine in an amount not
less than that established in this bylaw for each 14-day period.
7.3.4
Where a Community Peace Officer has reasonable grounds to believe that a person has
contravened any provision of this Bylaw, the Officer may serve upon such person an
offence ticket allowing the payment of the penalty to the Town in lieu of prosecution for
the offence under the Act.
7.3.5
The penalties and amounts payable in lieu of prosecution to be charged by the Town on
all applications and other matters arising under this Bylaw shall be specified by bylaw.
7.3.6
The levying and payment of any penalty or fee as provided for in this Bylaw should not
relieve a person from the necessity of paying any fees, charges or costs for which they
are liable under the provisions of this Bylaw or Act.
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23
Signs
8.1 General Regulations
8.1.1
The Development Authority may by notice in writing:
a. Direct the owner to correct the condition of any sign or remove any sign within thirty
(30) days of receipt of the notice where, in the opinion of the Development Authority,
that condition or sign constitutes a violation of this Bylaw or any permit hereunder, has
become unsightly or is unsafe;
b. Order the owner to stop work on a sign if it is proceeding in contravention of this Bylaw;
and
c. Order the owner to stop work on a sign if a permit has not been issued.
8.1.2
Signs shall not conflict with the general character of the surrounding neighbourhood.
8.1.3
Signs shall not interfere with the safe movement of pedestrian or vehicular traffic.
8.1.4
No sign shall be attached to a tree or any other vegetation.
8.1.5
The Development Authority shall be satisfied that the copy area of a sign:
a. Does not physically obstruct the sightlines or view of a traffic control device or traffic
control signal for oncoming traffic;
b. Is not located in the field of view near or past the traffic control device or traffic control
signal in the sightlines of oncoming traffic;
c. Is not located in the field of view near or past other traffic conflict points such as
intersections, merge point, exit ramps, or curved roadways; and
d. Does not have illumination that competes with or dulls the contrast of the traffic control
device or traffic control signal for oncoming vehicle traffic.
8.1.6
Unless otherwise allowed under this Bylaw, no sign shall project or encroach over any
lot line.
8.1.7
The Development Authority shall allow revolving signs only in a commercial District
where the location, size, design, and character of the sign respect the scale and
character of the surrounding area.
8.1.8
In the case of permanent single-sided signs where the rear of the sign is visible, the
blank side shall be finished or enclosed so that all wiring and/or internal bracing is
hidden from view.
8.1.9
Electrical power supply to signs located at grade shall be underground except where the
applicant demonstrates to the satisfaction of the Development Authority an
underground power supply is not feasible and an above ground power supply will not
create a safety hazard to traffic or pedestrians or detract from the appearance of the
area.
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8.1.10 Photovoltaic cells, solar panels, or solar collectors and ancillary equipment may be part
of the sign structure to provide electrical power solely to the sign. Photovoltaic cells,
solar panels, or solar collectors and ancillary equipment may extend above the
maximum sign height provided it is demonstrated that the additional height is required
to achieve sufficient solar exposure to provide electrical power to the sign.
8.1.11 Third-party advertising is only permitted on billboards and event signs.
8.1.12 Signs containing third-party advertising are not permitted in any residential District.
8.1.13 If, in the opinion of the Development Authority, the illumination of a sign is likely to
have a detrimental effect on any residential dwelling, the Development Authority may
require that the intensity of the illumination of the sign be limited, or that the hours
that the sign is illuminated be limited, or both.
8.1.14 A sign owner must ensure that its signs remain in a proper state of repair and do not
become unsafe or unsightly. Where a sign has been defaced, damaged or destroyed the
sign owner must:
a. Immediately repair the sign to its original condition;
b. Replace it with a new sign that complies with any applicable development permit or the
rules of this Bylaw where a development permit is not required; or
c. Remove the sign.
8.1.15 Where a sign is no longer related to a business, event, or product located on the same
parcel as the sign, the sign must be removed by the sign owner or the owner of the
parcel on which the sign is located.
8.2 Permit Requirements
8.2.1
Unless exempted by Section 8.3, no person shall place, replace, erect or use any sign
without first obtaining a development permit.
8.2.2
If active work is not commenced within twelve (12) months from the date of its
issuance, the development permit for a sign shall expire and become invalid, unless the
Development Authority approves an extension of time which must be requested by the
owner in writing.
8.2.3
Provided the sign is erected within twelve (12) months of issuance of the permit, the
permit shall continue in force from year to year.
8.2.4
An application for a development permit shall include the following:
a. The name and address of:
i.
the sign company responsible for the sign;
ii.
the owner of the sign; and
iii.
the registered owner of the land or premises upon which the sign is to be
erected.
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b. Written consent of the registered owner of the land or premises upon which the sign is
to be erected;
c. A site plan showing:
i.
the proposed sign location;
ii.
property lines and setback requirements;
iii.
distances to adjacent buildings and signs; and
iv.
distances to the nearest intersection and any sidewalks and curbs.
d. A plan showing the following design and construction details:
i.
the overall dimensions of the sign and the total sign area;
ii.
design details and material specifications;
iii.
manner of all sign illumination;
iv.
method of supporting or attaching the sign;
v.
the amount of projection from the face of the building, where applicable;
vi.
the amount of projection over Town property, where applicable;
vii.
the height of the top and the bottom of sign above the average ground level at
the face of the building or sign; and
viii.
the distance to aerial power lines from freestanding signs.
e. A fee as established by bylaw.
8.2.5
Whenever the conditions of installation require unusual structural provisions, the
Development Authority may require a structural drawing prepared by a professional
engineer to ensure the safety of the sign design and placement.
8.2.6
Provided the sign complies with the regulations in this Bylaw and any other applicable
municipal, provincial or federal regulations, the permit shall continue in force
indefinitely.
8.3 Signs Not Requiring a Development Permit
8.3.1
Normal maintenance of a sign in accordance with an existing permit does not require a
new development permit.
8.3.2
The following signs shall not require a development permit but must comply with the
regulations of the Land Use Bylaw:
a. Signs, notices, placards or bulletins required or permitted to be displayed:
i.
under the provision of federal, provincial or municipal legislation;
ii.
by or on behalf of the federal, provincial or municipal government; or
iii.
on behalf of a department, a commission, a board, a committee or an official of
the federal, provincial or municipal government
26
iv.
street numbers or letters displayed on a premises where together the total copy
area is less than 1.2 m2 (13.0 ft.2);
v.
signs posted as a requirement of an application for subdivision, land use
amendment, or development permit, provided such signs are removed once the
application has been resolved;
vi.
one non-illuminated sign with a total copy area not exceeding 0.3 m2 (3.2 ft.2)
for each major home occupation or bed and breakfast facility; and
vii.
fascia sign which is attached to a residential dwelling unit or its accessory
buildings and states no more than the name of the building or the name of the
persons occupying the building or both, provided that the total sign area does
not exceed 0.3 m2 (3.2 ft.2).
b. A fascia sign or a canopy sign with a total sign area that does not exceed 1.5 m2 (16.2
ft.2), and which is attached to a building other than a residential dwelling unit and states
no more than:
i.
the name or address of the building;
ii.
the name of the person or institution occupying the building; and
iii.
the activities carried on in the building including hours of operations and rates
charges.
c. A real estate property management sign provided that the total sign area does not
exceed 1.0 m2 (10.8 ft.2) in residential Districts.
d. A real estate or property management sign provided that the total sign area does not
exceed 6.0 m2 (64.8 ft.2) in any other District.
e. Signs placed on a premises for the guidance, warning or restraint of persons provided
that the total sign area does not exceed 0.2 m2 (2 ft.2).
f. Candidates' election signs provided they conform to the following requirements:
i.
the consent of the property owner or occupant is obtained, or in the case of
municipal property, the consent of the Development Authority;
ii.
the signs do not obstruct traffic sight lines;
iii.
the signs are displayed only between September 1 of an election year and 48
hours after the close of the voting stations on Election Day, in the case of an
election or by-Election under the Local Authorities Election Act, RSA 2000, c L-21
(LAEA);
iv.
the signs are displayed only between the date the election is officially called and
48 hours after the close of the voting stations on Election Day, in the case of
elections for Federal and Provincial public office; and
v.
the signs indicate the name and address of the sponsor and the person
responsible for removal.
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g. Traffic and directional signs authorized by the Town or provincial authorities with an
area less than 1.4 m2 (15.1 ft.2).
h. Temporary signs with an area less than 3.0 m2 (32.4 ft.2) intended to advertise any local
event being held for charitable purposes, which may be religious, educational, cultural,
political, social or recreational, but not for commercial purposes.
i.
Signs posted or exhibited in a non-residential building, including inside a window.
j.
Temporary special event signage with an area less than 3.0 m2 (32.4 ft.2) for initiatives or
a special promotion by an individual business or organization, to a maximum of seven
(7) days for no more than three (3) times per year.
k. Construction signs provided they conform to the following requirements:
i.
there shall not be more than a total of four (4) construction signs per site;
ii.
in residential subdivisions, the total area of all four construction signs shall not
exceed 6.4 m² (69.1 ft.2);
iii.
in commercial and industrial subdivisions, the total area of all four construction
signs shall not exceed 25 m² (270 ft.2);
iv.
no individual construction sign in a residential area may exceed 3.0 m² (32.4 ft.2)
in area;
v.
all construction signs must be located on private property; and
vi.
construction signs shall be professionally designed and maintained to the
satisfaction of the Development Authority.
l.
Signs displayed inside a window.
m. Any sign located inside a building and not intended to be viewed from outside.
n. A-board signs, provided they comply with the regulations of Section 8.5: A-Board Signs.
o. Replacement of copy on a sign for which a development permit has been issued.
p. The changing of copy on a changeable copy sign or electronic message display.
q. A maximum of two (2) menu boards per drive lane at Drive-Through Restaurants,
provided that:
i.
the side indicating the menu faces the parking area;
ii.
the non-advertising side of the menu board is enclosed and does not contain
any advertising;
iii.
the menu board shall not exceed 4.6 m2 (49.5 ft.2) in area; and
iv.
the sign does not interfere with traffic or pedestrian safety.
r. Flags.
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8.4 Variances
8.4.1
Where a type of sign is permitted, but does not comply with all of the applicable rules of
this Schedule, the Development Authority may grant a variance of up to 10% of the size,
dimension, area, or distance separation for a sign in accordance with the following
criteria:
a. Test for a variance as referenced in Section 6.9 of this Bylaw;
b. Rules relating to opportunities for signage;
c. Character of the area where the sign is proposed to be located; and
d. Amount of signage in the nearby surroundings.
8.4.2
The notification requirements contained in Section 6.11 of this Bylaw shall apply to any
variance exceeding 10%.
8.5 A-Board Signs
8.5.1
A-Board Signs shall:
a. Be of a painted finish, be neat and clean, and be maintained in such condition; and
b. Be of a size not exceeding 0.6 m (2.0 ft.) wide by 0.9 m (3.0 ft.) high and not less than
0.3 m (1.0 ft.) wide by 0.6 m (2.0 ft.) high.
FIGURE 8.5: A-BOARD SIGNS
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8.6 Awning and Canopy Signs
8.6.1
Awning and canopy signs shall not project from the building to a point greater than
where a perpendicular line from the front edge of the awning will intersect the sidewalk
0.6 m (2.0 ft.) from the face of curb.
8.6.2
Canopy signs may be attached to the sides and front of the canopy, and such signs may
extend the entire length and width of the canopy.
8.6.3
Under canopy signs may be hung from the canopy provided such signs:
a. Do not extend beyond the sides or the front of such canopy; and
b. Do not exceed a vertical dimension of 1.5 m (4.9 ft.).
8.6.4
No person shall erect an awning sign, a canopy sign or an under canopy sign unless such
sign:
a. Is securely hung and anchored to the building to which it is attached and the structure
to which it is attached is capable of resisting all stresses resulting from dead weight,
snow and wind loads;
b. Is at clearance of not less than 2.8 m (9.2 ft.) from the average ground level at the face
of the building;
c. Does not project more than 3.0 m (9.8 ft.) from the face of the building or structure to
which it is attached; and
d. Projecting signs installed over or above canopies shall not be supported by the canopy.
FIGURE 8.6: AWNING AND CANOPY SIGNS
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8.7 Billboards
8.7.1
A development permit for a billboard shall not be issued unless:
a. The billboard is to be located on a lot abutting Highway 43 or in the Highway 43 right-of-
way subject to the approval of Alberta Infrastructure and Transportation; and
b. The lot referred to in Section 8.7.1(a) above is located in a commercial, industrial or
urban reserve Land Use District.
8.7.2
A billboard sign shall not:
a. Be more than 3.0 m (9.8 ft.) high, nor more than 6.0 m (19.7 ft.) long;
b. Have a maximum height above grade of more than 6.0 m (19.7 ft.);
c. Have a maximum area exceeding 18.0 m2 (194.4 ft.2);
d. Be located closer than 3.0 m (9.8 ft.) to any property line; and
e. Be erected, constructed, altered or used anywhere within the Town except as provided
by this Bylaw and other bylaws of the Town.
8.7.3
The land and the sites in and about where the billboards are permitted shall always be
maintained in a neat and clean manner, free from all loose papers and rubbish.
8.7.4
A second face may be required on the billboard where the back of the billboard is visible
to pedestrian or vehicle traffic.
8.7.5
An existing billboard may be relocated on the same site with the approval of the
Development Authority.
8.8 Election Signs
8.8.1
Notwithstanding Section 8.3.2(f), the following regulations apply to the placement of
election signs.
8.8.2
Election signs may be placed on private property with the consent of the owner or
occupant.
8.8.3
Election signs are permitted on municipal property only as designated by the
Development Authority.
8.8.4
No encroachment of an election sign from private property onto municipal property will
be permitted unless it is at a designated location.
8.8.5
Election signs must indicate the name and address of the sponsor and the person
responsible for removal.
8.8.6
Election signs must be located at least 3.0 m (9.8 ft.) from the edge of the travelling
surface of a roadway and must not obstruct traffic sight lines.
8.8.7
Election signs on public property may not exceed 3.0 m2 (32.4 ft.2) in size nor 3.6 m
(11.8 ft.) in height.
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8.8.8
Sponsors or candidates shall remove their election signs from public and private
property within 48 hours after the close of the voting stations on Election Day and
ensure that the site is cleaned up and that the holes are filled with a mixture of topsoil
and grass seed.
8.8.9
If a sponsor or candidate fails to remove their election signs within 48 hours after the
voting stations close on Election Day, the Community Peace Officers may remove them,
and the sponsor or candidate shall be liable for the cost of removal.
8.8.10 When an election sign interferes with work being carried out by Town work crews or
contractors doing work on behalf of the Town, the crews may remove and dispose of
such signs.
8.8.11 Community Peace Officers employed by the Town may remove any election signs, which
have been erected, affixed, posted or placed on any Town property in contravention of
this Bylaw.
8.8.12 A sponsor or candidate whose name appears on an election sign, which is in
contravention of this Bylaw, shall be guilty of an offence under this Bylaw.
8.9 Fascia Signs
8.9.1
Fascia signs shall not be located above any portion of a street, or project over public
property unless there is a minimum clearance from grade of 2.5 m (8.2 ft.) and a
maximum projection of 0.4 m (1.3 ft.).
8.9.2
A fascia sign shall not exceed 15% of the visible area of the façade of each wall of the
building on which it is located.
8.9.3
A fascia sign may be illuminated.
8.10 Freestanding Signs
8.10.1 A freestanding sign may be allowed in a yard setback area, subject to the condition that
it be removed or relocated at the owner's expense upon thirty (30) days' written notice
from the Town.
8.10.2 A freestanding sign must be at least 20 m (65.6 ft.) from any other sign.
8.10.3 A freestanding sign must be at least 90 m (295.3 ft.) from any other freestanding sign.
8.10.4 Freestanding signs in non-residential Districts are subject to the following regulations:
a. One (1) freestanding sign shall be allowed per lot frontage for the purpose of identifying
the use or building on that lot, on a site having a minimum business frontage of 15 m
(49.2 ft.) at road level;
b. The sign shall be architecturally compatible with the general character of the building
and/or the surrounding streetscape, at the discretion of the Development Authority;
c. The maximum area of the freestanding sign shall not exceed 7 m2 (75.3 ft.2);
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d. The maximum height of the freestanding sign shall not exceed 6.0 m (19.6 ft.);
e. Free standing signs shall not identify any accessory tenants within the principal building;
f. The sign may be illuminated, but shall not have flashing or intermittent lights or device
or mechanism that creates the impression of flashing or intermittent lights;
g. At the discretion of the Development Authority, landscaping may be required at the
base of the sign; and
h. The bottom of freestanding signs shall be a minimum of 3.6 m (11.8 ft.) above grade,
unless a lesser distance is approved by the Development Authority, and the space
between the bottom of the sign and the grade shall be unobstructed, except for such
supports as the sign may require.
8.10.5 Freestanding signs in residential Districts shall be permitted under the following
provisions:
a. One (1) identification freestanding sign may be allowed to identify the name of an
apartment dwelling, multi-unit complex, manufactured home park, community,
neighbourhood, or subdivision, and which does not:
i.
exceed 2.0 m2 (21.6 ft.2) in area;
ii.
project within 0.6 m (2.0 ft.) from the property line; or
iii.
exceed 3.5 m (11.5 ft.) in height.
8.10.6 Freestanding signs identifying the name of the community, neighbourhood, or
subdivision shall be architecturally compatible with the general character of the
buildings and the surrounding streetscape in the community, neighbourhood, or
subdivision.
8.10.7 A neighbourhood identification sign shall not contain an advertisement in any form but
may contain the name or logo of the company or companies which developed the
neighbourhood or subdivision.
8.11 Painted Wall Signs
8.11.1 Only one (1) sign per wall is permitted.
8.12 Projecting Signs
8.12.1 No projecting sign shall be erected so that the bottom thereof is less than 2.8 m (9.2 ft.)
above grade.
8.12.2 Traffic lights shall not be obscured by a Projecting Sign.
8.12.3 All projecting signs shall maintain the required clearance from overhead power and
service lines as required under The Electrical Protection Act.
8.12.4 The maximum area of a projecting sign shall be 4.5 m2 (48.4 ft.2).
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8.12.5 The nearest edge of a projecting sign shall not be set off more than 0.3 m (1.0 ft.) from
the building face.
FIGURE 8.12: PAINTED WALL SIGNS AND PROJECTING SIGNS
8.13 Wall Signs
8.13.1 Wall signs shall be securely fastened to walls and shall not be entirely supported by a
non-braced parapet wall.
8.13.2 The maximum horizontal dimension of a wall sign shall be 6.0 m (19.7 ft.).
8.14 Portable and Inflatable Signs
8.14.1 Portable Signs shall be located entirely upon the site of the building, business or land
use to which the advertising on the sign refers. The Town may remove, without prior
notice, any portable sign which has been placed in contravention of sign regulations.
The costs associated with such removal and any storage shall be paid by the permit
holder. The use of flashing lights for illumination shall not be allowed on Portable Signs.
8.14.2 Portable Signs shall only be allowed in Public, Commercial and Industrial designated
areas within the Town of Fox Creek.
8.14.3 Only 1 Portable Sign shall be located at one time on a parcel.
8.14.4 The name and phone number of the sign owner shall be permanently affixed in a
visually prominent location on the sign.
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8.14.5 The Portable Sign and all component parts shall be situated within the parcel lines.
8.14.6 No Portable Sign shall be permitted in a location where it obstructs the vision of
vehicular traffic, nor interferes with the interpretation of or may be confused with any
traffic sign, signal or device.
8.14.7 No Portable Sign shall interfere with traffic circulation on the site or reduce the number
of required parking spaces of the parcel.
8.14.8 If illuminated, a Portable Sign shall not employ any flashing or intermittent lights.
8.14.9 Where any Portable Sign is found to be in contravention of any one of the provisions of
this Bylaw the Development Officer shall:
a. Give notice in writing to the sign owner or owner of the parcel of land upon which the
sign is located directing rectification of the contravention;
b. Remove and impound the said sign in the event the sign continues to contravene the
provision of the Bylaw 48 hours after receipt of the notification;
c. Release any impounded sign upon payment to the Town of Fox Creek of a towing and
impoundment fee;
d. Upon the expiration of the 30 days from the date of impoundment, dispose of any sign
pursuant to the provisions of Section 610 of the Municipal Government Act.
e. Notwithstanding the time period specified in section 8.14.9 b. may remove and impound
a Portable Sign without prior notice when the Portable Sign is determined by the
Development Officer to cause a safety hazard.
8.14.10 Portable Signs may be used for off-site purposes only to provide direction. In such cases
they shall include only the name, address, telephone number and directional arrow and
cannot include any advertising.
8.14.11 Portable Signs shall be located a minimum of:
a.
3m (9.8 ft.) from any access/entrance to the site;
b.
10m (32.8 ft.) from an intersection;
c.
1m (3.3 ft.) from an existing or future curb line; and
d.
0.3m (1 ft.) from the inside edge of any sidewalk
8.14.12 The maximum size of a portable sign is:
a.
Maximum Portable Sign area 5.0m2 (53.82 ft.2);
b.
Maximum height 3.0m (9.8 ft.). Height is measured from grade to top of sign; and
c.
Maximum width 3.0m (9.84 ft.)
8.14.13 A maximum of one (1) Off-Site Portable Sign may be allowed on a single lot. If a lot has
been approved for an Off-Site Portable Sign, the Development Authority shall not
consider any subsequent development permit applications for an Off-Site Portable Sign
for the same lot until six (6) months has elapsed from the expiration of the previously
approved development permit.
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General Provisions in All Districts
9.1 Applicability to All Districts
9.1.1
This part shall apply to all Land use Districts under this Bylaw.
9.2 Demolition and Relocation of a Building or Structure
9.2.1
Relocation or Demolition of Buildings:
a. In the case of demolition of a building on a site, a development permit may be required
at the discretion of the Development Authority where the demolition is likely to result in
change of use or change in intensity of use on the site. The development permit may
require the owner of the site to address reclamation of the site, removal or restriction
of access, and other such issues deemed appropriate by the Development Authority in
order to have the site left in a safe and secure condition.
b. Except as otherwise provided for in this Bylaw, no person shall relocate a building or
structure, or portion thereof, onto a site without first obtaining a development permit
for the moved-in building or structure. The relocated building or structure shall comply
with the appropriate District regulations.
c. Excepting a new manufactured home, a modular home, or a portable accessory building
or structure, a relocated building or structure shall be considered a discretionary use in
all Districts.
d. Applications for a development permit for a manufactured home between the ages of
1-10 years old may be approved jointly by the Chief Administrative Officer and
Development Officer subject to verification of the home's current condition and
compatibility with the surrounding neighbourhood and the requirements under section
9.2.g.
e. Applications for the installation of a manufactured home for homes greater than 10
years old and less than 20 years old may be approved by the Municipal Planning
Commission subject to verification of the home's current condition and compatibility
with the surrounding neighbourhood and the requirements under section 9.2.g.
f.
A development permit shall not be issued for the placement of any home that was
manufactured more than twenty (20) years prior to the application for a permit.
36
g. To assist in the assessment of the compatibility of a relocated building with surrounding
development, development permit applications for that building shall include:
i.
recent colour photographs showing all sides of the building;
ii.
a statement of the age, size and structural condition of the building; and
iii.
a statement of any proposed improvements to the building, including a
description of the colour, texture and/or finish applied to exterior surfaces, and
a description of proposed landscaped areas.
h. Any renovations or improvements required to ensure that the relocated building or
structure complies with this Bylaw shall be listed as conditions of the development
permit, and such conditions shall be met within one year of the relocation.
i.
Where a development permit has been granted for a relocated building, the
Development Authority may require the applicant to provide a letter of credit or some
other form of security to ensure:
i.
the completion of any renovations or site improvements set out as a condition
of approval of a development permit; and
ii.
any maintenance, repairs or improvements associated with the building
relocation, or for repair of roads, sidewalks, boulevards that may be caused by
the relocation.
9.2.2
Application for Demolition:
a. Notwithstanding Section 6.3.1(k). and in addition to the requirements of Section 6.5, an
application for a development permit for the demolition of a building shall include the
following information:
i.
the value of the building;
ii.
the purpose for the building demolition and the type of structure to replace the
demolished building;
iii.
a work schedule of the demolition and site cleanup;
iv.
the destination of debris materials; and
v.
the length of time before the site is to be redeveloped and treatment of the site
after demolition but prior to development.
9.3 Satellite Dish and Amateur Radio Antennas
9.3.1
Notwithstanding Section 6.3.1, the following provisions apply:
a. All satellite dish and amateur radio antennas shall be located on the same site as the
intended signal user.
b. No satellite dish or amateur radio antenna which is accessory to the principal use of a
site shall be located in, or encroach onto, a front or side yard in any residential District.
37
c. A satellite dish antenna larger than 1.0 m (3.3 ft.) in diameter shall not be located on a
roof top except for apartment dwellings and multi-storey buildings in non-residential
Districts.
d. Where any portion of a satellite dish or amateur radio antenna is more than 3.0 m (9.8
ft.) above grade, it shall be landscaped to screen the base of the antenna and located to
minimize negative visual impacts on adjacent properties to the satisfaction of the
Development Authority.
e. Location restrictions for satellite dish and amateur radio antennas may be waived where
the applicant can demonstrate, to the satisfaction of the Development Authority that
compliance would interfere with signal reception, or in commercial or industrial areas
where visual impacts on adjacent properties are minimal.
f.
An applicant for a development permit for an amateur radio antenna shall notify and
provide comments of all landowners located within 75.0 m (246.1 ft.) from the
boundary of the property. The Development Authority shall ensure the applicant is
given an opportunity to respond to comments and input that may form part of the basis
for the approval of the development permit.
g. Satellite dish and amateur radio antennas shall conform to the site regulations
respecting accessory buildings and projections as per Sections 10.3, 10.4 and Table
10.13 in Residential Districts, and Sections 11.2 and 11.6 in Non-Residential Districts of
this Bylaw.
h. The maximum height of a satellite dish or amateur radio antenna in residential Districts
shall be 4.6 m (15.1 ft.).
i.
No more than one freestanding satellite dish or amateur radio antenna or two roof top
satellite dish or amateur radio antennas are permitted on a residential site.
j.
Antennas shall not be illuminated unless required by Transport Canada regulations and
shall not exhibit or display any advertising except for the incidental display of the
manufacturer's logo.
No advertising shall be permitted on an antenna or tower structure.
9.4 Solar Collectors
9.4.1
Solar Collectors, Minor, shall be allowed in the Town subject to the following conditions:
a. There shall be a limit of one small energy system per lot,
b. The energy produced is designed primarily for the use of the lot owner,
c. The Solar Collectors, Minor, shall be designed to minimize the impact on adjacent properties
including but not limited to visual impacts, other appearance issues, the height of the
structure and safety issues.
d. A Solar Collector, Minor, shall be located on a wall or roof of a building.
e. A wall or roof-mounted Solar Collector, Minor, shall not require a development permit
approval but must satisfy requirements under the Safety Codes Act.
38
f.
A ground-mounted Solar Collector, Minor, may be permitted as a discretionary use if it is
located in a side or rear yard provided that they meet the setback requirements for an
accessory structure and shall require development permit approval.
9.4.2
Solar Collectors, Major, shall be a discretionary use in the Town's Industrial Zones
subject to the conditions:
a. Solar Collectors, Major, shall require development permit approval
b. Solar Collectors, Major, shall satisfy the requirements under the Safety Codes Act.
c. Solar Collectors, Major, shall satisfy the requirements of the Alberta Utilities Commission
(AUC).
d. That there shall be a minimum distance separation of 300.0 metes between any Solar
Collector, Major, development, and the boundary of a multi-parcel residential subdivision.
e. The applicant shall provide the following information with their application:
1. Drainage plan, showing that drainage will be contained on site and that adjacent water
bodies will be adequately protected from runoff.
2. Solar Collectors, Major, spacing must provide adequate access for firefighting of both
forage and electrical fires.
3. Information on the potential impacts of solar glare on surrounding land uses and
roadways within 800 metres of the boundary of the Solar Collectors, Major, shall be
provided.
4. Information on potential impacts on the local road system including required approaches
from public roads.
5. Information regarding public safety and security measures.
6. A suitable security fencing must be installed around the development.
7. Landscaping and screening measures, including a tree buffer along the main roadway
abutting the property, must be taken to minimize any adverse visual impact on nearby
residences and public roadways.
8. A weed control plan shall be submitted to the satisfaction of the municipality's weed
inspector.
9. Applicants shall provide information on decommissioning and reclamation plans that
outline how sites will be returned to their pre-development state as required by the AUC,
demonstrating that sufficient funds are available at the end of life to cover the cost of
decommissioning and reclamation.
10. The Development Authority may require that the applicant conduct and document public
engagement prior to submitting a Development Permit Application for Solar Collectors,
Major, use if, in the opinion of the Development Authority, the development may present
a significant adverse impact to nearby Residential or Commercial properties.
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9.5 Bare Land Condominium
9.5.1
A bare land condominium development must comply with all the general regulations of
this Bylaw, including the regulations of the applicable Land Use District.
9.5.2
The front yard setback for dwelling units located within a bare land condominium
development shall apply to the setback from the public roadway giving access to the
bare land development. In addition, where applicable, the front yard setback shall apply
to a dwelling unit when an internal roadway provides access to parking stalls located in
the front of a dwelling unit.
9.5.3
The rear yard setback for dwelling units located within a bare land condominium
development shall apply to the perimeter of the site to adjacent properties except in
the case of a front yard.
9.5.4
A comprehensive site plan shall be required for the development of a residential bare
land condominium development, and all development shall conform to the
comprehensive site plan. The proposed plan must include the following to the
satisfaction of the Development Authority:
a. Site access, internal road system, walkway system and site pattern showing dimensions
and structures;
b. Designated emergency access routes;
c. Provision for on-site containerized garbage collection facilities;
d. Open space designated for recreational and playground use, and shall not include any
required buffer strip;
e. Location of hard surfaced parking for every proposed lot and visitor parking areas; and
f. Such other information as deemed necessary by the Development Authority.
9.5.5
The developer and the condominium corporation shall be responsible for the
construction, maintenance, repair, and replacement of all roads and utility services
within the condominium plan or bare land condominium plan.
9.6 Building Orientation and Placement
9.6.1
No person on a corner lot in any District shall erect, place or maintain, within a triangle
formed by the boundaries of the site common with the streets abutting them and a
straight line connecting points on each of the said boundaries a distance of 6.0 m (19.7
ft.) from the point where they intersect, a wall, fence, shrub, trees, hedge or any object
over 1.0 m (3.3 ft.) in height above the lowest street grade adjacent to the intersection.
See Figure 9.6.
9.6.2
In all Districts, a site abutting two (2) streets or more shall have a front yard on each
street and two (2) side yards in accordance with Figure 9.6 and shall comply with the
setback requirements of the relevant district.
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FIGURE 9.6: RESTRICTIONS ON CORNER / DOUBLE FRONTING LOTS
9.7 Easements
9.7.1
No development shall be constructed or placed in or over a utility easement or right-of-
way unless:
a. Written consent has been obtained from the person whom the easement is registered
to or the person whose utility line is located in the easement; and
b. The building, structure, fence, wall or landscaping does not restrict access to the utility
easement for the purpose of installation or maintenance of the utility.
9.7.2
The registered landowner or authorized agent shall be responsible for confirming the
location and requirements of all other utility easements or rights-of-way.
9.8 Fencing and Screening
9.8.1
Fences and screening shall complement the character and quality of the principal
building.
9.8.2
Fence and screening heights shall be measured from the finished grade approved by the
Development Authority and include the height of retaining walls supporting the fence or
screen.
9.8.3
The maximum height of a fence, hedge or other screening as measured from grade shall
be:
a. 2.0 m (6.6 ft.) for that portion which does not extend beyond the most forward portion
of the principal building on the lot;
b. 1.2 m (4.0 ft.) for that portion which extends beyond the most forward portion of the
principal building on the lot; and
c. In the case of corner lots pursuant to Section 9.6.1, 1.0 m (3.3 ft.) within the sight
triangle of the site, regardless of whether or not a corner cut-off has been taken.
41
9.8.4
At the discretion of the Development Authority, a solid 2.0 m (6.6 ft.) high fence may be
permitted to provide noise attenuation and a visual barrier where a lot is proximate to a
high traffic road or other nuisance.
9.8.5
The electrification of any fences within the Town of Fox Creek shall not be permitted.
9.8.6
No barbed or razor wire fences shall be permitted in residential areas.
9.8.7
Fencing and Screening in Non-Residential Districts:
a. In non-residential districts, the outdoor storage of vehicles, equipment, or products
shall be screened to the satisfaction of the Development Authority. Plantings should be
used in combination with solid fencing to substantially block the view of the materials
being stored on site from the adjacent properties or roads.
b. When a commercial or industrial lot abuts with or is adjacent to lanes that abut a lot in a
residential District, a continuous screen of at least 2.0 m (6.6 ft.) is required on the
commercial or industrial lot along the lot lines shared with the residential lot or abutting
lane.
c. The length and width of the screening shall be at the discretion of the Development
Authority.
d. Breaks may be provided in the screen to facilitate pedestrian connections between the
sites at the discretion of the Development Authority; and
e. At the discretion of the Development Authority, a high fence or a fence with barbed or
other security features may be approved by the Development Authority in non-
residential areas for public safety, security, privacy or buffering purposes.
9.9 Lighting
9.9.1
Appropriate lighting of all developments shall be required to provide security and create
a coordinated appearance and identity.
9.9.2
Lighting standards and fixtures shall be of consistent design and complement the
architectural theme of the buildings located on the site.
9.9.3
Outdoor lighting shall be designed so that illumination:
a. Serves a useful purpose and is limited to what is necessary for that use;
b. Ensures that all parking spaces, entrances and circulation routes are well-lit;
c. Uses energy efficient fixtures and bulbs where possible;
d. Is not directed at an adjacent site or skyward;
e. Does not adversely affect adjacent sites;
f. Does not adversely affect traffic safety;
g. Provides effective glare control and shielding; and
h. Fixtures are mounted no higher than 4.0 m (13 ft.) above grade unless for the purpose
of lighting an outdoor patio, deck or do not exceed the height of the roof.
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9.9.4
All lighting design, planning, and implementation shall be to the satisfaction of the
Development Authority.
9.9.5
Flickering and flashing lights are prohibited in all Districts, except for seasonal displays.
9.10 Objects Prohibited or Restricted in Yards
9.10.1 No person shall keep or permit in any yard in any District any object or material which,
in the opinion of the Development Authority is unsafe, unsightly or adversely affects the
amenities of the District. This includes but is not limited to dismantled or wrecked
motor vehicles, and any excavation, stockpiling or storage of materials, explosives,
flammable liquids, toxic chemicals, diesel fuel and gasoline products.
9.10.2 The outdoor storage of materials, products, equipment or machinery shall not be
permitted in the front yard of commercial Districts unless required as part of the sale,
promotion or display of merchandise as determined by the Development Authority.
9.10.3 Temporary buildings, unless otherwise approved by the Development Authority, in the
districts where they are listed as either a discretionary or permitted use.
9.11 Parking and Loading Facilities
9.11.1 If parking and/or loading spaces are required as a condition of a development permit,
the owner of the building shall provide the required parking and loading spaces at or
before the time of occupancy of the building.
9.11.2 All parking spaces, loading spaces, manoeuvring aisles and driveways shall be surfaced,
demarcated, and maintained to the satisfaction of the Development Authority.
9.11.3 As a condition of a development permit, security for lot surfacing costs may be required
under Section 6.7.3.
9.11.4 Additional parking requirements for sites located within the Downtown Overlay District
may be required under Section 13.18.
9.11.5 The Development Authority may refuse to grant a development permit to an applicant
not fully complying with parking requirements.
9.12 Parking Requirements
9.12.1 All off-street parking facilities shall be constructed so that:
a. Necessary curb cuts shall be located and flared to the satisfaction of the Development
Authority;
b. Parking areas are designed and located to minimize disruption to the continuity of the
pedestrian system and adjacent public roadways;
c. Every off-street parking stall provided, and the access thereto shall be paved, except in
industrial designated parcels, at the discretion of the Development Authority;
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d. Parking facilities used at night shall have adequate lighting for the entire parking facility,
with such lighting directed away from adjacent or other properties;
e. Off-street parking facilities shall be separated from streets by a landscaped area of at
least 2.0 m (6.6 ft.) in width; and
f.
Grades and drainage shall dispose of surface water in accordance with the approved lot
drainage plan or stormwater management plan. In no case shall grades be established
that would permit surface drainage to cross any sidewalk or site boundary without the
approval of the Development Authority.
9.12.2 A parking lot shall be designed, located and constructed so that it:
a. Is accessible to and appropriate for types of motor vehicles using it and the frequency of
use;
b. Is appropriately surfaced and drained as required by the Development Authority;
c. Does not interfere with pedestrian or traffic safety;
d. Marked off or physically divided to delineate clearly each parking stall, loading space or
drive aisle;
e. Has suitable barriers to prevent motor vehicles from encroaching onto landscaped areas
and to protect fences, walls and buildings; and
f.
Wheel stops shall not exceed 0.1 m (0.3 ft.) in height above the parking stall surface and
shall be placed perpendicular to the parking stall depth, 0.6 m (2.0 ft.) from the front of
the parking stall.
9.12.3 Accessible parking spaces shall be provided in accordance with the Alberta Building
Code.
a. Such accessible stalls shall be considered as part of the total required parking;
b. Additional accessible stalls may be required if in the opinion of the Development
Authority the development would require additional access; and
c. Accessible stalls shall have a minimum width of 4.0 m (13.1 ft.), be clearly designated as
accessible stalls, and be located close to building entrances.
9.12.4 Location of parking and loading for residential uses:
a. All parking stalls and loading spaces required by this Bylaw shall be located on the same
site as the use requiring them, subject to setback and yard requirements.
b. For single detached and duplex dwellings, the required parking stalls shall be surfaced
with asphalt, concrete or a similar material within one year of occupancy of the
development and shall be accessible from a public road.
c. Parking areas required for multi-unit residential dwellings shall be paved prior to
occupancy.
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d. If seasonal conditions prohibit the completion of lot surfacing according to Sections
9.11.2, areas that are not completed shall be compacted and maintained to allow access
by emergency vehicles and all surfacing shall be completed prior to July 1st of the
following year.
9.12.5 Location of parking and loading for non-residential uses:
a. The location of on-site parking on a school site shall be to the satisfaction of the
Development Authority.
b. Unless otherwise stated in this Bylaw, parking areas required for non-residential uses
shall be hard surfaced prior to occupancy.
c. Parking stalls within a shopping centre shall not be calculated on a separate basis for
individual buildings but instead shall be calculated according to the Shopping Centre
category in Table 9.12.1.
d. Parking spaces shall not be located in the front yard of a site or between the front of a
building and the boundary of the street on which the building faces unless otherwise
approved by the Development Authority.
9.12.6 Multi-use or mixed use developments:
a. Developments containing or providing for more than one use shall provide parking stalls
and loading spaces equal to the sum of the requirements of individual uses;
b. Parking requirements may be reduced at the discretion of the Development Authority if
there is a complementary or overlapping use of the parking facilities on a site which
would warrant a reduction in the parking requirements; and
c. Shared parking for multi-use or mixed-use developments may be allowed at the
discretion of the Development Authority according to Section 9.12.7.
9.12.7 Remote Parking, Shared Parking, and Parking-in-Lieu:
a. At the discretion of the Development Authority, some or all required parking spaces for
a non-residential development may be provided on a remote site:
i.
the remote site must be located within 100.0 m (328.1 ft.) from the site of the
development served by the parking along public walkways;
ii.
the remote site shall be located in a District that allows parking lot or structures;
iii.
if the applicant is the owner of the remote site, the owner shall register a
Shared Parking agreement onto the Land Title for the property stating that the
remote site shall be used for parking as long as required, and name the Town as
a party to the agreement;
iv.
if the applicant does not own the remote site, it shall be secured through a
Parking Agreement to the applicant, acceptable to the Development Authority,
for a minimum of ten (10) years. The applicant must register the agreement on
the Land Title for the property;
v.
parking on the remote site shall be developed at the same time and to the same
standards, setbacks and yard requirements as on-site parking; and
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vi.
the applicant shall give priority for any on-site parking to visitor use and provide
staff parking on the remote site.
b. The Development Authority may allow two (2) or more developments to share parking
spaces. Permission to share parking spaces may only be granted by the Development
Authority in the following circumstances:
i.
up to 50% of the required parking may be combined or shared parking, at the
discretion of the Development Authority;
ii.
the developments are in close proximity to each other and within 100.0 m
(328.1 ft.) of the site on which the parking spaces are located;
iii.
the demand for parking spaces for each development is not likely to occur at
the same time;
iv.
the Development Authority is satisfied that the arrangement between the
owners of the developments for the sharing of parking spaces is to be
permanent; and
v.
a development agreement acceptable to the Development Authority is provided
and registered on the Land Title for the Property.
c. In lieu of providing off-street parking to meet requirements, an applicant for a
development permit may instead pay the Town to provide the equivalent parking area
as shared parking, at the discretion of the Development Authority.
d. The payment required shall be based on the amount required to construct the parking
stalls on land owned or proposed to be purchased by the Town. Alternatively, the
amount of the payment required per parking stall shall be set by resolution of Council.
e. Revenue so received by the Town shall be used only for the development or
improvement of municipal, off-street parking facilities to benefit the development.
9.12.8 Size of Parking Stalls and Drive Aisles:
a. Parking angles may range from 90 degrees to 45 degrees;
b. Unless otherwise allowed by the Development Authority, the minimum dimensions for
the design of parking facilities shall be as set out in Table 9.12;
c. Parking dimensions for parking angles between 90 degrees and 45 degrees shall be
calculated using a straight-line interpolation between dimensions;
d. For parallel parking, the depth of the parking spaces shall be 3.5 m (11.4 ft.), except that
an end space with an open end shall be a minimum of 5.5 m (18.0 ft.);
e. Manoeuvring aisles and driveways serving as fire lanes shall be at least 6.1 m (20.0 ft.)
wide;
f.
Parking stalls shall be clear of all obstructions, other than wheel stops; and
g. The maximum grade of a parking stall shall not exceed 4% in any direction.
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FIGURE 9.12: PARKING DIMENSIONS
a. Stall Width
b. Parking Angle in Degrees
c. Aisle Width
d. Stall Depth (perpendicular to aisle)
e. Parking Unit Depth
TABLE 9.12: PARKING STALL DESIGN STANDARDS
STALL WIDTH
PARKING
ANGLE IN
DEGREES
AISLE WIDTH
STALL DEPTH
PERPENDICULAR TO
AISLE
PARKING UNIT
DEPTH
(a)
(b)
(c)
(d)
(e)
7.0 m (23.0 ft.)
0 (Parallel)
3.6 m (11.9 ft.)
3.5 m (11.4 ft.)
9.4 m (30.8 ft.)
3.0 m (9.8 ft.)
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3.7 m (12.1 ft.)
6.0 m (19.7 ft.)
15.7 m (51.5 ft.)
3.0 m (9.8 ft.)
60
5.2 m (17.1 ft.)
6.4 m (21.0 ft.)
18.0 m (59.1 ft.)
3.0 m (9.8 ft.)
90
6.7 m (22.0 ft.)
5.8 m (19.0 ft.)
18.3 m (60.0 ft.)
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9.12.9 Number of Vehicle Parking Stalls Required:
a. The minimum number of off-street parking stalls required for each use of a building or
development is specified in Table 9.12.1.
b. Where a building is enlarged, or altered, or a change in the use occurs in such a manner
as to cause a more intensive use of that building, provisions shall be made for the
additional parking spaces required under the Bylaw.
c. The Development Authority may vary the amount of required on-site parking if a change
in use is proposed and where there is insufficient land area on the lot for any required
additional parking.
d. Calculations for the minimum number of off-street parking stalls required for a
development showing in Table 9.12.1 shall consider the following:
i.
GFA is defined as the gross floor area of the building;
ii.
units are the number of individual dwelling units in a dwelling;
iii.
occupancy values, such as hospital beds or chairs in an assembly space or
restaurant, are based on the information provided in the development permit
application, which shall comply with the Alberta Building Code and the Alberta
Fire Code;
iv.
where a number of parking stalls is required for each employee, the
requirement refers to the maximum number of employees on site during peak
working hours;
v.
uses within a shopping centre shall not be calculated on a separate basis, but
rather in accordance with the provisions of Table 9.12.1; and
vi.
developments containing outdoor uses shall be calculated to include those
outdoor uses.
e. Where the calculation of the required number of parking stalls or loading spaces results
in a fraction number of parking spaces, the next higher number shall be taken.
f.
Where a development falls within two or more of the categories listed in this section, it
shall comply with parking regulations as follows:
i.
where distinct components of a development have different uses, such as with
a mixed-use development, parking requirements will be based on the total area
in each use;
ii.
where a development or part of a development can be defined under multiple
categories in Table 9.12.1, the highest requirement shall be used; and
iii.
provisions for shared parking for uses on the same parcel are outlined in Section
9.12.7.
g. Parking stall requirements for uses other than those set out in this Section shall be
determined by the Development Authority, having regard to similar uses for which
specific parking stall requirements are set.
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h. Visitor or guest parking stalls shall be clearly visible from the entrance to the
development or identified using wayfinding signage visible from the entrance and
should be clearly marked as visitor or guest parking.
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Table 9.12.1: Parking Requirements
USE
REQUIRED PARKING
Adult Entertainment Facility
10 stalls/100 m2 GFA or 1 stall/4 seating spaces, at
the discretion of the Development Authority
Assembly areas (including Community Hall; Religious Assembly)
10.0 stalls/100 m2 GFA or 1 stall/4 seating spaces,
at the discretion of the Development Authority
Automotive Service Station
2.0 stalls/100 m2 GFA
Bunkhouse
1.0 stall/room
Campground (all)
1.0 stalls/campsite (10% as visitor parking,
minimum 1 stall)
Caterer
2.5 stalls/100 m2 GFA
Cemetery
At the discretion of the Development Authority
Clinic
4.0 stalls/100 m2 GFA
Contracting Services (all)
2.5 stalls/100 m2 GFA
Crematorium
At the discretion of the Development Authority
Day Care Facility
1.0 stall/5 children plus 1 stall/staff
Depot (all)
1.0 stall/vehicle stored plus parking as required for
other uses (e.g., office, retail)
Drinking Establishment
1.0 stall/4 seats (minimum 3 stalls)
Dry Cleaning and Laundry Facility
2.0 stalls/100 m2 GFA
Dwelling/Residential Units
Dwelling, Apartment
1.0 stall/unit (bachelor/1 bedroom units)
plus 1.5 stalls/unit (2 bedroom units)
plus 2.0 stalls/unit (3+ bedroom units)
plus 0.15 stalls/unit as visitor parking
Manufactured Home Community
2.0 stalls/unit plus 0.15 stalls/per unit as visitor
parking
Bed and Breakfast Facility; Boarding or Rooming House
1.0 stall/guest room plus 1 stall/non-resident on-
site employee
Caretaker's Residence; Secondary Suite
1.0 stall/bedroom to a maximum of 2 stalls
Senior Citizen Housing
2.0 stalls/3 units
Other Dwelling types
2.0 stalls/unit
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Table 9.12.1: Parking Requirements
USE
REQUIRED PARKING
Entertainment Facility
5.0 stalls/alley (bowling alley)
6.0 stalls/sheet of ice, plus 10 stalls/100 m2 GFA or
1.0/4 seating spaces in seating area (curling rink)
10 stalls/100 m2 GFA (all others)
Funeral Home
At the discretion of the Development Authority
Gaming or Gambling Establishment
30.0 stalls/100 m2 GFA
Gas Bar
3.0 stalls/fuel pump plus 2.7 stalls/100 m2 for all
other uses
Golf Course
5.0 stalls/course hole plus parking for accessory
uses
Government Service
4.0 stalls/100 m2 GFA (post office)
At the discretion of the Development Authority (all
others)
Group Care Facility
0.2 stalls/bed plus 0.8 stall/staff
Home Occupation, Minor
1.0 stall for client visits (in addition to the required
parking for residential use)
Home Occupation, Major
1.0 stall/non-resident on-site employee, minimum
1.0 stall for client visits at the discretion of the
Development Authority, (in addition to required
parking for residential use)
Hospital
2.0 stalls/3 beds plus 1.0 stall/staff
Hotel
1.0 stall/room plus 1.0 stall/3 staff
Industry/Manufacturing (all types, including Asphalt Plant; Concrete
Manufacturing Plant; Crushing Plant; Petroleum Facility; Propane
Transfer Facility; Recycling Depot; and Salvage Yard)
1.4 stalls/100 m2 GFA plus visitor parking as
determined by the Development Authority
Library
2.5 stalls/100 m2 GFA (not including assembly
areas)
Museum
2.5 stalls/100 m2 GFA (not including assembly
areas)
Office (including Bank/Financial Institution and ancillary office space
in other uses at the discretion of the Development Authority)
2.5 stalls/100 m2 GFA
Park
At the discretion of the Development Authority
Personal Service Shop (including Laundromat)
2.5 stalls/100 m2 GFA
Protective and Emergency Services
At the discretion of the Development Authority
Recreation Facility
10.0 stalls/100 m2 GFA
Restaurant
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Table 9.12.1: Parking Requirements
USE
REQUIRED PARKING
Restaurant, Drive-Through; Restaurant, Takeout/Delivery
2.5 stalls/100 m2 GFA
Restaurant, Licenced; Restaurant, Unlicensed
1.0 stall per 3 seats (minimum 3)
Retail Store (including Automotive Supply Store)
3.5 stalls/100 m2 GFA
Retail Store, Liquor
4.0 stalls/100 m2 GFA
Sales, Service, Storage, Rentals, and Repair (includes Automotive
Repair Garage; Automotive/Recreational Vehicle Sales and Rental;
Heavy Equipment Sales, Service, Storage, and Rentals; Light
Equipment Sales, Service, and Rentals)
2.0 stalls/100 m2 GFA
School
School, Public/Separate
1.15 stalls/staff or 10 stalls/100 m2 of gymnasium
floor area, at the discretion of the Development
Authority (elementary/junior high schools)
0.5 stalls/student plus 1.0 stall/staff or 10
stalls/100 m2 of gymnasium floor area, at the
discretion of the Development Authority (high
schools)
School, Trade/Commercial
0.8 stalls/student plus 1.0 stall/staff
Shopping Centre
4.5 stalls/100 m2 GFA
Social Care Facility
0.2 stalls/bed plus 0.8 stall/staff
Storage (all)
1.1 stalls/100 m2 GFA up to 2,000 m2 and 0.2
stalls/100 m2 GFA thereafter (indoor)
5.0 stalls/ha of outdoor storage area (outdoor)
Supermarket
4.0 stalls/100 m2
Theatre (all)
10.0 stalls/100 m2 GFA or 1 stall/4 seating spaces,
at the discretion of the Development Authority
Veterinary Clinic
4.0 stalls/100 m2 GFA
Warehouse Store
4.5 stalls/100 m2 GFA
Washing Facility (all)
2.0 stalls/100 m2 GFA
9.13 On-Site Loading Requirements
9.13.1 The required number of on-site loading spaces is provided in Table 9.13.
9.13.2 Where a development falls within two or more of the uses listed in this Section, the
required number of spaces shall be the sum of the requirements for each of the uses.
9.13.3 Notwithstanding 9.12.9 (a), uses within a shopping centre shall not be calculated on a
separate basis, but rather at the discretion of the Development Authority.
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9.13.4 A loading space shall be designed and located so that all vehicles using that space can
be parked and manoeuvred entirely within the bounds of the site without backing to or
from adjacent streets.
9.13.5 A loading space situated within a setback distance from a street or lane shall not be
counted for the purposes of this section.
9.13.6 Loading spaces shall be located to the side or rear of a building and shall be screened in
a complimentary finish to the principal building in accordance with the provisions of
Section 9.8.
9.13.7 A loading space shall have:
a. A minimum width of 3.3 m (9.8 ft.);
b. A minimum depth of 9.1 m (29.9 ft.); and
c. A minimum overhead clearance of 4.3 m (14.1 ft.).
9.13.8 Minimum loading space dimensions may be changed at the discretion of the
Development Authority to consider the types of vehicles that are likely to use the
loading space.
9.13.9 For multi-unit residential dwellings with more than twenty (20) units, adequate loading
space shall be provided to the satisfaction of the Development Authority.
9.13.10 Loading space requirements for uses other than those set out in this section shall be
determined by the Development Authority, having regard to similar uses in Table 9.13.
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TABLE 9.13: REQUIRED NUMBER OF LOADING SPACES
USE OF BUILDING OR SITE
NUMBER OF LOADING SPACES
Clinic or Hospital
1 space
Community Hall
1 space
Funeral Home
1 space
Hotel
1 space
Hospital
1 space/1000 m2 GFA
Industry/Manufacturing
1 space/2000 m2 GFA
Institutional use or Public Use
1 space
Office
1 space
Recreation Facility
1 space
Restaurant
1 space
Retail
1 space
Shopping Centre
1 space/1000 m2 GFA
Warehouse
1 space/2000 m2 GFA
9.14 Access to Sites
9.14.1 All access locations and curb crossings shall be designed and constructed in accordance
with Town of Fox Creek engineering and transportation standards and require the
approval of the Development Authority.
9.14.2 All sites shall be designed so that backing manoeuvres necessary to access a parking
stall, a loading door, a drive-through or any other area where vehicles operate, take
place wholly on the site. Exceptions are single detached dwellings and individual parking
stalls accessing a lane.
9.14.3 Sites shall be designed to allow appropriate access for emergency service vehicles to all
buildings and emergency service infrastructure on site.
9.14.4 Driveways shall be hard surfaced if access is from a street which is hard surfaced, except
in industrial designated parcels, at the discretion of the Development Authority.
a. Industrial Designated parcels shall hard-surface the apron of the driveway onto their
parcel, and
b. Industrial parcels shall hard surface their parcel's entire front yard setback except for
the soft landscaped area(s) for trees and shrubs.
c. Soft Landscaping
i.
Shall be at the discretion of the Development Authority, and include a
minimum planting in the front yard including the following
Property Size
Minimum Planting
< 10 Acres (less than)
2 Trees & 6 Shrubs
≥ 10 Acres (equal to or greater than)
6 Trees & 10 Shrubs
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ii.
The Location of the planting shall be indicated on the development permit
application site plan, and include,
a. A description of the trees, and shrubs to be planted, and
b. the location of the plantings.
9.14.5 In addition to provisions in Section 11.4, for drive-through uses in which patrons
generally remain in their vehicles, queuing space shall be provided as follows:
a. For drive-through food services, and other developments having a service window, a
minimum of four (4) inbound queuing spaces shall be provided for each service
window;
b. For drive-through vehicle services, a minimum of one (1) inbound queuing spaces
shall be provided for each service bay;
c. A minimum of one (1) outbound queuing space shall be provided prior to exiting into
any public roadway;
d. Each queuing space shall be a minimum of 6.5 m (21.3 ft.) long and 3.0 m (9.8 ft.)
wide; and
e. Queuing lanes shall provide sufficient space for turning and maneuvering.
The remainder of this page intentionally left blank.
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General Provisions in Residential Districts
10.1 Applicability to Districts
10.1.1 In addition to the Provisions in Part 9, this Part shall apply to all residential Land Use
Districts under this Bylaw.
10.2 Accessory Residential Buildings and Structures
10.2.1 All accessory residential buildings and structures must meet the provisions of the
Alberta Safety Codes Act.
10.2.2 Where a structure is attached to the principal building on a parcel by a roof, an open or
enclosed structure, a floor or a foundation, it is to be considered as part of the principal
building and not as an accessory residential building and shall, therefore, adhere to the
lot coverage and setback requirements for the principal buildings as specified in the
Land Use Districts.
10.2.3 Accessory residential buildings and structures include garages, detached carports,
sheds, and storage buildings.
10.2.4 An accessory residential building or structure may be erected only after the principal
building has been completed on the same parcel.
10.2.5 An accessory residential building shall not exceed one (1) storey nor 5.5 m (18.0 ft.) in
height from the inside wall grade to the top of the roof and shall not exceed the height
of the principal dwelling.
10.2.6 No accessory residential building shall exceed 70.0 m2 (753.5 ft. 2) in area and no wall
shall exceed 9.75 m (32.0 ft.) in length.
10.2.7 Notwithstanding Section 10.2.5 and 10.2.6 above, the total combined floor area of all
accessory buildings combined shall not exceed 10% of the site area.
10.2.8 No accessory residential building or any portion thereof shall be erected or placed
within the front yard of any parcel.
10.2.9 Accessory residential buildings and structures are subordinate to the principal
use/building on the parcel and so the site layout shall ensure that the principal building
is the dominant building on-site.
10.2.10 No accessory residential building or structure shall be located on or over an easement
or utility right-of-way unless authorized by the Development Authority.
10.2.11 Notwithstanding Sections 10.3 and 10.4 of this Part, an accessory residential building or
any portion thereof may be erected or placed on the rear or side parcel boundary
common to two (2) parcels provided the accessory building serves the two abutting
parcels. The Development Authority shall, as a condition of approving this type of
development, require the owners to register against both titles a Party Wall Agreement.
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10.3 Siting of Accessory Residential Buildings and Structures for Internal Lots
10.3.1 Provided that no encroachment of any part of a building is onto a public utility lot (PUL),
easement or adjacent property maintenance easement, detached garages and carports
shall be located as follows:
a. A minimum of 1.5 m (5.0. ft.) from the principal dwelling, provided that both buildings
have met the requirements of the Alberta Safety Codes Act, and any amendments made
from time to time; and
b. No closer than 1.0 m (3.3 ft.) from the side property line and no closer than 0.6 m (1.9
ft.) from the rear property line.
10.4 Accessory Residential Building or Structure for Corner and Double Fronting Lots
10.4.1 Provided that no encroachment of any part of a building is onto a public utility lot (PUL),
easement or property maintenance easement, detached garages and carports shall be
located as follows:
a. A minimum of 1.5 m (5.0 ft.) from the dwelling, provided that both buildings have met
the requirements of the Alberta Safety Codes Act, and any amendments made from
time to time;
b. No closer than 1.0 m (3.3 ft.) from the interior side property line and 0.6 m (1.9 ft.) from
the rear property line; and
c. An accessory residential building or structure located on a corner or double fronting lot
shall be no closer to the exterior property boundary than the minimum yard setback of
the principal building and be no closer than 1.0 m (3.3 ft.) from the interior side parcel
boundary.
10.5 Dwelling Units on a Parcel
10.5.1 The number of dwelling units permitted on a parcel shall be one (1), except:
a. In a dwelling designed for, or divided into, two (2) or more dwelling units and located in
a Land Use District which permits multiple units;
b. In a single detached dwelling with an approved secondary suite under Section 10.9 of
this Part;
c. A manufactured home forming part of a manufactured home park or work camp for
which a development permit has been issued; or
d. A parcel that is the subject of an approved condominium plan registered with Alberta
Registries as defined in the Alberta Condominium Property Act.
10.6 Private Swimming Pools and Hot Tubs
10.6.1 Notwithstanding Part 6, Section 6.3.1 (l) the following provisions apply to private
swimming pools and hot tubs:
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a. Every swimming pool and hot tub shall be secured against entry by the public other than
owners, tenants or their guests;
b. No privately owned outdoor swimming pool or hot tub shall be constructed unless
fenced; except that a wall of a building may be considered to provide adequate
protection for its length when substituted for any portion of the fence;
c. Every fence enclosing an outdoor swimming pool or hot tub shall be at least 1.5 m (4.9
ft.) in height above the grade outside the enclosure and shall be of approved design
such that it will deter children from climbing over or crawling through or under it to gain
access. Gates in the fence shall provide protection equivalent to the fence and shall be
equipped with a self- latching device located on the inside of the gate;
d. Pool water shall be treated in accordance with Alberta Health regulations;
e. Outdoor swimming pools and hot tubs shall not be located in the front yard;
f. Outdoor swimming pools and hot tubs shall not be located within the rear and side yard
setback requirement of the applicable district; and
g. Outdoor pools and hot tubs shall not be located where an easement or right-of-way
exists and shall be setback 0.5 m (1.6 ft.) from the easement/right-of-way.
10.7 Bed and Breakfast Facility
10.7.1 In addition to an approved development permit, all persons operating bed and
breakfast facilities require a business licence and must provide evidence of compliance
with municipal, provincial and/or federal regulations regarding their operation.
10.7.2 A bed and breakfast facility is an accessory use to a principal residential use of a single
detached dwelling.
10.7.3 The privacy and enjoyment of adjacent residences shall be preserved, and the amenities
of the neighbourhood always maintained.
10.7.4 The accommodation shall be limited to a maximum of four (4) sleeping rooms and a
maximum of eight (8) guests permitted at any one time.
10.7.5 No cooking facilities are provided in guest rooms.
10.7.6 Interior or exterior alterations, additions, or renovations to accommodate a bed and
breakfast facility may be allowed provided such alterations, additions or renovations
maintain the principal residential appearance or character of the dwelling and comply
with this Bylaw, the Safety Codes Act, and any other Town's bylaws.
10.7.7 A bed and breakfast facility shall be operated only by the permanent resident(s) of the
principal dwelling and one (1) non-resident employee on-site.
10.7.8 The maximum rental period per stay is fourteen (14) days.
10.7.9 A bed and breakfast facility shall not be permitted within the same principal dwelling
that contains a major home occupation or a boarding or rooming house.
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10.8 Boarding and Rooming Houses
10.8.1 In addition to an approved development permit, all persons operating a boarding or
rooming house shall require a business licence and must provide evidence of
compliance with municipal, provincial, and federal regulations regarding their operation.
10.8.2 A boarding or rooming house may only be permitted in a single detached dwelling.
10.8.3 No other uses shall be permitted on a parcel where a boarding or rooming house exists.
10.8.4 A boarding or rooming house shall be operated only by the permanent resident(s) of the
principal dwelling and one (1) non-resident employee on-site.
10.8.5 No guest rooms are permitted to have separate cooking facilities.
10.9 Secondary Suites
10.9.1 The following general provisions shall apply to Secondary Suites as follows:
a. No secondary suite shall be constructed or occupied without an approved development
permit;
b. A maximum of one (1) secondary suite may be permitted per single detached or duplex
dwelling;
c. Secondary suites shall be restricted to single detached and duplex dwellings, or within
an accessory building on the same lot as single detached or duplex dwellings;
d. Secondary suites shall maintain an appearance compatible with the surrounding
neighbourhood. Where located within the primary building, a secondary suite shall be
integrated into the design of the building, such that the building retains the appearance
of a single detached or duplex dwelling;
e. A secondary suite shall not be located on the same lot as a bed and breakfast facility,
boarding or rooming house, group care facility, or Home Occupation, Major;
f. A secondary suite shall comply with the Safety Codes Act, the Alberta Building Code and
all other applicable municipal, provincial and federal regulations;
g. The gross floor area of a secondary suite shall be a minimum of 30.0 m2 (322.9 ft.2) but
shall not exceed 40% of the total floor area of the principal building on the lot;
h. Parking shall be provided according to the provisions of Table 9.12.1 Number of Vehicle
Parking Stalls Required; and
i.
A secondary suite shall have full utility services through service connections from the
principal residence.
10.9.2 Where located within the same building as the primary dwelling unit, a secondary suite
shall comply with the following provisions:
a. A principal building containing a detached dwelling with a secondary suite may not be
converted into condominiums. Ownership of a property containing a secondary suite
must be an undivided fee simple;
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b. The secondary suite shall have 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; and
c. Exterior access to the secondary suite shall be subordinate in both size and appearance
to the access of the primary dwelling unit.
10.9.3 Where located within an accessory residential building, a secondary suite shall comply
with the following provisions:
a. Except where otherwise regulated in this Section, accessory buildings containing
secondary suites shall comply with the regulations of Sections 10.2, 10.3 and 10.4
regarding accessory residential buildings and structures;
b. Secondary suite access and windows shall be sized and oriented to minimize visibility
into adjacent properties, and/or screened to mitigate such visibility, to the satisfaction
of the Development Authority;
c. Secondary suites shall not exceed one (1) storey nor 5.5 m (18.0 ft.) in height from the
inside wall grade to the top of the roof, and shall not exceed the height of the principal
dwelling; and
d. Notwithstanding Sections 10.3 and 10.4, accessory buildings containing secondary
suites shall be set back a minimum of 1.2 m (4.0 ft.) from the side and rear lot lines and
shall be separated from any other structure on the site by a minimum of 2.0 m (6.6 ft.).
10.10
Home Office and Home Occupation Standards
10.10.1 A home office shall comply with the following regulations:
a. A home office shall be operated as an accessory use only and shall not change the
principal character and external appearance of the dwelling in which it is located;
b. The home office shall be operated by the permanent resident(s) of the principal
dwelling and shall not employ any non-resident, on-site employees;
c. There shall be no home business clients or customers on site at any time and the
business shall not generate client or customer, pedestrian or vehicle traffic; and
d. No storage, signage, or vehicles associated with the business are permitted.
10.10.2 A Home Occupation, Minor, shall comply with the following regulations:
a. The total number of Home Occupations, Minor, on a property may be limited to one (1)
Home Occupation, Minor. Additional Home Occupation, Minor, businesses may be
permitted at the Development Authority's discretion, provided that the business will not
have an impact on the surrounding neighbourhood.
b. A Home Occupation, Minor, shall be restricted to single detached and duplex dwellings;
c. A Home Occupation, Minor, shall be operated as an accessory use only and shall not
change the principal character and external appearance of the dwelling in which it is
located;
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d. The Home Occupation, Minor, shall be operated by the permanent resident(s) of the
principal dwelling and shall not employ non-resident, on-site employees;
e. The Home Occupation, Minor, shall not occupy more than 20% of the gross floor area of
the principal dwelling, and shall not occupy any portion of an accessory building on the
lot;
f.
No exterior signage is permitted;
g. The Home Occupation, Minor, shall have no more than one (1) home business vehicle
used in conjunction with the home business, parked and maintained on the site;
h. A Home Occupation, Minor, shall not generate traffic that will have a significant impact
on the traffic flow of the neighbourhood;
i.
No more than five (5) customer/client visits are permitted to the residence per day;
j.
Any storage of materials or goods related to the Home Occupation, Minor, must be
located within the principal dwelling. No exterior storage is permitted;
k. The minimum number of off-street parking stalls required for a Home Occupation,
Minor, is specified in Table 9.12.1;
l.
A Home Occupation, Minor, shall not be approved if, in the opinion of the Development
Authority, the business is more appropriately located in a Commercial District; and
m. A Home Occupation, Minor, shall not operate without a business licence from the Town.
10.10.3 A Home Occupation, Major, shall comply with the following regulations:
a. The total number of Home Occupations, Major, on a property shall be limited to one (1)
Home Occupation, Major;
b. A Home Occupation, Major, shall be restricted to single detached and duplex dwellings,
or within an accessory building on the same lot as single detached or duplex dwellings;
c. A Home Occupation, Major, shall be operated as an accessory use only and shall not
change the principal character and external appearance of the dwelling or accessory
building in which it is located;
d. A Home Occupation, Major, shall be operated by the permanent resident(s) of the
principal dwelling, and may not employ more than two (2) non-resident on-site
employees;
e. The Home Occupation, Major, shall not occupy more than 30% of the gross floor area of
the principal dwelling plus the area of one (1) accessory structure;
f.
One (1) non-illuminated fascia sign or nameplate to identify a Home Occupation, Major,
not greater than 0.3 m2 (3.2 ft.2) in an area placed within or flat against the dwelling unit
or any accessory building is permitted;
g. The Home Occupation, Major, shall have no more than two (2) home business vehicles
used in conjunction with the home business, parked and maintained on the site;
h. The minimum number of off-street parking stalls required for a Home Occupation,
Major, is specified in Table 9.12.1;
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i.
Notwithstanding Section 10.10.3 (g) above, home occupation shall not have commercial
vehicles parked and maintained on the site greater than 4,000 kg (8,800 lbs), loaded or
unloaded;
j.
A Home Occupation, Major, shall not generate traffic that will have a significant impact
on the traffic flow of the neighbourhood;
k. A Home Occupation, Major, shall not be approved if, in the opinion of the Development
Authority, the business is more appropriately located in a commercial or industrial
District;
l.
No noise, dust, vibration, smoke, odours, heat, glare, or other nuisances detectable
beyond the property boundary shall be produced by the home occupation. The Home
Occupation, Major, shall not impact the privacy and enjoyment of neighbouring
residences;
m. The Development Authority may regulate the hours of operation as a condition of the
development permit;
n. Any storage of materials or goods related to the Home Occupation, Major, must be
located within the principal dwelling and/or accessory structure. No exterior storage is
permitted;
o. Development permits for Home Occupations, Major, may be issued as a temporary
permit for one (1) year, to be reissued annually, at the discretion of the Development
Authority;
p. A development permit may be revoked with sixty (60) days' notice if, in the opinion of
the Development Authority, the operator of the Home Occupation, Major, has violated
any provisions of this Bylaw or conditions of the development permit; and
q. A Home Occupation, Major, shall not operate without a business licence from the Town.
10.10.4 The following uses may not be permitted as a home occupation:
a. Adult entertainment facilities;
b. Industry/manufacturing;
c. Automotive, heavy equipment or recreational vehicle sales, rentals, services, storage or
repairs; or
d. Storage of hazardous, noxious, or dangerous goods.
10.11
Landscaping in Residential Districts
10.11.1 As a condition of a development permit, all landscaping and planting required must
comply with an approved landscaping plan and be carried out to the satisfaction of the
Development Authority by the end of the first full growing season following building
completion or occupancy, whichever occurs first. The plantings must be maintained in
good condition to the satisfaction of the Development Authority for a minimum of three
years.
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10.11.2 As a condition of a development permit, security for landscaping costs may be required
under Section 6.7.3.
10.11.3 Multi-unit residential dwellings shall be landscaped as follows:
a. One (1) tree for each 35.0 m2 (376.7 ft.2) and one (1) shrub for each 15.0 m2 (161.5 ft.2)
of landscaped area;
b. The number of trees may be reduced by 50% by replacing each tree with two (2) shrubs;
c. The location and spacing of trees and shrubs shall be to the satisfaction of the
Development Authority; and
d. Trees and shrubs shall be planted in the landscaped area within private property.
10.11.4 Off-street parking lots for apartment developments shall be landscaped as follows:
a. Trees shall be provided in the amount of at least one tree for every 75 m2 (807.3 ft.2) of
parking lot area; and
b. Trees shall be of a type and size approved by the Development Authority.
10.12
Objects Prohibited or Restricted in Residential Yards
10.12.1 In addition to provisions in Section 9.10.1, the following apply:
a. No person shall keep or permit in any yard any object or material which, in the opinion
of the Development Authority is unsafe, unsightly or adversely affects the amenities of
the District. This includes but is not limited to dismantled or wrecked motor vehicles,
and any excavation, stockpiling or storage of materials, explosives, flammable liquids,
toxic chemicals, diesel fuel and gasoline products.
b. A recreational vehicle or utility trailer may be kept in a side or rear yard provided it
meets the setback requirements for accessory buildings and structures in that District,
unless the recreational vehicle or utility trailer is less than 2.43 m (8.0 ft.) in height, then
the required setback is zero.
c. No occupant of a principal dwelling in a residential District shall permit a recreational
vehicle on the lot to be used for living or sleeping accommodation for longer than a
fourteen (14) day period per annum.
d. A motor vehicle shall not be parked in a front yard except on a driveway.
e. Unless otherwise approved by the Development Authority, in the districts where they
are listed as either a Discretionary or Permitted Use, temporary buildings are not
allowed.
10.13
Residential Recreational Vehicle Parking Pad
An area in a front yard setback to be used for the parking of a recreational vehicle as defined.
A Recreational Vehicle Parking Pad may be constructed in the front yard setback in single family
dwelling designated residential districts provided that a minimum of 40% of the front yard
remains in soft landscaping.
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The parking pad may be constructed of pavement, concrete, brick, or permeable materials
including gravel, and pavement millings, but not grass or bare earth at the discretion of the
development authority.
The parking pad must be maintained so that it does not become unsightly and/or untidy
including ruts, and vegetation growth. Any permeable materials used must not spill out onto the
sidewalk and/or the abutting roadway.
A parking pad does not act as a replacement for a required driveway.
10.14
Existing Non-Hard Surface Driveways:
10.14.1 A driveway that is not hard surfaced and is pre-existing may remain as built provided
that:
a. there is no existing development requirement for the property's driveway and
b. that the driveway is not unsightly and /or untidy including ruts and vegetation growth.
c. The driveway material does not spill out onto the sidewalk and/or the abutting
roadway.
10.14.2 Where there is a significant new development on a property such as the construction of
a garage, carport, habitable room additions, or reconstruction of the home that was
destroyed beyond 75% above the foundation, a driveway shall be constructed to comply
with the current Land Use Bylaw.
10.15
Projections into Residential Minimum Yard Setbacks
10.15.1 Projections that are on foundation walls and footings or are on a grade beam/pile
system are deemed to be part of the building and shall not be considered a projection.
10.15.2 Except as provided in this section, no portion of a principal building may project over, or
onto, a front yard setback, side yard setback, or rear yard setback.
10.15.3 No portion of a structure or building shall project into a public or private right-of-way,
and to do so will require an agreement with the City or owner of the right-of-way.
10.15.4 For zero lot line developments such as multi-unit residential dwellings, balconies and
decks may be extended to the lot line or common wall, provided that the common wall
is extended for separation/privacy.
10.15.5 The individual encroachment maximum length shall not exceed 3.0 m (9.8 ft.).
10.15.6 Projections into yard setbacks shall be in accordance with the Districts parcel coverage
requirements.
10.15.7 At the discretion of the Development Authority, projections in Table 10.13 into required
front, side and rear yard setbacks in Residential Land Use Districts may be permitted.
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TABLE 10.13: PROJECTIONS INTO RESIDENTIAL MINIMUM SIDE YARDS
a. All Yards:
Patios at grade level
Unlimited
Fences having a maximum height of 1.2 m (4.0 ft.) unless
the site is a corner or double fronting lot whereby Section
9.6.1 applies.
Unlimited
Eave/overhangs of principal buildings or accessory buildings
1.0 m (3.3 ft.)
Chimneys, box-outs, cantilevers or any other enclosed
projection of a building area
1.0 m (3.3 ft.)
Solar collectors from the surface of the wall
0.6 m (2.0 ft.)
b. Front Yard:
Steps/Stairs/Ramps
3.0 m (9.8 ft.)
Porches, balconies and patios (above grade) and
unenclosed decks (uncovered)
2.0 m (6.6 ft.)
Canopies, eaves, box-outs, sunshades, ramps, chimneys,
gutters, sills, steps/stairs, and cantilevers.
1.0 m (3.3 ft.)
c. Side Yards:
Patios and unenclosed decks (uncovered), the finished
surface of which is not more than 0.6 m (2.0 ft.) above
grade
Half (1/2) the minimum required yard
Landings (unenclosed), balconies, steps/stairs in exterior
side yards only
1.0 m (3.3 ft.)
Landings (unenclosed), balconies, steps/stairs in interior
side yards only
0.6 m (2.0 ft.)
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d. Rear Yard:
Patios and decks (unenclosed), and verandas the finished
surface of which is not more than 0.6 m (2.0 ft.) above grade
Half (1/2) the minimum required yard
Balconies, decks (unenclosed) the finished surface of which is
more than 0.6 m (2.0 ft.) but less than or equal to 1.8 m (6.0
ft.) above grade
3.0 m (9.8 ft.)
Balconies and decks (unenclosed) where the finished surface
is more than 1.8 m (6.0 ft.) but less than or equal to 3.8 m
(12.4 ft.) above grade
2.0 m (6.6 ft.)
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Balconies and decks (unenclosed) where the finished surface
is more than 3.8 m (12.4 ft.) above grade
1.5 m (4.9 ft.)
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General Regulations in Non-Residential Districts
11.1 Applicability
11.1.1 In addition to the Provisions in Part 9, this Part shall apply to all non-residential Land Use
Districts. This part shall apply to all non-residential Land use Districts under this Bylaw.
11.2 Accessory Non-Residential Buildings & Structures
11.2.1 All accessory non-residential buildings or structures must meet the provisions of the
Alberta Safety Codes Act.
11.2.2 Where a non-residential structure is attached to the principal building by a roof, an
open or enclosed structure, a floor or a foundation, it is to be considered as part of the
principal building and not as an accessory building.
11.2.3 Accessory non-residential buildings and structures are subordinate to the principal
use/building on the parcel and so the site layout shall ensure that the principal building
is the dominant building on-site.
11.2.4 An accessory non-residential building or structure may be erected only after the
principal building has been completed on the same parcel.
11.2.5 No accessory non-residential building or structure or any portion shall be erected or
placed within the front yard of any parcel.
11.2.6 No accessory non-residential building or structure shall be located on or over an
easement or utility right-of-way unless authorized by the Development Authority.
11.2.7 Non-residential accessory buildings or structures are subject to the development
regulations for that District.
11.2.8 Accessory non-residential buildings or structures on a site in a non-residential District
which abuts a site in a residential District shall not be less than 1.5 m (4.9 ft.) from the
boundary line of the site in the residential District.
11.2.9 An accessory non-residential building or any portion thereof may be erected or placed
on the rear or side parcel boundary common to two (2) parcels provided the accessory
building serves the two abutting parcels. The Development Authority shall, as a
condition of approving this type of development, require the owners to register against
both titles a Party Wall Agreement.
11.2.10 An accessory non-residential building or structure located on a corner or double
fronting lot shall be no closer to the exterior property boundary than the minimum yard
setback of the principal building.
11.3 Adult Entertainment Facility
11.3.1 No person shall establish an Adult Entertainment Facility within 250.0 m (820.2 ft.) of
an:
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a. Adult Entertainment Facility;
b. Residential District;
c. Dwelling, multi-residential building within a Commercial District;
d. Public/Separate School;
e. Day Care Facility;
f. Religious Assembly;
g. Social Care Facility or Group Care Facility;
h. Recreation Facility; or
i.
Public park, playground, municipal reserve or municipal building.
11.4 Drive - Throughs
11.4.1 Businesses with drive-throughs must:
a. Fence and screen any drive through aisles that are adjacent to a residential District;
b. Fence any drive through aisles, where necessary, to prevent access to a lane or street;
c. Provide vehicle queuing and parking in accordance with Section 9.14.5 of this Bylaw;
d. Be separated from a residential District by a building if outdoor speakers are included;
e. Provide a separation of 23.0 m (75.5 ft.) from the lot line of a residential District and any
outdoor speakers;
f. Not have any drive-through aisles in a setback area; and
g. Provide safe pedestrian access into the premises where a pedestrian sidewalk crosses a
drive-through aisle.
11.4.2 The volume of any outdoor speaker shall be to the satisfaction of the Development
Authority.
11.5 Caretaker Residence or Security Suite
11.5.1 A Caretaker Residence/Security Suite May be
a. A part of the principal building or
b. a secondary structure to the principal building
11.5.2 Caretaker Residence/Security Suite requires the issuance of a development permit.
11.5.3 Only one residence/suite shall be permitted per site.
11.5.4 Where the residence/suite is older than 10 years, a picture of the building will be
required to assess its suitability for the area.
11.5.5 A secondary structure shall be self-contained so that grey water and other wastes are
contained within it, or it shall be connected to the approved utility service for the
principal building.
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11.5.6 Where the secondary structure is a Modular/Manufactured Home, it shall meet the
requirements of Section 12.7 Residential Modular/Manufactured Home Subdivision.
11.6 Communication Towers
11.6.1 An antenna and supporting structure for the following uses are discretionary and
require a development permit in all Districts:
a. Radio and television transmission;
b. Two-way radio;
c. Cellular carriers;
d. Land-mobile systems; and
e. Fixed point microwave.
11.6.2 Unless demonstrated to be impractical, transmission antennae shall be mounted on
existing structures, including buildings or towers, or within transportation and utility
corridors.
11.6.3 The visual impacts of transmission towers must be mitigated through landscaping
and/or fencing.
11.6.4 Sites for commercial communication towers shall be fenced with suitable protective
anti-climb fencing as required by the Town.
11.6.5 Communication antennae and structures to be located in all Districts shall obtain a
development permit where they exceed 4.6 m (15.1 ft.) in height from grade.
11.6.6 An application for a development permit shall include a site plan drawn to scale and
identifying:
a. The site boundary;
b. Tower;
c. Guy wire anchors;
d. Existing and proposed structures;
e. Vehicular parking and access;
f. Proposed landscaping;
g. Fencing; and
h. Uses and structures on the site and abutting properties.
11.6.7 The Town shall encourage applicants to consult impacted landowners in the
surrounding area.
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11.7 Industrial Campgrounds
11.7.1 The Development Authority shall consider the design, siting, landscaping, utility
servicing and screening of proposed industrial campgrounds to minimize any
objectionable aspects or incompatibilities such as traffic, outdoor uses, increased noise,
dust, odours, refuse, or any other factors which would interfere with or affect the use
and enjoyment of adjacent land uses.
11.7.2 When considering the development of industrial campgrounds for recreational vehicles,
the following shall be considered:
a. The minimum number of sites shall be eight (8) stalls per campground.
b. Each site intended to accommodate a recreational vehicle shall have:
i.
a minimum site width of 4.9 m (16.1 ft.);
ii.
a minimum site length of 13.7 m (45.0 ft.); and
iii.
the minimum area shall the product of the approved width and length.
c. Roadways within the industrial campground shall be no less than 8.0 m (26.2 ft.) wide,
except for one-way roads which shall be less than 5.0 m (16.4 ft.) wide.
d. All internal roadways shall be constructed to a design standard to meet the needs of
recreational vehicles.
e. A reasonable and adequate pedestrian access network shall be provided within the
industrial campground site.
f.
Each site and periphery of the industrial campground shall be landscaped to provide
amenity and privacy areas for each site, buffers from adjacent property uses and
internal roadways, and on-site aesthetics.
g. Each site shall be serviced with water, sewer and electricity.
h. Each site shall have a gravel pad for parking of recreational vehicles, and accessory
vehicle.
i.
Sites shall have access to one large bear proof garbage container with a minimum
weekly garbage pickup.
j.
The industrial campground shall have proper lighting and signage for safety and
directions to the satisfaction of the Development Authority.
k. A fire hydrant shall be required for each industrial campground to the specifications and
standards of the Town.
11.8 Industrial Campground/Camp
11.8.1 CAMPGROUND, Work Camps - General
a. A development permit for a work camp shall only be valid for a period of one (1) year from its
date of issuance, at which time an application may be made for a continuance of the
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use. All work camps or project-oriented work camps shall conform to the following:
i. Consist of portable and mobile accommodation units or trailers, with or without
kitchen facilities;
ii. Only work camp staff may be housed on a full-time, ongoing, or permanent
basis;
iii. Have siting of and setbacks from accommodations to the satisfaction of the
Development Authority and consider adjacent land uses and operations.
iv. Reclamation of work campsites must be to a standard satisfactory to Fox Creek.
b. The following standards shall apply to the reclamation of any type of work camp:
c. All garbage, building materials and equipment must be removed from the site; and
d. The site must be adequately levelled and re-contoured; and,
e. The developers of a work camp site will be responsible for weed control on the site for
the duration of the location of the camp and for as long a period as any weed
infestation, attributable to the operator, remains uncontrolled; and,
f.
All disturbed areas must be seeded with a minimum of Certified #1 seed.
11.8.2 Work Camps
a.
These types of work camps are intended as a permanent, ongoing operation
and shall conform to the following:
i.
May operate as third-party rental accommodations to house workers on a
temporary, part-time, or shift-by-shift basis.
11.8.3 Work Camps - Project Oriented
a. These types of work camps include construction camps or work camps that are not
designed to be on the site permanently. A project-oriented work camp shall:
i.
Be occupied by employees, staff or personnel directly related to or employed by
the project for which the work camp was constructed;
ii.
Not be used as third-party rental accommodations; and,
iii.
Require temporary development permits that shall not be issued for a period
greater than twelve (12) months duration, unless a new application for a
development permit is made.
11.9 Cannabis Related Uses
11.9.1 Purpose:
a. To align within or exceed Federal and Provincial legislation regarding cannabis related
uses;
b. To allow for reasonable opportunities for cannabis related uses within the community;
c. To ensure that opportunities for cannabis related uses are balanced with opportunities
for other types of commercial and industrial uses;
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d. To avoid potential for negative perceptions that may be created when there is an over
concentration of clustering of cannabis retail stores in the community; and
e. To limit immediate access and visibility of cannabis related uses from schools and places
where residents may have substance abuse issues.
11.9.2 For the purpose of this Section only:
a. 'Provincial Health Care Facility' means an approved hospital as defined in the Alberta
Hospitals Act;
b. 'Addiction Treatment Facility' means a facility specializing in evaluation and treatment
of drug addiction, alcoholism and associated physical and/or mental disorders. The
facility must offer overnight accommodations to monitor patient health;
c. 'Elementary School' means a school as defined in the Alberta Education Act that
contains grades K to 9 or any combination of grades therein; and
d. 'High School' refers to a school as defined in the Alberta Education Act that contains
grades 8 - 12 or any combination of grades therein.
11.9.3 Retail Store, Cannabis use shall not be located within 100 m of:
a. The boundary of a parcel of land containing a Provincial Health Care Facility;
b. The boundary of a Parcel of land designated as a future Provincial Health Care Facility;
and
c. An Addiction Treatment Facility.
11.9.4 Retail Store, Cannabis use shall not be located within 150 m of:
a. The boundary of a parcel of land containing an elementary school; and
b. The boundary of a parcel of land designated as a future elementary school site. The
separation distances are established by measuring the shortest distance between the
property lines of the parcels containing the uses to be separated.
11.9.5 Retail Store, Cannabis use shall not be located within 300 m of:
a. The boundary of a parcel of land containing a high school; and
b. The boundary of a parcel of land designated as a future high school site. The separation
distances are established by measuring the shortest distance between the property
lines of the parcels containing the uses to be separated.
11.9.6 Notwithstanding, 11.9.4 and 11.9.5, the separation distances between Retail Store,
Cannabis and Schools do not apply within the C-A General Business Land Use, C-1A -
Mixed Use District and C-3 - Highway Commercial Districts.
11.9.7 The Development Authority shall not grant a variance to setbacks from schools or
Provincial Health Care Facilities.
73
11.9.8 Retail Store, Cannabis uses, will be limited based on allowing no more than a maximum
of three (3) Retail Store, Cannabis uses within a 360 m radium surrounding and
including the proposed property. The 360 m radium will be measured from any part of
the property boundary. All lots contained wholly or in part within the 360 m radium will
be included in this calculation.
11.9.9 In addition to 11.9.6 a Retail Store, Cannabis uses within the C-A General Business Land
Use, C-1A -Mixed Use District and C-3- Highway Commercial district will be limited
based on a required minimum separation distance of 180 m between Retail Store,
Cannabis Uses when facing the same street. The separation distances are established by
measuring the shortest distance between property lines of the parcels containing the
uses to be separated.
11.9.10 Cannabis Production and Distribution use shall not be located within 200 m of:
a. A Residential Land Use District;
b. The Boundary of a Parcel of land designated as a future elementary or high school site;
and
c. An Addiction Treatment Facility. The separation distances are established by measuring
the shortest distance between the property lines of the parcels containing the uses to
be separated.
11.9.11 Cannabis Production and Distribution uses must include an air filtration system to
remove odors and must have no odor impact on adjacent properties.
11.9.12 Parking requirements shall lie in accordance with Part 9, Section 9.12 of this Bylaw. The
number of parking stalls required for Retail Store, Cannabis shall be the same as those
for Retail Store, General. The number of parking Stalls required for Cannabis Production
and Distribution uses shall be the same as Manufacturing/Fabrication Plants.
11.9.13 All cannabis related uses must obtain and maintain a valid Town of Fox Creek Business
License.
11.10
Landscaping in Non-Residential Districts
11.10.1 As a condition of a development permit, all landscaping and planting requirements must
be carried out to the satisfaction of the Development Authority by the end of the first
full growing season following building completion or occupancy, whichever occurs first.
The plantings must be maintained in good condition to the satisfaction of the
Development Authority for a minimum of three years.
11.10.2 As a condition of a development permit, security for landscaping costs may be required
under Section 6.7.3.
11.10.3 Additional landscaping requirements for parcels located within the Downtown Overlay
District may be required under Section 13.15.
11.10.4 Commercial and industrial developments shall be landscaped as follows:
74
a. One (1) tree for each 100 m2 (1076.4 ft2) and one shrub for each 15.0 m2 (161.5 ft2) of
landscaped area;
b. Any portion of a site area not occupied by buildings or parking/storage areas shall be
landscaped with hard or soft landscaping;
c. The location and spacing of trees and shrubs shall be to the satisfaction of the
Development Authority;
d. Trees and shrubs shall be planted in the landscaped area within private property;
e. A sufficient depth of topsoil shall be provided to facilitate growth in the soft landscaped
areas, with areas not planted to trees and shrubs being seeded to grass, or sodded to a
turf standard; and
f.
If plantings are used for screening, they shall include a mix of deciduous and coniferous
trees (with at least 60% coniferous trees) that are at least 2.0 m (6.6 ft.) when planted
and at least 6.0 m (19.7 ft.) at maturity.
11.10.5 Off-street parking lots for commercial, and industrial developments shall be landscaped
as follows:
a. Trees shall be provided in the amount of at least one tree for every 175 m2 (1,883.7 ft. 2)
of parking lot area;
b. The trees shall be of a type and size approved by the Development Authority; and
c. Trees required shall be located within the parking area in locations where visibility for
the safe movement of persons and traffic is not impaired.
11.10.6 Institutional developments shall be landscaped to requirements established at the
discretion of the Development Authority.
11.11
Projections into Minimum Yard Setbacks
11.11.1 Except as provided for in this Part, projections that are on foundation walls and footings,
or are on a grade beam/pile system are deemed to be part of the building and shall not
be considered a projection.
11.11.2 Except as provided in this section, no portion of a principal building may project over, or
onto, a front yard setback, side yard setback, or rear yard setback.
11.11.3 No portion of a structure or building shall project into a public or private right-of-way,
and to do so will require an agreement with the Town or owner of the right-of-way.
11.11.4 Projections into yard setbacks shall be in accordance with the Districts parcel coverage
requirements.
11.11.5 At the discretion of the Development Authority, the following projections into required
front, side and rear yard setbacks in Non-Residential Land Use Districts may be
permitted.
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TABLE 11.8: PROJECTIONS INTO NON-RESIDENTIAL MINIMUM SIDE YARDS
All Yards:
Unenclosed patios, decks, the finished surface of which is
not more than 0.6 m (1.9 ft.) above grade
Half (1/2) the minimum yard
Exterior fire escapes with a minimum clearance of 2.4 m
(7.8 ft.) should be maintained
2.0 m (6.6 ft.)
Unenclosed landings and/or steps
1.0 m (3.3 ft.)
Eave/overhangs of principal and accessory buildings
1.0 m (3.3 ft.)
a. Rear and Side Yard:
Satellite dishes, radio and television antenna
0.6 m (2.0 ft.)
Balconies, decks (unenclosed) and verandahs, the finished
surface of which is more than 0.6 m (2.0 ft.) but less than
or equal to 1.8 m (6.0 ft.) above grade
3.0 m (9.8 ft.)
Balconies, decks (unenclosed) and verandahs where the
finished surface is more than 1.8 m (6.0 ft.) but less than
or equal to 3.8 m (12.4 ft.) above grade
2.0 m (6.6 ft.)
Balconies, decks (unenclosed) and verandahs, where the
finished surface is more than 3.8 m (12.4 ft.) above grade
1.5 m (4.9 ft.)
Solar Collectors
See 9.4
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Land Use Districts
12.1 Land Use Classification:
12.1.1 For the purposes of this Bylaw the Town of Fox Creek is divided into the following
Districts:
Residential Single Family Class A (R-1A)
Residential Single Family Class B (R-1B)
Residential Estate Residential (R-ER)
Residential Two Family (R-2)
Residential Medium Density (R-3)
Residential Modular Home Subdivision (R-MHS)
Residential Manufactured Home Park (R-MHP)
Neighbourhood Convenience Commercial District (C-1)
Mixed Use District (C-1A)
General Commercial District (C-2)
Highway Commercial District (C-3)
Industrial District (M-1)
Heavy Industrial District (M-2)
Parks and Services District (P-1)
Urban Services District (U-S)
Urban Reserve District (U-R)
Direct Control District (D-C)
Downtown Overlay District (DOD)
12.1.2 The boundaries of the Districts listed in this Bylaw are as delineated in Part 15, Land Use
District Map.
12.1.3 Where uncertainty exists as to the boundaries of Districts as delineated in the Land Use
District Map, the following rules shall apply:
a. Where a boundary is shown as following a street, lane, railway or creek, it shall be
deemed to follow the centre line thereof;
b. Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line;
c. District boundaries not referenced specifically to items indicated in (a) and (b) shall be
determined based on the scale of the Land Use District Map; and
d. Where Land Use Districts have been established in accordance with a proposed
subdivision of land, the Districts shall be understood to conform to the Certificate of
Title or the Plan of Survey when registered in a land title office. Prior to the registration,
the District boundary shall be determined based on the scale of the map.
12.1.4 The District standards of this Bylaw do not apply to roads, lanes, or other public
thoroughfares.
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12.2 Residential Single Family Class A (R-1A)
12.2.1 Purpose
This District is generally intended to accommodate single family dwellings in areas
where large lots are provided. The rationale of the District is to require a minimum size
of dwelling, in a setting which provides for larger homes than may be permitted in other
single-family Districts.
12.2.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Bed and Breakfast Facility
Dwelling, Single Detached
Home Office
Home Occupation, Minor
Parks and Playgrounds
Secondary Suite
Sales/Lot Information Centre
Show Homes
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Boarding or Rooming House
Day Care Facility
Group Care Facility
Home Occupation, Major
Parking Pad, Recreational Vehicle
Solar Collector, Minor, Ground
Mounted
Utility Building (not containing offices)
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.2.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9 and 10, the following regulations
shall apply to every development in this District:
78
a.
Maximum Site Coverage
35%
b.
Minimum Floor Area
110 m2 (1,188 ft.2)
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
i. Internal Lots
ii. Corner/Double Fronting
iii. Pie/Irregular
18.0 m (59.1 ft.)
20.0 m (65.6 ft.)
Measured from Front Yard Setback
e.
Minimum Site Area
Product of Minimum Width and
Minimum Depth
f.
Front Yard Setback
7.5 m (24.6 ft.)
g.
Side Yard Setback
i. Single Storey
ii. > Single Storey
1.5 m (4.9 ft.)
2.0 m (6.6 ft.)
h.
Rear Yard Setback
7.5 m (24.6 ft.)
i.
Parking
A two-car parking area shall be
provided to the rear, side or front of
the dwelling, onsite. Notwithstanding,
in the case of a dwelling fronting onto
an arterial road, the parking area shall
access from the lane where one is
provided.
12.2.4 Other Provisions
a. The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
79
12.3 Residential Single Family Class B (R-1B)
12.3.1 Purpose
This District is generally intended to accommodate single family dwellings in areas
where the lots and dwellings are smaller than those found in R-1A District; thereby,
allowing for a broad mix of housing sizes in the community.
12.3.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Bed and Breakfast Facility
Dwelling, Single Detached
Home Office
Home Occupation, Minor
Parks and Playgrounds
Secondary Suite
Sales/Lot Information Centre
Show Homes
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Boarding or Rooming House
Day Care Facility
Dwelling, Duplex
Group Care Facility
Home Occupation, Major
Modular Home (CSA Certified)
Parking Pad, Recreational Vehicle
Secondary Suite
Solar Collector, Minor, Ground
Mounted
Utility Building (not containing offices)
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.3.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 10, the following regulations
shall apply to every development in this District:
80
a.
Maximum Site Coverage
45%
b.
Minimum Floor Area
80 m2 (864 ft.2)
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
i. Internal Lots
ii. Corner/Double Fronting
iii. Pie/Irregular
13.0 m (42.7 ft.)
14.0 m (45.9 ft.)
Measured from Front Yard Setback
e.
Minimum Site Area
Product of Minimum Width and
Minimum Depth
f.
Front Yard Setback
6.0 m (19.7 ft.)
g.
Side Yard Setback
i. Single Storey
ii. > Single Storey
1.5 m (4.9 ft.)
2.0 m (6.6 ft.)
h.
Rear Yard Setback
6.0 m (19.7 ft.)
i.
Parking
A two-car parking area shall be
provided to the rear, side or front of
the dwelling. Notwithstanding, in the
case of a dwelling fronting onto an
arterial road, the parking area shall
access from the lane where one is
provided.
12.3.4 Other Provisions
a. The undercarriage of a modular home shall be screened from view by skirting or such
other means satisfactory to the Development Authority.
b. The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
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12.4 Residential Estate Residential (R-ER)
12.4.1 Purpose
This District is generally intended to accommodate large, single family residential
dwellings on large lots in a country-like setting in Fox Creek, where minimal urban
services standards are provided.
12.4.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Bed and Breakfast Facility
Dwelling, Single Detached
Home Office
Home Occupation, Minor
Parks & Playgrounds
Sales/Lot Information Centers
Show Homes
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Day Care Facility
Home Occupation, Major
Modular Home (CSA Certified)
Secondary Suite
Solar Collector, Minor, Ground Mounted
Utility Building (not containing offices)
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.4.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 10, the following regulations
shall apply to every development in this District.
82
a.
Maximum Site Coverage
25%
b.
Minimum Floor Area
140 m2 (1,512 ft.2)
c.
Minimum Site Depth
60.0 m (196.9 ft.)
d.
Minimum Site Width
i. Pie/Irregular
38.0 m (124.7 ft.)
Measured from Front Yard Setback
e.
Minimum Site Area
Product of Minimum Width and
Minimum Depth
f.
Front Yard Setback
12.0 m (39.4 ft.)
g.
Side Yard Setback
i. Other Requirements
3.0 m (9.8 ft.)
Notwithstanding the above, where a
site has vehicular access from the
front only, one side yard setback shall
be a minimum of 5.0 m (16.4 ft.) to
accommodate a driveway for
vehicular passage to the rear of the
property except where an attached
garage or carport is provided.
h.
Rear Yard Setback
7.5 m (24.6 ft.)
i.
Parking
A two-car parking area shall be
provided to the rear, side or front of
the dwelling. Notwithstanding, in the
case of a dwelling fronting onto an
arterial road, the parking area shall
access from the lane where one is
provided.
12.4.4 Other Provisions
a. The undercarriage of a modular home shall be screened from view by skirting or such
other means satisfactory to the Development Authority.
b. The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
83
12.5 Residential Two Family (R-2)
12.5.1 Purpose
This District is generally intended to accommodate up to one two-family dwelling per
lot.
12.5.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Dwelling, Duplex
Dwelling, Row House
Dwelling, Semi Detached
Group Care Facility
Home Office
Parks & Playgrounds
Sales/Lot Information Centers
Show Homes
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Bed and Breakfast Facility
Day Care Facility
Home Occupation
Modular Home (CSA Certified)
Secondary Suite
Solar Collector, Minor, Ground Mounted
Utility Building (not containing offices)
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.5.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 10, the following regulations
shall apply to every development in this District.
84
a.
Maximum Site Coverage
40%
b.
Minimum Floor Area
80 m2 (864 ft.2)
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
i. Internal Lots
ii. Corner/Double Fronting
iii. Pie/Irregular
12.0 m (39.4 ft.)
14.0 m (45.9 ft.)
Measured from Front Yard Setback
e.
Minimum Site Area
i. Vertical Duplex
ii. Side by Side Duplex
iii. Other Developments
570 m2 (6,156 ft.2)
670 m2 (7,236 ft.2) for an internal lot
and 740 m2 (7,992 ft.2) for corner and
double fronting lots.
Product of Minimum Width and
Minimum Depth
f.
Front Yard Setback
6.0 m (19.7 ft.)
g.
Side Yard Setback
i. Single Storey
ii. > Single Storey
3.0 m (9.8 ft.)
4.0 m (13.1 ft.)
h.
Rear Yard Setback
7.5 m (24.6 ft.)
i.
Parking
A two car parking area shall be
provided to the rear, side or front of
the dwelling. Notwithstanding, in the
case of a dwelling fronting onto an
arterial road, the parking area shall
access from the lane where one is
provided.
12.5.4 Other Provisions
a. The undercarriage of a modular home shall be screened from view by skirting or such
other means satisfactory to the Development Authority.
b. The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
85
12.6 Residential Medium Density (R-3)
12.6.1 Purpose
This District is intended to provide a variety of low to medium density multi-unit
residential dwellings, up to a maximum of 99 units per hectare (40 units per acre). The
dwelling forms shall be of a low profile with all units having direct access to grade.
12.6.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Dwelling, Duplex
Dwelling, Fourplex
Dwelling, Row House
Dwelling, Semi-Detached
Dwelling, Triplex
Group Care Facility
Home Office
Parks & Playgrounds
Sales/Lot Information Centers
Show homes
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Apartment
Bed and Breakfast Facility
Boarding or Rooming House
Day Care Facility
Dwelling, Single Detached
Home Occupation, Minor
Modular Home
Secondary Suite
Solar Collector, Minor, Ground
Mounted
Utility Building (not containing offices)
Other related uses, which in the
opinion of the Development Authority
are appropriate.
12.6.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 10, the following regulations
shall apply to every development in this District.
86
a.
Maximum Site Coverage
40%
b.
Minimum Floor Area
i. Duplex Dwelling
ii. Row House Dwelling
72 m2 (775 ft.2)
75 m2 (810 ft.2) for a one-bedroom
unit and an additional 11.0 m2 (119
ft.2) for each additional bedroom.
c.
Maximum Building Height
10.0 m (32.8 ft.) or two and one-half
storeys above grade, whichever is
greater.
d.
Site Area
i. Minimum
ii. Maximum
680 m2 (2,231 ft.2)
1.2 ha (129,167 ft.2)
e.
Maximum Dwelling Unit Density
40 units per hectare (16 units per
acre) of the site upon which the
development is proposed.
f.
Minimum Site Depth
34.0 m (111.6 ft.)
g.
Minimum Site Width
20.0 m (65.6 ft.)
h.
Front Yard Setback
6.0 m (19.7 ft.)
i.
Side Yard Setback
4.5 m (14.8 ft.)
j.
Rear Yard Setback
7.5 m (24.6 ft.)
12.6.4 Other Provisions
a. The undercarriage of a modular home shall be screened from view by skirting or such
other means satisfactory to the Development Authority.
b. The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
12.6.5 Multi-unit residential dwellings shall be landscaped as follows:
a. One (1) tree for each 35.0 m2 (376.7 ft.2) and one (1) shrub for each 15.0 m2 (161.5 ft.2)
of landscaped area;
b. The number of trees may be reduced by 50% by replacing each tree with two (2) shrubs;
c. The location and spacing of trees and shrubs shall be to the satisfaction of the
Development Authority; and
d. Trees and shrubs shall be planted in the landscaped area within private property.
87
12.7 Residential Modular/Manufactured Home Subdivision (R-MHS)
12.7.1 Purpose
This District is generally intended to provide for modular and manufactured home
development on subdivided lots with a mixture of single-family dwellings. This District
shall be applied in those areas where there will be no negative impact on adjacent
existing land uses. Manufactured home subdivisions shall also be accessible to the type
of community services and facilities normally available in residential areas.
12.7.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Home Office
Manufactured Home
Modular Home
Parks & Playgrounds
Sales and Lot Information Centre
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Bed and Breakfast Facility
Day Care Facility
Dwelling, Single Detached
Group Care Facility
Home Occupation
Parking Pad, Recreational Vehicle
Secondary Suite (In Single Detached
Dwellings only)
Solar Collector, Minor, Ground Mounted
Utility Building (not containing offices)
Other related uses, which in the opinion
of the Development Authority, are
appropriate.
12.7.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 10, the following regulations
shall apply to every development in this District.
88
a.
Maximum Site Coverage
35%
b.
Minimum Floor Area
i. Manufactured and Modular
Homes
ii. Single Detached Dwellings
65.0 m2 (702 ft.2)
80.0 m2 (864 ft.2)
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
i. Internal Lots
ii. Corner/Double Fronting
iii. Pie/Irregular
13.0 m (42.7 ft.)
14.0 m (45.9 ft.)
Measured from Front Yard Setback
e.
Minimum Site Area
Product of Minimum Width and
Minimum Depth
f.
Front Yard Setback
6.0 m (19.7 ft.)
g.
Side Yard Setback
i. Single Storey
ii. > Single Storey
iii. Other Requirements
1.5 m (4.9 ft.)
2.0 m (6.6 ft.)
Notwithstanding the above, where a
site has vehicular access from the
front only, one side yard setback shall
be a minimum of 3.0 m (9.8 ft.) to
accommodate a driveway for
vehicular passage to the rear of the
property except where an attached
garage or carport is provided.
h.
Rear Yard Setback
4.0 m (13.1 ft.)
i.
Parking
A two-car parking area shall be
provided to the rear, side or front of
the dwelling. Notwithstanding, in the
case of a dwelling fronting onto an
arterial road, the parking area shall
access from the lane where one is
provided.
12.7.4 Other Provisions
a. Modular and manufactured homes shall meet the relevant CSA Series Standards and
have CSA and Alberta Building Standard label numbers.
b. Dwellings shall be finished from the floor level to the ground level within thirty (30) days
of being sited on the lot. All finish materials shall either be parged, factory fabricated or
of equivalent quality and be pre-finished or painted so that the design and construction
complements the dwelling.
c. Equipment used for transportation of manufactured homes shall be removed from the
dwelling and finishing installed within thirty (30) days of placement.
89
d. Dwellings shall be placed on CSA Standard foundation, an engineer approved
foundation, or a basement.
e. All attached or accessory structures such as room additions, porches, sunrooms,
garages and garden sheds shall be finished or painted so that the design and
construction complements the principal building.
f. The roof line of any addition shall not exceed the height of the dwelling.
g. A lot may be used only for the siting of one manufactured home.
h. The undercarriage of a manufactured home shall be screened from view by skirting or
such other means satisfactory to the Development Authority.
i.
The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
90
12.8 Residential Manufactured Home Park (R-MHP)
12.8.1 Purpose
This District is generally intended to provide for manufactured home parks up to a
maximum density of 20 units per hectare (8 units per acre). The District will be applied
to those areas where there will be no negative impact on adjacent existing land uses.
New parks which are developed shall be serviced by Town water and sewer services in
the park area.
12.8.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Residential Building or
Structure
Home Office
Laundromat (for primary use by
manufactured home park occupants)
Manufactured Home
Modular Home
Parks & Playgrounds
Solar Collector, Minor, Wall or Roof-
Mounted
Accessory Use
Day Care Facility
Group Care Facility
Retail Store (for primary use by
manufactured home park occupants)
Solar Collector, Minor, Ground Mounted
Utility Building (not containing offices)
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.8.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 10, the following regulations
shall apply to every development in this District.
a.
Park Size
i. Minimum
ii. Maximum
1.0 hectares (2.5 acres)
4.0 hectares (9.9 acres)
b.
Maximum Site Coverage
35%
c.
Minimum Floor Area
65 m2 (702 ft.2)
d.
Minimum Site Width
i. Single Wide
ii. Double Wide
12.0 m (39.4 ft.)
14.0 m (45.9 ft.)
e.
Minimum Site Depth
34.0 m (111.6 ft.)
f.
Minimum Site Area
Product of Minimum Width and
Minimum Depth
g.
Front Yard Setback
5.0 m (16.4 ft.)
h.
Side Yard Setback
1.5 m (4.9 ft.)
i.
Rear Yard Setback
1.5 m (4.9 ft.)
91
12.8.4 Other Provisions
a. An approved comprehensive siting plan shall be required prior to the development of
land in this District, and all development shall conform to the comprehensive siting plan.
The proposed plan must include the following to the satisfaction of the Development
Authority:
i.
access, road system, walkway system and site pattern showing dimensions and
structures;
ii.
provision for on-site containerized garbage collection facilities;
iii.
open space, to a maximum of 10% of the park, designated for recreational and
playground use, and shall not include any required buffer strip;
iv.
provision of a landscaped buffer of 4.6 m (15.1 ft.) or greater between any
manufactured home and the lot line bounding the manufactured home park;
v.
provisions for outdoor lighting, identification, and directional signs;
vi.
location of parking aprons (hard surfaced) for every proposed lot;
vii.
proposed location of manufactured home for every lot;
viii.
proposed landscaping of the individual lots and throughout the park;
ix.
guidelines and standards satisfactory to the Development Authority governing
design and materials of carports, patios, storage buildings, skirting, fences, fuel
storage and supply facilities and other attached or detached structures, and
such other information as deemed necessary by the Development Authority;
x.
the development of a manufactured home community must be completed in
conformance with the approved plans and related conditions prior to the
issuance of an Occupancy Permit;
xi.
no standard manufactured home shall be permitted within a block of lots
designated for zero lot line placements;
xii.
within the manufactured home park no manufactured homes, including
attached structures, shall be within 3.0 m (9.8 ft.) from any manufactured
home, including any attached structures or permanent park structures that are
located directly on the opposite side of a park street;
xiii.
all manufactured homes shall meet CSA Standards and have CSA and Alberta
Building Standards label numbers;
xiv.
dwellings shall be finished from the floor level to the ground level within thirty
(30) days of being sited on a lot. All finish materials shall either be parged,
factory fabricated or of equivalent quality, and be pre-finished or painted so
that the design and construction complements the dwelling;
xv.
equipment used for transportation of manufactured homes shall be removed
from the dwelling and finishing installed within thirty (30) days of placement;
xvi.
dwellings shall be placed on a CSA standard foundation, an engineer approved
foundation, or a basement;
92
xvii.
all attached or accessory structures such as room additions, porches, sunrooms,
garages and garden sheds shall be factory prefabricated units or of an
equivalent quality and shall be pre-finished or painted so that the design and
construction complements the principal building;
xviii.
the roof line of any addition shall not exceed the height of the dwelling;
xix.
a lot may be used only for the siting of one manufactured home;
xx.
all roads in a manufactured home park shall be paved and of sufficient width to
accommodate the passage of emergency vehicles; if roads are less than 7.6 m
(24.9 ft.) in width, no on-street parking shall be permitted;
xxi.
designated visitor parking areas shall be evenly distributed throughout the park,
and each visitor parking area shall include a minimum of three parking stalls;
xxii.
a second access from a public road shall be provided for emergency access to
any park containing more than seventy (70) units;
xxiii.
internal pedestrian walkways, where provided, shall have a minimum hard
surfaced width of 1.2 m (3.9 ft.) and be constructed to the satisfaction of the
Development Authority;
xxiv.
pursuant to the Act, the owner or agent of every designated manufactured
home park in the Town shall notify the assessor of the Town in writing of;
xxv.
any manufactured homes locating in the park, or moving to a different site
within the park, within ten (10) days of the changes with the following
information:
1. name and address of the owner of the manufactured home;
2. make and serial number of the manufactured home
3. site location of the unit within the park; and
4. any change of ownership or any removal of a manufactured home from
the park ten (10) days prior to change or removal.
b. The storage area for vehicles, recreational vehicles, watercraft and other items that
cannot be stored on a manufactured home lot shall, where possible, be provided with a
minimum of 19 m2 (205 ft.2) of storage area per manufactured home lot:
i.
a storage area shall be enclosed or screened by trees, landscape features or
fences or a combination thereof to the satisfaction of the Development
Authority.
c. No vehicle over 4,536 kg (9,979 lb) or 7.6 m (24.9 ft.) in length shall be parked on a
manufactured home park lot or manufactured home park street for longer than is
reasonably required to load or unload such vehicle.
d. No more than one recreational vehicle or trailer may be parked on a manufactured
home lot within a manufactured home park. A licenced recreational vehicle, owned by a
temporary guest of the occupants of a manufactured home, may be parked on that
manufactured home lot, regardless of its size, for a period not exceeding two (2) weeks.
93
e. The outdoor storage of materials, products, equipment or machinery shall not be
permitted in this District except in designated storage areas.
f.
All utility lines shall be placed underground or as may be stipulated in a development
agreement.
g. Manufactured home parks shall be fully serviced with approved common water
distribution and sewage collection systems.
h. The undercarriage of a modular or manufactured home shall be screened from view by
skirting or such other means satisfactory to the Development Authority.
i.
The exterior finish of residential buildings shall be completed within one year from the
date which the development permit is issued unless otherwise stipulated in the
development permit.
94
12.9 Neighbourhood Convenience Commercial District (C-1)
12.9.1 Purpose
This District provides sites for intense development of convenience retail and personal
service outlets, which are intended to serve the day-to-day needs of residential
neighborhoods. This reinforces the downtown area as the primary business district
within Fox Creek. The regulations within the C1 District area are intended to restrict
those uses which may be considered obnoxious or involving excessive outside storage of
materials, goods, and equipment.
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Non-Residential Building or
Structure
Accessory Use
Bank/Financial Institution
Convenience Food Store
Office
Parks & Playgrounds
Personal Service Shop
Restaurant, Licenced
Restaurant, Takeout/Delivery
Restaurant, Unlicensed
Retail Store
Signs: A-Board, Awning, Canopy, Free
Standing, Fascia, Projecting & Wall
Solar Collector, Minor, Wall or Roof-
Mounted
Cannabis Retail
Caterer
Contracting Services
Dry Cleaning and Laundry Facility
Recreation Facility
Restaurant, Drive-Through
Signs: Painted Wall, Billboard, Portable &
Inflatable
Shopping Centre
Solar Collector, Minor, Ground Mounted
Supermarket
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.9.2 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 11, the following regulations
shall apply to every development in this District.
95
a.
Maximum Site Coverage
100%
b.
Maximum Height
12.0 m (39.3 ft.), or three storeys
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
15.0 m (49.2 ft.)
e.
Front Yard Setback
Zero
g.
Side Yard Setback
i. Other Requirements
Zero
In which case a fire wall shall be
constructed to the standards of the
Alberta Safety Codes Act
h.
Rear Yard Setback
Zero
12.9.3 Other Provisions
a. No person shall display goods, products or materials outside of a building without
written permission from the Development Authority.
b. All loading, service, and garbage collection shall be located to the rear and sides of the
principal building and shall be screened from view from any public roadway other than a
lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Officer.
12.9.4 Landscaping Requirements
This table is provided for convenience only. For interpretation of this Bylaw, the
regulations provided in Section 11.10 shall prevail.
Use
Minimum Number of
Trees
Minimum Number of
Shrubs
Notes
Commercial and
industrial
developments
1 per 100 m2 of
required yard area
1 per 15 m2 of
required yard area
The number of trees may be
reduced by 50% by replacing
each tree with two shrubs.
At least 25% of required trees
shall be within the front yard
and these trees shall not be
replaced with shrubs.
Off-street parking
lots for commercial
developments
1 per 175 m2 of
parking lot area
96
12.10
Mixed-Use District (C-1A)
12.10.1 Purpose
This District provides for a pedestrian-oriented service, retail, and office environment,
as well as multi-unit residential dwellings near locations offering high accessibility, to
support an active and vital heart of the community. Entertainment and cultural uses
may also be included. This district is not intended to accommodate "big box" style
commercial development that utilizes significant amounts of surface parking, nor is it
intended to be located abutting low density residential districts.
12.10.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Non-Residential Building or
Structure
Accessory Use
Bank/Financial Institution
Clinic
Convenience Food Store
Dwelling, Apartment (above street level)
Laundromat
Office
Parks & Playgrounds
Personal Service Shop
Restaurant, Licenced
Restaurant, Takeout/Delivery
Restaurant, Unlicensed
Retail Store
Signs: A-Board, Awning, Canopy, Free
Standing, Fascia, Projecting & Wall
Solar Collector, Minor, Wall or Roof-
Mounted
Theatre, Movie
Cannabis Retail
Caterer
Contracting Services
Day Care Facility
Drinking Establishment
Dry Cleaning and Laundry Facility
Dwelling, Apartment (street level)
Group Care Facility
Hotel
Laboratory
Recreation Facility
Restaurant, Drive-Through
Shopping Centre
Signs: Painted Wall, Billboard, Portable &
Inflatable
Solar Collector, Minor, Ground Mounted
Supermarket
Veterinary Clinic
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.10.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 11, the following regulations
shall apply to every development in this District.
97
a.
Maximum Site Coverage
75%
b.
Maximum Building Height
14.0 m (45.9 ft.), or four storeys
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
15.0 m (49.2 ft.)
e.
Front Yard Setback
Zero, except as specified by the
Development Officer or the Municipal
Planning Commission.
f.
Side Yard Setback
i. Lots bound on both sides by a
commercial or industrial
District
ii. Side yards adjacent to a
residential District
Zero
3.0 m (9.8 ft.) or half the height of the
building, whichever is greater, to a
maximum of 6.0 m (19.7 ft.).
g.
Rear Yard Setback
i. Other Requirements
Zero
Notwithstanding, for rear yards
adjacent to a residential District,
setbacks shall be 3.0 m (9.8 ft.) or half
the height of the building, whichever
is greater, to a maximum of 6.0 m
(19.7 ft.).
12.10.4 Other Provisions
a. There shall be no outside storage of goods, materials or equipment.
b. No person shall display goods, products, or materials outside of a building without
written permission from the Development Authority.
c. All loading, service, and garbage collection shall be located to the rear and sides of the
principal building and shall be screened from view from any public roadway other than a
lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Officer.
12.10.5 This table is provided for convenience only. For interpretation of this Bylaw, the
regulations provided in Section 11.10 shall prevail.
98
Use
Minimum Number of
Trees
Minimum Number of
Shrubs
Notes
Residential, multi-unit
dwellings
1 per 35 m2 of required
yard area
1 per 15 m2 of required
yard area
The number of trees may be
reduced by 50% by replacing each
tree with two shrubs.
Commercial and
industrial
developments
1 per 100 m2 of
required yard area
1 per 15 m2 of required
yard area
The number of trees may be
reduced by 50% by replacing each
tree with two shrubs.
At least 25% of required trees shall
be within the front yard and these
trees shall not be replaced with
shrubs.
Off-street parking lots
for mixed use and,
commercial
developments
1 per 175 m2 of parking
lot area
99
12.11
General Commercial District (C-2)
12.11.1 Purpose
The purpose of this Zone is to provide for businesses that require large sites and a
location with good visibility and accessibility along, or adjacent to, collector and arterial
roads.
12.11.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Non-Residential Building or
Structure
Bank/Financial Institution
Clinic
Dry Cleaning and Laundry Facility
Funeral Home
Gas Bar
Hotel
Laundromat
Office
Park
Personal Service Shop
Restaurant, Drive-Through
Restaurant, Licenced
Restaurant, Takeout/Delivery
Restaurant, Unlicensed
Retail Store
Shopping Centre
Signs: A-Board, Awning, Canopy, Free
Standing, Fascia, Projecting & Wall
Solar Collector, Minor, Wall or Roof-
Mounted
Supermarket
Theatre, Movie
Washing Facility, Car
Cannabis Retail
Caterer
Contracting Services
Depot, Taxi/Bus
Recreation Facility
Recycling Facility
Signs: Painted Wall, Billboard, Portable &
Inflatable
Solar Collector, Minor, Ground Mounted
Other related uses, which in the opinion
of the Development Authority are
appropriate.
100
12.11.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9 and 11, the following regulations
shall apply to every development in this District.
a.
Maximum Site Coverage
75%
b.
Maximum Height
12.0 m (39.3 ft.), or three storeys
c.
Minimum Site Depth
34.0 m (111.6 ft.)
d.
Minimum Site Width
15.0 m (49.2 ft.)
e.
Front Yard Setback
Zero, except as specified by the
Development Officer or the Municipal
Planning Commission.
f.
Side Yard Setback
i. Lots bound on both sides by
a commercial or industrial
District
ii. Side yards adjacent to a
residential District
Zero
3.0 m (9.8 ft.) or half the height of the
building, whichever is greater, to a
maximum of 6.0 m (19.7 ft.).
g.
Rear Yard Setback
i. Other Requirements
Zero
Notwithstanding, for rear yards
adjacent to a residential District,
setbacks shall be 3.0 m (9.8 ft.) or half
the height of the building, whichever
is greater, to a maximum of 6.0 m
(19.7 ft.).
12.11.4 Other Provisions
a. There shall be no outside storage of goods, materials, or equipment.
b. No person shall display goods, products or materials outside of a building without
written permission from the Development Authority.
c. All loading, service and garbage collection shall be located to the rear and sides of the
principal building and shall be screened from view from any public roadway other than a
lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Officer.
101
12.11.5 Landscaping Requirements
This table is provided for convenience only. For interpretation of this Bylaw, the
regulations provided in Section 11.10 shall prevail.
Use
Minimum Number of
Trees
Minimum Number of
Shrubs
Notes
Commercial and
industrial developments
1 per 100 m2 of
required yard area
1 per 15 m2 of
required yard area
The number of trees may
be reduced by 50% by
replacing each tree with
two shrubs.
At least 25% of required
trees shall be within the
front yard and these trees
shall not be replaced with
shrubs.
Off-street parking lots
for apartment,
commercial, and
industrial developments
1 per 175 m2 of
parking lot area
102
12.12
Highway Commercial District (C-3)
12.12.1 Purpose
The purpose of this Zone is to provide for high quality commercial development along
Highway service roads, which serve as entrance routes to the Town or along limited
access public roadways intended to provide a connection to Highway 43.
12.12.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Non-Residential Building or
Structure
Accessory Use
Adult Entertainment Facility
Automotive Service Station
Automotive Supply Store
Automotive/Recreational Vehicle Sales
and Rental
Bank/Financial Institution
Dry Cleaning and Laundry Facility
Entertainment Facility
Gas Bar
Hotel
Laundromat
Office
Personal Service Shop
Recreation Facility
Restaurant, Drive-Through
Restaurant, Licenced
Restaurant, Takeout/Delivery
Restaurant, Unlicensed
Retail Store
Shopping Centre
Signs: A-Board, Awning, Canopy, Free
Standing, Fascia, Projecting & Wall
Solar Collector, Minor, Wall or Roof-
Mounted Supermarket
Theatre, Movie
Truck Stop
Veterinary Clinic
Washing Facility, Car
Automotive Repair Garage
Cannabis Retail
Contracting Services
Depot, Taxi/Bus
Drinking Establishment
Gaming or Gambling Establishment
Light Equipment Sales, Service, and
Rentals
Recycling Facility
Signs: Painted Wall, Billboard, Portable &
Inflatable
Solar Collector, Minor, Ground Mounted
Other related uses, which in the opinion
of the Development Authority are
appropriate.
103
12.12.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 11 the following regulations
shall apply to every development in this District.
a
Maximum Site Coverage
75%
b.
Minimum Site Area
550 m2 (5,940 ft.2)
c.
Maximum Building Height
14.0 m (45.9 ft.), or four storeys
d.
Front Yard Setback
6.0 m (19.7 ft.)
e.
Side Yard Setback
3.0 m (9.8 ft.)
f.
Rear Yard Setback
6.0 m (19.7 ft.)
12.12.4 Other Provisions
a. There shall be no outside storage of goods, products, materials or equipment permitted
within the front yard of this District.
b. Outside storage of goods, products, materials, or equipment in the side or rear yards shall
be screened from public thoroughfares to the satisfaction of the Development Authority.
c. All loading, service and garbage collection shall be located to the rear and sides of the
principal building and shall be screened from view from any public roadway other than a
lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Officer.
12.12.5 Landscaping Requirements
This table is provided for convenience only. For interpretation of this Bylaw, the
regulations provided in Section 11.10 shall prevail.
Use
Minimum Number of
Trees
Minimum Number of
Shrubs
Notes
Commercial and
industrial developments
1 per 100 m2 of
required yard area
1 per 15 m2 of
required yard area
The number of trees may be
reduced by 50% by
replacing each tree with
two shrubs.
At least 25% of required
trees shall be within the
front yard and these trees
shall not be replaced with
shrubs.
Off-street parking lots
for apartment,
commercial, and
industrial developments
1 per 175 m2 of
parking lot area
104
12.13
Industrial District (M-1)
12.13.1 Purpose
To provide for industrial business uses that carry out their operations such that no
nuisance is created or apparent outside an enclosed building and such that the District
is compatible with any adjacent non-industrial use.
12.13.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Non-Residential Building or
Structure
Accessory Use
Automotive Repair Garage
Automotive Supply Store
Caterer
Contracting Services
Contracting Services, Oilfield Support
Depot, Truck
Dry Cleaning and Laundry Facility
Gas Bar
Heavy Equipment Sales, Service, Storage,
and Rentals
Industry/Manufacturing, Light
Laboratory
Light Equipment Sales, Service, and Rentals
Propane Transfer Facility
Recycling Facility
Signs: A-Board, Awning, Canopy, Free
Standing, Fascia, Projecting & Wall
Solar Collector, Minor, Wall or Roof-
Mounted
Storage, Automotive, Truck, and
Recreational Vehicle
Storage, Indoor
Storage, Outdoor
Storage, Warehouse
Veterinary Clinic
Washing Facility, Car
Washing Facility, Tanker Truck
Aggregate Stockpiling
Aggregate Storage Area
Asphalt Plant
Auction Mart
Campground, Industrial
Campground, Work Camp
Campground, Work Camp Project-Oriented
Cannabis Production and Distribution
Caretaker Residence
Communication Tower
Concrete Manufacturing Plant
Crushing Plant
Depot, Taxi/Bus
Industry/Manufacturing, Heavy
Signs: Painted Wall, Billboard, Portable &
Inflatable
Security Suite
Soft-Sided Building
Solar Collector, Major
Solar Collector, Minor, Ground Mounted
Storage, Bottled Gas
Storage, Bulk Fuel and Chemical
Other related uses, which in the opinion of
the Development Authority are appropriate.
105
12.13.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9 and 11, the following regulations
shall apply to every development in this District.
a.
Maximum Site Coverage
60%
b.
Minimum Site Coverage
4%
c.
Maximum Height
10.0 m (32.8 ft.), or two storeys
d.
Minimum Site Depth
75.0 m (246.1 ft.)
e.
Minimum Site Width
25.0 m (82.0 ft.)
f.
Front Yard Setback
i. Other Requirements
9.0 m (29.5 ft.)
No area for parking, loading or
storage, or any other like purpose
shall be permitted within 3.0 m (9.8
ft.) of the front yard abutting the road
right-of-way.
g.
Side Yard Setback
i. Other Requirements
3.0 m (9.8 ft.)
Where a site has vehicular access
from the front road only, one side
yard setback shall be at least 5.0 m
(16.4 ft.).
h.
Rear Yard Setback
5.0 m (16.4 ft.).
12.13.4 Other Provisions
a. No operation or activity associated with any use in this District shall be permitted which
would create a nuisance factor from noise, odour, earth-borne vibrations, heat, intense
light sources or dust, outside an enclosed building.
b. All loading, service, garbage collection and storage area (where permitted), shall be
located to the rear and sides of the principal building. Where there is no access to the
rear or the side of the principal building, a garbage collection and storage area may be
permitted in front of a principal building provided that it is screened to the satisfaction
of the Development Authority.
c. The Development Officer may require that any exposed projections outside the building,
such as mechanical and electrical equipment and cooling towers, be screened from view
from any public roadway and adjacent sites if, in the opinion of the Development Officer
such projections are inconsistent with the character and appearance of surrounding
development or intended visual qualities of this District.
d. All Buildings shall be constructed and finished with durable materials. The Development
Officer may require that the exterior appearance be improved with finishing material
that maintains an appearance which is characteristic of surrounding developments.
12.13.5 Landscaping Requirements
This table is provided for convenience only. For interpretation of this Bylaw, the
regulations provided in Section 11.10 shall prevail.
106
Use
Minimum Number of
Trees
Minimum Number of
Shrubs
Notes
Commercial and
industrial developments
< 10 Acres (less than)
≥ 10 Acres (equal to or
greater than)
2
6
6
10
The location of the planting
shall be indicated on the
development permit
application site plan, and
a. Include a
description of the
trees, and shrubs to
be planted, and
b. The location of the
plantings.
Off-street parking lots
for apartment,
commercial, and
industrial developments
1 per 175 m2 of
parking lot area
107
12.14
Heavy Industrial District (M-2)
12.14.1 Purpose
The purpose of this Zone is to provide for businesses that require large Sites and a
location with good visibility and accessibility along, or adjacent to, collector and arterial
roads.
12.14.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Non-Residential Building or
Structure
Accessory Use
Aggregate Stockpiling
Aggregate Storage Area
Asphalt Plant
Automotive Repair Garage
Concrete Manufacturing Plant
Contracting Services
Crushing Plant
Depot, Truck
Heavy Equipment Sales, Service, Storage,
and Rentals
Industry/Manufacturing, Forest Based
Industry/Manufacturing, Light
Industry/Manufacturing, Heavy
Laboratory
Light Equipment Sales, Service, and Rentals
Propane Transfer Facility
Recycling Facility
Storage, Automotive, Truck, and
Recreational Vehicle
Signs: A-Board, Awning, Canopy, Free
Standing, Fascia, Projecting and Wall
Solar Collector, Minor, Wall or Roof-
Mounted Storage, Bottled Gas
Storage, Bulk Fuel and Chemical
Storage, Indoor
Storage, Outdoor
Storage, Warehouse
Veterinary Clinic
Washing Facility, Car
Washing Facility, Tanker Truck
Auction Mart
Campground, Industrial
Campground, Work Camp
Campground, Work Camp Project Oriented
Cannabis Production and Distribution
Caretaker Residence
Communication Tower
Industry/Manufacturing, Hazardous
Industry/Manufacturing, Petrochemical
Landfill Operation
Salvage Yard
Signs: Painted Wall, Billboard, Portable &
Inflatable
Security Suite
Soft-Sided Building
Solar Collector, Major
Solar Collector, Minor, Ground Mounted
Other related uses, which in the opinion of
the Development Authority are appropriate.
108
12.14.3 Site Regulations
In addition to the Regulations contained in Parts 8, 9, and 11 the following regulations
shall apply to every development in this District.
a.
Maximum Site Coverage
60%
b.
Minimum Site Coverage
4%
c.
Maximum Height
10.0 m (32.8 ft.), or two storeys
d.
Minimum Site Depth
75.0 m (246.1 ft.)
e.
Minimum Site Width
25.0 m (82.0 ft.)
f.
Front Yard Setback
i. Other Requirements
9.0 m (29.5 ft.)
No area for parking, loading or
storage, or any other like purpose
shall be permitted within 3.0 m (9.8
ft.) of the front yard abutting the road
right-of-way.
g.
Side Yard Setback
i. Other Requirements
3.0 m (9.8 ft.)
Where a site has vehicular access
from the front road only, one side
yard setback shall be at least 5.0 m
(16.4 ft.).
h.
Rear Yard Setback
5.0 m (16.4 ft.).
12.14.4 Other Provisions
a. No operation or activity associated with any use in this District shall be permitted which
would create a nuisance factor from noise, odour, earth-borne vibrations, heat, intense light
sources or dust, outside an enclosed building and impact a non-industrial area.
b. All loading, service, garbage collection and storage area (where permitted), shall be located
to the rear and sides of the principal building. Where there is no access to the rear or the
side of the principal building, a garbage collection and storage area may be permitted in front
of a principal building provided that it is screened to the satisfaction of the Development
Authority.
c. The Development Officer may require that any exposed projections outside the building,
such as mechanical and electrical equipment and cooling towers, be screened from view
from any public roadway and adjacent sites if, in the opinion of the Development Officer such
projections are inconsistent with the character and appearance of surrounding development
or visual qualities of this District.
d. All buildings shall be constructed and finished with durable materials. The Development
Officer may require that the exterior appearance be improved with finishing material that
maintains an appearance which is characteristic of the surrounding development.
109
12.14.5 Landscaping Requirements
This table is provided for convenience only. For interpretation of this Bylaw, the
regulations provided in Section 11.10 shall prevail.
Use
Minimum Number of
Trees
Minimum Number of
Shrubs
Notes
Commercial and
industrial
developments
< 10 Acres (less than)
≥ 10 Acres (equal to or
greater than)
2
6
6
10
The location of the planting
shall be indicated on the
development permit
application site plan, and
a. Include a
description of
the trees, and
shrubs to be
planted, and
b. The location of
the plantings.
Off-street parking lots
for apartment,
commercial, and
industrial
developments
1 per 175 m2 of
parking lot area
110
12.15
Parks and Recreation District (P-1)
12.15.1 Purpose
To establish an area for the use and development of public parks to meet the active or
passive recreational and leisure pursuits at the local, neighbourhood, municipal and
District level.
12.15.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Building or Structure
Accessory Use
Parks & Playgrounds
Recreation Facility
Utility Building
Solar Collector, Minor, Wall or Roof-
Mounted
Institutional Use
Public Use
Solar Collector, Minor, Ground Mounted
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.15.3 Site Regulations
a. Site and development regulations shall be at the discretion of the Development Officer
or Municipal Planning Commission. Design, siting, landscaping, screening and buffering
shall be considered to minimize and compensate for any objectionable aspects or
potential incompatibility with development in abutting Districts and land uses.
111
12.16
Urban Services District (U-S)
12.16.1 Purpose
To provide for uses and facilities used by the public including parks & playgrounds,
recreation, education, health, government, and other institutional facilities and services.
12.16.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Accessory Building or Structure
Accessory Use
Clinic
Community Hall
Day Care Facility
Funeral Home
Government Service
Group Care Facility
Moved-in Buildings
Park
Protective and Emergency Services
Public Use
Recreation Facility
School, Public/Separate
School, Trade/Commercial
Social Care Facility
Solar Collector, Minor, Wall or Roof-
Mounted Utility
Campground, Recreational
Cemetery
Crematorium
Golf Course
Signs
Solar Collector, Minor, Ground Mounted
Temporary Use or Building
Other related uses, which in the opinion
of the Development Authority are
appropriate.
12.16.3 Site Regulations
a. All site and development regulations shall be at the discretion of the Development
Officer or Municipal Planning Commission. Design, siting, landscaping, screening and
buffering shall be considered in order to minimize and compensate for any
objectionable aspects or potential incompatibility with development in abutting Districts
and land uses.
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12.17
Urban Reserve District (U-R)
12.17.1 Purpose
To reserve those areas of the municipality which are rural in character or land use for
urban development until such time as a subdivision plan has been accepted in principle
or approved for other specific uses not permitted in this District. The reclassification of
land to other land use Districts will normally occur subsequent to the acceptance of an
Area Structure Plan where one is required by Council, and subsequent to the approval
of subdivisions proposed.
12.17.2 Uses
(a)
Permitted Uses
(b)
Discretionary Uses
Dwelling, Single Detached (on existing
parcel)
Solar Collector, Minor, Wall or Roof-
Mounted
Greenhouse/Plant Nursery
Kennel
Natural Resource Development
Solar Collector, Minor, Ground Mounted
Temporary Use or Building which in the
opinion of the Municipal Planning
Commission will not prejudice the
possibility of conveniently and
economically re-plotting or developing
the area in the future.
12.17.3 Site Regulations
a. All site regulations shall be at the discretion of the Municipal Planning Commission.
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12.18
Direct Control District (D-C)
12.18.1 Purpose
a. To provide for developments that, due to their unique characteristics, innovative ideas
or unusual site constraints, require specific regulations unavailable in other Land Use
Districts. This District is not intended to be used in substitution for any other land use
district in this Bylaw that could be used to achieve the same result.
12.18.2 District Boundaries
a. This District shall only apply where all the following conditions are met:
i.
That the proposed development is in the opinion of Council considered
appropriate for the site, having regard to the Land Use Bylaw, the Municipal
Development Plan, applicable statutory plans and the scale and character of the
proposed development in relation to the surrounding area.
ii.
That the application be initiated through a bylaw amendment procedure
outlined in Part 4 of the Bylaw; or Council may, after the public hearing on any
proposed redistricting bylaw amend the proposed bylaw to Development
Control District (DCD) and pass the proposed bylaw.
12.18.3 Land Uses
a. Land uses and buildings will be subject to the approval of Council as Development
Authority.
12.18.4 Regulations
a. All site requirements shall be at the discretion of Council, based upon a review of the
merits of the development proposal and the relevant land use planning considerations.
b. All development shall conform to the Town of Fox Creek Municipal Development Plan.
c. Council may refer to other sections of this Bylaw to determine requirements for specific
types of proposed land uses on property zoned under this District. However, Council is
not bound by any other provisions of this Bylaw other than those under this District.
d. When deciding a development permit application, Council shall consider the following:
i.
the existing and future land use of neighbouring properties;
ii.
the suitability of the site for the proposed use;
iii.
the provision of municipal or on-site services such as water and sewer; and
iv.
any considerations which are unique to the proposed development.
e. Council may decide on other requirements as are necessary, having regard to the nature
of the proposed development.
12.18.5 Administration and Procedures
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a. Council may review and decide all applications for principal uses on property zoned
under this District. Development permit approvals for an individual Direct Control
District may be delegated to the Municipal Planning Commission or the Development
Officer at the discretion of Council.
b. There shall be no appeal to the Subdivision and Development Appeal Board on decisions
made by Council on applications for proposed development on land zoned under a
Direct Control District.
c. Under the provisions of the Act, the appeal denial for decisions made by Council does
not apply to enforcement provisions such as Stop Order Appeals.
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Downtown Overlay District
13.1 General Purpose of the Downtown Overlay District
13.1.1 To facilitate the implementation of specific goals and objectives of the Downtown Area
Redevelopment Plan.
13.1.2 To regulate new developments, development of major additions and infill for
Commercial Uses in a manner that is functional and ensures compatibility with adjacent
properties.
13.1.3 To create streetscape and development patterns that result in an attractive, vibrant
downtown with a small-town feel.
13.1.4 To encourage a mix of land uses that are appropriate to the current and future needs of
the community.
13.1.5 To provide incentives to develop parcels at higher densities and architectural standards
through a coordinated approach.
13.1.6 To enhance the quality and appearance of existing developed properties.
13.1.7 To support economic growth by reinforcing the Downtown Overlay area as the central
economic and retail destination for Fox Creek.
13.2 Uses
13.2.1 The Permitted and Discretionary Uses in this Overlay District are the Permitted and
Discretionary Uses of the applicable underlying District.
13.3 Application
13.3.1 The Downtown Overlay District regulation applies to all development or redevelopment
of lands within the Downtown District as delineated on Land Use Map in Part 15.
13.3.2 The Downtown Overlay District regulations are intended to work in collaboration with
the policies in the Town Core Precinct and the Highway Avenue Precinct of the
Downtown Area Redevelopment Plan.
13.3.3 The Downtown Overlay District regulations are to be applied as a condition of a
Development Permit and to guide Town led streetscape improvements.
13.3.4 The Development Officer shall act as the approving authority in accordance with the
Land Use Bylaw.
13.3.5 This Overlay is applied and interpreted in the same manner of the underlying district.
Where standards or other requirements listed as part of this Downtown Overlay District
may conflict with the underlying district, the Downtown Overlay District regulations will
apply.
116
13.3.6 The provisions of the Downtown Overlay District shall take effect upon development or
redevelopment. However, property owners are encouraged to make aesthetic and
façade upgrades at any time, through the Development Permit process.
13.3.7 Applications for Development found within the Overlays are pursuant to Parts 8, 9, 10
and 11.
13.3.8 To determine which lands are subject to the provisions of any of the Downtown Overlay
District, the user of this Land Use Bylaw shall refer to Part 16 (Downtown Overlay
District Map).
13.4 Interpretation
13.4.1 The Development Authority shall determine the use that fits closest to the
development's character and purpose based on definitions found in Section 14.1 of this
Bylaw.
13.4.2 Definitions relating to signs are listed within Part 14.1 of this Bylaw.
Building Design, Massing and Orientation
13.5 Site and Building Design
The siting and massing of buildings can significantly enhance the pedestrian environment by framing the
street to create a sense of alignment with parallel buildings. Building orientation can also assist with the
protection of the pedestrian realm from natural elements.
13.5.1 Objective:
a. Ensure building orientation throughout Downtown and Main Street is conducive to
activating sidewalks and creating an enjoyable pedestrian experience.
13.6 Building Massing and Height
13.6.1 Provisions:
a. Buildings with a dominant building mass shall be avoided in new development. Methods
to address building massing include, but are not limited to:
i. changes in height;
ii. projecting or recessing of elements;
iii. accenting entrances; and
iv. the use of different materials and colours to create the appearance of different
building façades.
b. Flexibility in the division of larger buildings into smaller tenant spaces should be
considered in the design and articulation of storefronts.
c. Buildings shall be constructed to a minimum height of 2 storeys and a maximum height
of 4 storeys and shall not exceed 15 m (49.2 ft.).
117
13.7 Setbacks
13.7.1 Provisions:
a. Single storey and two storey buildings may be built to a 0 m setback and are subject to
site design standards of this Bylaw.
b. Setbacks for all buildings shall not exceed 3 m (9.8 ft.).
c. Notwithstanding Section 13.7.1 (a) and (b) above, the Development Officer may allow
building setbacks up to 5.5 m (18.04 ft.) to accommodate street related activities such
as sidewalk cafes, architectural features and landscaping that contribute to the desired
downtown character and enhanced pedestrian environment of the area.
d. Where a setback larger than 0 m is considered, the application shall include a site plan
that identifies features to accommodate street related activities, including landscaping,
and the provision of these will be required as part of the Development Permit.
13.8 Building Orientation
13.8.1 Provisions:
a. Buildings shall be located directly adjacent to public streets to activate the sidewalk.
b. Buildings on corner lots should be positioned and designed to showcase frontages on
both adjacent public streets.
c. Buildings that are visible from two or more streets shall be designed to showcase
frontages on all adjacent public streets (example: Commercial Court and 1 Avenue).
Elements of building massing to create an
enjoyable pedestrian realm
Accented entrances &
projecting elements
Use of different colours
and materials
Smaller tenant
spaces
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Architectural Building Components
13.9 Building Façade and Building Materials
Buildings in the Downtown District Overlay shall be built using high
grade materials and durable materials and designed in such a way
that express a base, middle and top in their design. The base is
located within the first storey to animate the pedestrian
environment through transparency and articulation. The middle
body of the building contributes to the overall physical and visual
quality of the streetscape. The top - roof, also contributes to the
overall visual quality of the streetscape and should be
distinguishable from the rest of the building.
13.9.1 Objective:
a. To encourage the development of well-proportioned and
well-designed storefronts that create visual interest from the
sidewalk and foster commercial and pedestrian activity.
13.9.2 Provisions:
a. All building façades shall use high quality, compatible and harmonious exterior finishing
materials that compliment adjacent buildings.
b. Buildings with frontage exceeding 15 m (49.2 ft.) in length should be avoided where
possible to maintain a small-scale, pedestrian oriented development pattern.
c. Where walls are greater than 15 m (49.2 ft.) in length, the visual massing shall be
reduced through the use of architectural elements such as columns, ribs, pilaster or
piers, changes in plane (recesses or projections), changes in building finish, material or
texture to address the human scale.
High quality building materials and
architectural features
Buildings with a
defined base, middle
and top
Reduced massing through
columns, ribs, and changes in
finish, materials and textures
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d. Façade treatments of new or substantially
renovated buildings should incorporate
canopies, awnings or arcades, entrance
features or other features to enhance
pedestrian comfort and visual interest
along the street.
e. Buildings within the same block should
consistently use colors, materials,
textures, patterns, and rhythms found
with adjacent buildings.
f. Mechanical equipment (including roof
top mechanical equipment) shall be
screened from view from all sides. Screening
should be compatible with the surrounding
character of the site.
13.10
Entrances
Entrances establish a desirable and strong residential identity for the development, which contribute
positively to the streetscape and integrate into the overall building façade design. Entrances shall be
designed to be a functional, accessible, safe area that provides shelter and lighting to pedestrians.
13.10.1 Objective:
a. Ensure building entrances within the Downtown District Overlay provide convenient
pedestrian access from public sidewalks and enhance permeability of building façades at
ground level.
13.10.2 Provisions:
a. Individual entrances shall be well-defined and designed to face all public roadways, other
than a lane to create a livelier pedestrian realm.
b. If multiple entrances are provided along a
commercial building, the maximum
recommended distance between two
adjacent entrances is 10.0 m (32.8
ft.).
c. Where there are subordinate
entrances, the main building
entrance should be positioned in
a prominent location and
enhanced with architectural
features.
d. Canopies may be used to
distinguish entrances and provide
pedestrian shelter from elements.
Renovated storefront with
façade treatments, awnings and
street furniture.
Recessed building entranceway
120
e. Enhanced landscaping, materials, and colours may be used to differentiate building
entrances.
f.
Entrances shall apply Universal Design Principles to accommodate all levels of
accessibility.
g. Recessed building entrances are encouraged. Entrances that are recessed back from the
window more effectively highlight the display of goods and services within. Recessed
entrances also contribute to depth and rhythm of traditional commercial building
blocks.
13.11
Windows
Storefront windows and displays are conducive to developing an active and engaging pedestrian experience
along sidewalks. Buildings with transparent windows catch pedestrian interest and encourage them to
explore within.
13.11.1 Objective:
a. Create a visually interesting and transparent street wall along the sidewalks where retail
commercial buildings are located.
13.11.2 Provisions:
a. Use of reflective/mirror glass is prohibited along the ground floor frontages throughout
Downtown District Overlay.
b. Blank walls should be minimized along public
street frontages.
c. Sign bands, store front windows,
canopies, entrances and awnings
shall be aligned with similar
features on neighbouring
buildings as they are
redeveloped.
Engaging pedestrian interest with
transparent windows
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Streetscaping
13.12
Streetscape Elements
Well-designed downtown streets have the potential to strengthen the economic prosperity and play a
significant role in the vitality of downtowns.
13.12.1 Objective:
a. To utilize urban design principles and the implementation of streetscape elements to
develop a functional, consistent and appealing aesthetic throughout the Downtown
Overlay District.
b. Elements to achieve a desirable streetscape design may include:
i.
wayfinding & signage
ii.
lighting
iii.
landscaping within the public private realm
iv.
planting and street trees
v.
street furniture
vi.
bicycle rack
vii.
paving materials
viii.
sidewalk patios
ix.
surface and street parking
Streetscape Elements
Trees and Planting
Street Furniture
Lighting
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13.13
Wayfinding and Signage
When the design and scale of signage and wayfinding is appropriate for a community context, they can be
important tools in downtown navigation, definition of streets and business promotion.
13.13.1 Objective:
a. To provide direction regarding the elements of signs in the Downtown Overlay District
that provides effective and suitable wayfinding.
13.13.2 Provisions:
a. All signs shall be subject to the applicable
Overlay District requirements contained within
Part 8.
b. Encourage simple but creative sign designs with
minimal text, the use of symbols, colour and
interesting materials that reflect surrounding
landscapes and nature in theme.
c. Signs shall be made of attractive materials and
may include wood (painted or natural), stone,
copper, brass, galvanized steel, painted canvas,
paint or engraving directly on the façade of the
building, or other materials approved by the
Development Authority.
d. Electronic signage should be limited in size and number and use the framing of natural
materials.
e. New buildings shall include a distinct signage band along the top of first storey building
façades where all fascia and projecting signs are designated for continuity.
f. Promote the use of projecting signs from building façades along Main Street and 1st
Avenue.
Wayfinding
Projecting Sign
A-Board Sign
123
g. A-Board signs placed on public sidewalks in accordance with regulations in this Bylaw
shall not impede pedestrian access and may only be displayed during the hours of
operation of the business.
h. Freestanding signs should incorporate framing or decorative landscaping around the
base.
i.
Signs that project from the building shall have at least 3.0 m (9.8 ft.) of clearance from
grade.
j.
Signs may be lit externally from the front. Back lighting and internal lighting of signs is
prohibited.
k. Neon flashing lighted signs and moving signs are prohibited.
l.
Where possible, reduce the visual clutter of commercial signage along Highway Avenue and
encourage a high level of design standard required for future freestanding signs.
13.14
Lighting
Lighting elements add to the visual interest of buildings, create ambience on the sidewalk, and improve
safety within the public realm.
13.14.1 Objective:
a. To develop a well-lit pedestrian realm by utilizing unique lighting elements and features
on building façades, signs, and streetlight standards.
13.14.2 Provisions:
a. Architectural features such as pillars, ingressions, and cornices should be accentuated
by directional lights.
b. Use of wall-mounted lights (sconces) are encouraged. Wall mounted lights should
complement building style and character of the public realm.
c. Post-mounted or wall-mounted light fixtures must be kept at an appropriate height so
as not to cause glare or result in light spillover into adjacent properties.
d. The use of energy efficient lighting installations is encouraged.
e. The use of concealed lighting fixtures incorporated in public realm features such as
benches, seating areas and bollards is encouraged.
f. Where possible Dark Sky Principles should be considered and implemented.
Lighting elements appropriate for
the Downtown District
124
13.15
Landscaping within the Public-Private Realm
Landscaping on private properties is a critical part furthering the
Town of Fox Creek downtown improvement initiatives. Landscaping
can function as an expression of character of individual property
owners and cultivates a unique character for the downtown.
Landscaping is an efficient tool to buffer visually unappealing
environments, provide shelter from natural elements and contribute
to streetscapes.
13.15.1 Objective:
a. To establish an acceptable landscape and
design standard within the pubic-private realm
to enhance the pedestrian experience and a
strengthened sense of place.
13.15.2 Provisions:
a. Applications for Development Permits that request a change in the intensity or use of a
building shall include a landscape plan which provides for planters outside each external
front entrance. Planters shall be located in a way that does not impede access to or
along the building frontage. The design and approval of the planters shall be to the
Development Officer's approval.
b. All new development applications for new buildings in the Downtown District Overlay
shall include details of existing landscaping and proposed landscape improvement plans.
The approval of a landscaping plan should form part of a Development Permit.
c. As a condition of a Development Permit, an irrevocable letter of credit may be required,
up to 125% of the value of the estimated cost of the proposed landscaping or planting
to ensure that such landscaping and planting is carried out.
d. The owner shall enter into an agreement
with the Town of Fox Creek to ensure
maintenance of the landscaping and the
survival of planted material beyond the
initial two-year growth period.
e. Wherever possible, trees existing on the
site shall be preserved and protected or
replaced. Notwithstanding the status of
the existing vegetation, landscaping of the
site shall be subject to the Overlay
District.
f. The integration of multiple landscape
features is encouraged, such as the
combination of vegetation, fencing,
planters, low fences and small-scale
signage.
Planters can effectively
replace landscaping strips
on narrow sidewalks
Buffering the Private Public Realm
through Landscaping
125
g. Landscape designs shall create visual interest through the use of colour and incorporate
colour palettes that reflect local vegetation and landscapes.
h. A mix of deciduous and coniferous plant material shall be incorporated into landscape
designs.
i.
The landscaping plan should include at least one location for the potential storage of
snow along the street front.
j.
The Development Authority may require that landscaping be provided between public
roadways and surface parking facilities, excepting access to the parking facilities. The
minimum width of landscaping from the property line to the parking facilities surface
should be 2 m (6.5 ft.) when abutting a public roadway.
k. A 2 m (6.5 ft.) landscaped strip on private property should be located along all parcel
boundaries adjacent to a public roadway.
l.
Unless an agreement has been made with affected parties, landscaping features shall
not be placed within a public right-of-way.
13.16
Planting and Street Trees
The design and maintenance of landscape features can have a significant impact on the functionality and
aesthetics of outdoor space. Therefore, species selection, planting, weather tolerance and maintenance
requirements must be considered.
13.16.1 Objective:
a. Ensure landscape features within the Downtown
Overlay District areas are planted with weather
resilient plants, provide appropriate soil and drainage
conditions, and are regularly maintained.
13.16.2 Provisions:
a. Protect all planted and soil areas from compaction
and erosion.
b. Use structural soil cells in hardscape areas to provide
sufficient soil volumes.
c. Provide sub-drainage systems in areas where planting
beds and trees may become over saturated due to
poor soil infiltration.
13.16.3 Weather Considerations
a. Consider climatic conditions for summer and winter
seasons:
i.
utilize trees and shrubs as living snow fences to protect the pedestrian realm
and seating areas from winter snow drift and wind;
ii.
select plant species that incorporate winter characteristics, have a tolerance to
salt that are durable throughout seasons, including tall grasses;
iii.
utilize grassed or landscaped areas for snow storage.
Plant species that
tolerate winter
conditions
126
iv.
landscape plans are encouraged to incorporate xeriscaping (drought resistant)
and the use of native plant, tree and shrub species for durability.
13.17
Commercial Site Design and Access
13.17.1 Access
The location and design of pedestrian and vehicular access points to buildings and sites
from public sidewalks and streets plays an important role in functional downtowns.
Façades with multiple pedestrian entrances onto public sidewalks and limited vehicle
accesses offer an appealing pedestrian experience.
13.17.2 Objective:
a. Provide ease of access to developments from public sidewalks and streets while
prioritizing pedestrian convenience and safety.
13.17.3 Provisions - Vehicular:
a. Properties backing onto a rear alley should have vehicular access via the rear alley.
b. If a property has a vehicle access from a public street, enhanced landscaping along the
access shall be provided with special sidewalk treatments to provide for an
uninterrupted pedestrian experience.
13.17.4 Provisions - Pedestrian:
a. Where an existing building is located a distance away from a public street, a direct
pedestrian walkway should connect the public sidewalk to the building entrance
through the use of distinctive walkway surfaces and vegetation plantings.
b. Sidewalks shall be provided along at minimum one side of the lot that abuts a public
street, to the discretion of the Development Officer.
13.18
Parking and Loading
Parking facilities in downtown Fox Creek are essential for attracting
business patrons, visitors and convenience for business owners. The
strategic location of vehicle parking can provide functional, convenient
access to businesses and contribute to attractive streetscape design.
13.18.1 Objective:
a. Provide direction for the preferred location of private
off-street vehicle parking within Downtown Overlay
District in configurations that promote active building
frontages.
b. Provide short-term on street parallel or angle parking
throughout the Downtown District Overlay.
13.18.2 Provisions:
Parallel Parking for
short term parking
127
a. Additional and future surface level parking areas should be located at, and accessed
from, the rear of commercial lots.
b. Vehicle parking located within a front yard shall be screened by landscaping and
architectural features. The Development Authority may require that parking facilities
located within a front yard be screened by low fences or vegetation (i.e. shrubs)
between 0.6 m (1.9 ft.) to 0.9 m (2.9 ft.) in height. The amount of landscaping should be
proportionate to the overall parking lot size:
i.
preferred fencing includes wrought iron, wood picket or rope and tie/post and
cable fencing.
c. Landscaping of surface parking lots shall comply with Section 11.10 of this Bylaw.
d. Larger parking lots on commercial and institutional sites within the Downtown District
Overlay are encouraged to provide enhanced landscaping within parking islands and
incorporate pedestrian walkways at regular intervals.
e. Low impact surface materials such as permeable pavers and other alternative materials
are encouraged. The use of colours and a diversity of textures in the pavement design of
parking lots is encouraged.
f.
Property owners shall explore opportunities for shared parking design and or access
points in order to minimize number of vehicular access points along street frontages.
g. Sidewalks and walkways from surface parking lots shall connect focal points of
pedestrian activity such as street crossings, building entrances, and nearby open spaces.
h. Loading areas and garbage receptacles shall be located along rear property line and
appropriately screened from public view.
Landscaping and fencing to
buffer rear parking lot
Enhanced landscaping within parking islands in
large parking lots
128
13.19
Downtown Commercial District Regulations
13.19.1 Main Street & 1st Avenue Commercial
Successful Main Street commercial buildings will provide essential space for various
uses to operate across the lifespan of the building. Main Street commercial buildings
generally include a variety of retail commercial uses including personal shops, boutique
shops, cafes, restaurants, health services and similar pedestrian-oriented businesses to
serve the local community.
13.19.2 Objective(s):
a. Encourage commercial buildings along Main Street and 1st Avenue that are individually
distinct, architecturally unified, flexible and responsive to changing market demands.
b. Support existing and future local businesses by making the Downtown Overlay District a
destination for commercial and recreational activity.
13.19.3 Provisions:
In addition to the provisions in this Downtown Overlay District and the regulations
applicable to the underlying district, the following guidelines shall be considered as part
of the redevelopment or development of buildings along Main Street and 1st Avenue:
a. The internal structure and façade of new commercial buildings along Main Street and 1st
Avenue shall provide flexible opportunities for multiple sizes and units through the
positioning of windows and entrances.
b. Architectural features of new commercial buildings along Main Street and 1st Avenue
shall incorporate horizontal architectural elements such as cornices, projections,
material bands, windows and signage placed to create a sense of harmony with
adjacent buildings.
c. For the redevelopment of commercial buildings, street wall continuity should be
strengthened and large physical gaps between buildings avoided.
d. Landscaping, outdoor seating and other amenities are encouraged in pedestrian areas.
13.20
Highway Avenue Commercial
Commercial buildings along Highway Avenue provide opportunities for a variety of uses to serve
highway travelers of Highway 43 and the local community. First impressions of Fox Creek are
made along Highway Avenue; therefore special attention should be made to the architectural
and streetscape elements along this corridor of the District Overlay. Highway commercial uses,
retail commercial, cafes, restaurants and personal services are encouraged. Building character
for stand-alone commercial buildings are typically low-rise single or multi-use commercial retail
in 2-4 storey mid-rise buildings.
13.20.1 Objective(s):
129
a. Ensure the design of new commercial buildings supports the creation of an attractive
private-public realm through massing and architectural details that command attention
and are visible from a distance. Encourage streetscape design that enhances existing
commercial buildings and guides future development of the Highway Avenue corridor to
create a stronger sense of arrival.
b. Support businesses that front Highway 43 or are otherwise oriented to serve the users
of the highway.
13.20.2 Provisions:
In addition to the provisions set out in this Downtown District Overlay, and the
underlying district of the parcel, the following guidelines shall be considered as part of
the redevelopment or development of buildings along Highway Avenue:
a. The ground floor of multi-storey commercial buildings shall be delineated with
horizontal architectural features and different materials than the above floors.
b. Main building entrances should provide enhanced architectural features such as a larger
canopy or other architectural treatments to differentiate itself from other retail
commercial entrances at the ground floor level.
c. Franchise business commercial buildings are encouraged to incorporate a colour palette
and natural elements that reflect Fox Creek's landscape and incorporate the corporate
logo and image creatively in façade design and building massing.
d. Large commercial retail unit buildings shall provide a minimum 3.0 m (9.8 ft.) to 5.0 m
(16.4 ft.) wide pedestrian sidewalk between the internal parking zone and building
façade.
130
Example of a 3 m (9.8 ft.) front yard
setback with patio
Example of a 0 m front yard setback
with landscaping strip
Parallel parking on
street
Angle parking
on street
FIGURE 13: EXAMPLES OF OPTIONAL STREET DESIGN
131
Definitions
"ABUT" or "ABUTTING" means immediately contiguous or sharing a property line with.
"ACCESSORY NON-RESIDENTIAL BUILDING OR STRUCTURE" means a building or structure which is
incidental, subordinate and exclusively devoted to the principal use or building and is located on the
same parcel. An accessory building or structure does not include extensions that are physically
attached to the principal building or any signs.
"ACCESSORY RESIDENTIAL BUILDING OR STRUCTURE" means an accessory building to a residence and
includes such things as detached garages, garden sheds, greenhouses, but does not include fabric
covered portable structure.
"ACCESSORY RESIDENTIAL SOFT-SIDED BUILDING" means any building or structure that is faced or
finished, on any portion of the building exterior, with flexible sheeting capable of being rolled or
folded.
"ACCESSORY USE" means a use customarily incidental and subordinate to the main use of land or a
building or structure.
"ACT" means the Municipal Government Act, RSA 2000, c M-26 and amendments thereto and its
successors.
"ADJACENT" means land that is contiguous or would be contiguous if not for a public road, railway,
reserve land, utility right-of-way, river or stream.
"ADULT ENTERTAINMENT FACILITY" means a commercial development that features nudity or partial
nudity, whether male or female, or the performance of real or perceived sexual acts, or that offers for
retail sale any product or recording featuring nudity or sexual acts and may include the
complementary service of food and/or alcohol for consumption on the premises, pursuant to a license
from the Alberta Gaming and Liquor Commission.
"AGGREGATE STOCKPILING, TEMPORARY" means the temporary use of land for the storage of
processed aggregates or other raw materials for a particular project or contract of road construction.
"AGGREGATE STOCKPILING" means the use of land for the storage of processed aggregates or other
raw materials for future sale.
"AGGREGATE STORAGE AREA" means the use of land for the temporary storage of aggregates for sale
or use in the production of cement or asphalt.
"AIRPORT" means any area of land or building intended to be used either in whole or in part for the
arrival and departure or servicing of aircraft.
"AREA REDEVELOPMENT PLAN" means a plan adopted by the Council as an area redevelopment plan
pursuant to the Act.
"AREA STRUCTURE PLAN" means a plan adopted by the Council as an area structure plan pursuant to
the Act.
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"ASPHALT PLANT" means an industry/manufacturing use that produces asphalt, or asphalt products
used in building and construction and includes facilities for the administration and management of the
business, the stockpiling of bulk materials used in the production process or a finished product on the
premises and the storage and maintenance of required equipment but does not include the retail sale
of finished asphalt.
"AUCTION MART" means a development intended for the auctioning of goods and equipment,
including the temporary storage of such goods and equipment.
"AUTOMOTIVE REPAIR GARAGE" means an establishment for the repair or replacement of parts in a
motor vehicle, motorized construction equipment, or tractor trailers. This use does not offer vehicle
fuels for retail sale. This use includes auto body repair and tire shops.
"AUTOMOTIVE SERVICE STATION" means an establishment where fuel, oils, antifreeze, tires, spark
plugs, batteries, and other accessories for motor vehicles are for sale, or where motor vehicles may be
oiled, tires inflated or batteries changed, or where only minor servicing or repairs essential to the
actual operation of motor vehicles are executed or performed but does not include auto body repair.
"AUTOMOTIVE SUPPLY STORE" means a retail store where equipment and parts used to repair,
service, or customize motor vehicles are available for retail sale, but does not include any installations
or repairs.
"AUTOMOTIVE/RECREATIONAL VEHICLE SALES AND RENTAL" means a development used for the retail
sale or rental of new or used automotive vehicles, recreational vehicles, motorcycles, snowmobiles,
tent trailers, boats, travel trailers or similar light vehicles or crafts, together with incidental
maintenance services and sale of parts. It does not include dealerships for the sale of manufactured
homes, or trucks or heavy equipment with a gross vehicle weight (GVW) greater than 4,000 kg.
"BALCONY" means a horizontal platform, attached to and projecting from the face of a building above
the first storey, intended for use as an outdoor amenity space and with access only from within the
building.
"BANK/FINANCIAL INSTITUTION" means a development, use, or building that is primarily for the
banking or lending of money and other related services. It includes a trust company, chartered bank
and credit union or Province of Alberta Treasury Branch.
"BASEMENT" means that portion of a building which is located partly or wholly below grade, with the
finished level of the floor directly above it less than 1.85 m (6.07 ft.) above average finished grade.
"BED AND BREAKFAST FACILITY" means an establishment where overnight accommodation is provided
for remuneration to members of the traveling public within a dwelling for a period of no more than
fourteen (14) days, and which may include the provision of meals. A bed and breakfast facility is not a
boarding or rooming house, bunkhouse, hotel, or restaurant.
"BERM" means a landscaped mound of earth.
"BLOCK" means private property surrounded by a public right-of-way. For this Bylaw, a block also
refers to private properties fronting onto a cul-de-sac or loop road.
"BOARD" means the Town's Subdivision and Development Appeal Board.
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"BOARDING OR ROOMING HOUSE" A residential building or part of a residential building where the
owner lives and supplies lodging and sleeping accommodation, with or without meals, for
remuneration to no less than two (2) and no more than six (6) persons. Only one cooking facility shall
be located within a boarding and rooming house. A boarding and rooming house does not include a
care residence.
"BOUNDARY" means the registered property line of a parcel.
"BUFFER" means an area where development is restricted, and which includes 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 HEIGHT" means the vertical distance measured from the average finished grade to the
highest point of a building. Building height does not include accessory roof construction not
structurally essential to the building, such as an elevator housing, a mechanical skylight, a steeple, or a
chimney.
"BUILDING, TEMPORARY" means a building not for habitation purposes, constructed without any
foundation, which is temporary and removed when the designated time limit has been reached.
"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.
"BUNKHOUSE" means a portable shelter which provides basic residential accommodation, either
individually or communally, for industrial workers on a temporary basis, where the length of stay
cannot exceed four months for any one individual. A bunkhouse is not a boarding and rooming house.
"CAMPGROUND, INDUSTRIAL" means a campground for temporary accommodation of industrial
workers which allows recreational vehicles only and has access to full municipal services. May include
accessory facilities or amenities to support the principal use.
"CAMPGROUND, RECREATIONAL" means a campground intended for use by travellers for the locating
of tents or recreational vehicles for vacation or recreation purposes. May include accessory facilities or
amenities to support the principal use.
"CAMPGROUND, WORK CAMP" means a temporary residential complex used to house workers,
usually but not necessarily for a contracting firm or project. A work camp is usually made up of several
buildings used to provide sleeping, eating, recreation and other basic living facilities. Buildings are
designed to be dismantled and moved from location to location and from time to time but do not
include manufactured homes or recreational vehicles.
"CAMPGROUND, WORK CAMP, PROJECT-ORIENTED" means a temporary residential complex used to
house workers, for a specific project, on a temporary basis of not more than twelve (12) months. A
project-oriented work camp is usually several buildings used to provide sleeping, eating, recreation
and other basic living facilities. Buildings are designed to be dismantled and moved from location to
location and from time to time but do not include manufactured homes or recreational vehicles.
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"CANNABIS LOUNGE" means a development where the primary purpose of the facility is the sale of
cannabis to the public, for the consumption within the premises that is authorized by provincial or
federal legislation. This use does not include Cannabis Production and Distribution.
"CANNABIS PRODUCTION AND DISTRIBUTION" means a development or use involving one or more of
the following as it relates to cannabis:
a. the production, cultivation or growth of cannabis;
b. the processing of raw materials;
c. the making, testing, manufacturing, assembling or in any way altering the chemical or physical
properties of semi-finished or finished goods and products;
d. the packing, storage, or transportation of materials, goods or products, or;
the distribution or sale of materials, goods or products to Cannabis Retail Stores or to individual
customers.
"CANNABIS RETAIL" means a retail store licensed by the Province of Alberta where cannabis is sold,
and where the consumption of cannabis must not occur. This use may include the ancillary retail sale
or rental of merchandise but does not include Cannabis Production and Distribution.
"CANNABIS" means a cannabis plant, fresh cannabis, dried cannabis, cannabis oil, 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.
"CARETAKER'S RESIDENCE" means a dwelling unit that is accessory to the principal industrial,
commercial, or recreational use on the same parcel and is used for the purpose of providing living
accommodation for the individual who is primarily responsible for the maintenance and security of the
principal use on that parcel.
"CARPORT" means a roofed building used for storing or parking of not more than two private vehicles,
which has not less than 40% of its total perimeter open and unobstructed.
"CATERER" means an establishment in which food and beverages are prepared for consumption off
premises and are not served to customers on the premises or for takeout. This is not a restaurant use.
"CEMETERY" means a parcel of land used as a burial ground and is licensed by the appropriate
provincial government departments, and may include accessory facilities such as cineraria,
columbaria, mausoleums, memorial parks and gardens of remembrance.
"CLINIC" means a development used for the provision of physical and mental health services on an
outpatient basis for the purposes of consultation, prevention, diagnosis, treatment, rehabilitation, or
counselling.
"COMMUNICATION TOWER" means a structure that is used to convey communication, radio, or
television signals and may include antennas, dishes or other structures necessary for carrying out this
function.
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"COMMUNITY HALL" means the use of land and building for community activities and generally not
used for commercial purposes, and the control of which is vested in the Town of Fox Creek, a local
board or agent thereof.
"CONCRETE MANUFACTURING PLANT" means an industry/manufacturing use that produces concrete
or concrete products used in building or construction and includes facilities for the administration and
management of the business, the stockpiling of bulk materials used in the production process or a
finished product manufactured on the premise, and the storage of the materials and equipment
required to manufacture concrete. It may also include the manufacture and storage of concrete
products and supplies and the maintenance of required equipment. It does not include the retail sale
of finished concrete.
"CONDOMINIUM UNIT" means:
a. In the case of a building, a space that is situated within a building and described as a unit
in a condominium plan by reference to floors, walls and ceilings in a building, and
b. In the case other than that of a building, land that is situated within a lot described as a
unit of condominium plan by reference to boundaries governed by monuments pursuant
to the provisions of the Surveys Act respecting subdivision surveys.
c. As defined by the Condominium Property Act.
"CONDOMINIUM" means a building or lot containing condominium units as defined by the
Condominium Property Act.
"CONSTRUCT" means to build, reconstruct or relocate, and without limiting the generality of the word,
also includes:
a. Any preliminary operation such as excavation, filling or draining;
b. Altering an existing building or structure by an addition, enlargement, extension or other
structural change; and
c. Any work which requires a building permit.
"CONTRACTING SERVICES" means a development used for commercial and industrial service support
and construction, and may include sales, display, office or technical support uses incidental and
necessary for the operation of the principal contracting use.
"CONVENIENCE FOOD STORE" means a retail operation that specializes in convenience type items
such as groceries, soft drinks and other similar goods. Convenience Food Store does not include
Cannabis Retail.
"COUNCIL" means the Mayor and Councillors duly elected in the Town of Fox Creek and who continue
to hold office.
"CREMATORIUM" means a building where the deceased are cremated, which may or may not be
contained within a cemetery or funeral home.
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"CROWN LAND" means land owned by the Crown in Right of Alberta that includes the bed and shores
of all permanent and naturally occurring water bodies and watercourses.
"CRUSHING PLANT" means an industry/manufacturing use where aggregate is processed through a
crushing and sorting operation into various grades of gravel.
"DANGEROUS GOODS" means a product, substance or organism listed in the Dangerous Goods
Transportation and Handling Act.
"DARK SKY PRINCIPLES" means the design principles of Dark Sky Lighting developed by the
International Dark Sky Association to address the inappropriate or excessive use of artificial light which
can have serious environmental consequences for humans, wildlife and our climate. Principles include
the minimization of amount, area, and duration of illumination and minimize the use of 'cold'
wavelength illumination.
"DAY CARE FACILITY" means a development licensed by the Province to provide personal care,
maintenance, supervision or education, without overnight accommodation, for seven or more children
at one time, for more than three (3) but less than 24 hours in a day. This includes day care centres,
nurseries, kindergartens, nursery schools, play schools, and other similar uses.
"DECK" means an uncovered horizontal platform with a surface height greater than 0.6 m (2.0 ft.)
above grade at any point that is intended for use as an outdoor amenity space. This does not include a
balcony.
"DEPOT, TAXI/BUS" means a depot used for taxis, limousines or buses which includes an area, site or
location intended for the loading and unloading of passengers.
"DEPOT, TRUCK" means a depot for commercial vehicles and/or transport trailers. This may include
the sale of accessories or equipment for trucks and similar commercial vehicles or the loading and
unloading of goods from freight-carrying trucks.
"DEPOT" means a development used for the maintenance, servicing, dispatching, storage or repair of
motor vehicles. This may include the dispensing of fuel or petroleum products directly into motor
vehicles.
"DEVELOPMENT AUTHORITY" means a Development Authority established pursuant to the Act that
has been authorized to exercise development powers on behalf of the municipality.
"DEVELOPMENT PERMIT" means a document that is issued under the Land Use Bylaw and authorizes
a development.
"DEVELOPMENT" means:
a. An excavation or stockpile and the creation of either of them;
b. Clearing or grading on a parcel of land greater than one (1) hectare in size;
c. 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;
d. A change of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the use of the land or building; or
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e. 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.
"DISTRICT" means a land use district established under this Bylaw as described in Part 12.
"DRINKING ESTABLISHMENT" means a building or part of a building where the primary purpose is the
sale of alcoholic beverages to the public for consumption on the premises pursuant to a license issued
by the Alberta Gaming and Liquor Commission and may include the provision of food or
entertainment. Drinking establishments include bars, taverns, nightclubs and lounges, but not
restaurants or adult entertainment facilities.
"DRIVE-THROUGH" means a use that provides services to patrons inside a motor vehicle and must be
approved with another use.
"DRIVEWAY" means a private road that provides vehicle access from a lot or site to a public road.
"DRY CLEANING AND LAUNDRY FACILITY" means a building where the cleaning of clothing is carried on
and/or used for the purpose of receiving articles of clothing to be cleaned elsewhere.
"DWELLING UNIT" means a self-contained residence with sleeping, cooking, eating, living and sanitary
facilities, and with an independent entrance either directly from outside the building or through a
common area inside the building.
"DWELLING, APARTMENT" means a dwelling with five (5) or more dwelling units that share a common
entrance, and that does not conform to the definition of any other residential use.
"DWELLING, DUPLEX" means a dwelling containing two (2) dwelling units, either one above the other
or side by side, each of which has an independent entrance, either directly from outside the building
or through a common vestibule.
"DWELLING, FOURPLEX" means a dwelling containing four (4) dwelling units with each having direct
access to the outside grade, but not all the units are required to have separate frontage onto a public
or private road. Units may have common side and rear walls and may also be separated by a common
ceiling/floor assembly. A fourplex dwelling is not a row housing dwelling.
"DWELLING, MULTI-UNIT RESIDENTIAL" means a dwelling containing three (3) or more dwelling units
separated from each other by firewalls. It refers to triplex dwellings, fourplex dwellings, apartment
dwellings, and row house dwellings. A multi-unit residential dwelling is not a bunkhouse, boarding and
rooming house, or duplex dwelling.
"DWELLING, ROW HOUSE" means a dwelling consisting of a residential building designed and built to
contain three or more dwelling units with a separate exterior entrance at grade that shares no more
than two party walls with adjacent dwelling units. No part of the dwelling unit is placed over another
in part or in whole and every dwelling unit shall have separate, individual direct access to grade. For
the purpose of this Bylaw, row and townhouse units are considered to be row housing dwellings. Row
housing units are adjoined by a vertical party wall that is insulated against sound transmission.
"DWELLING, SEMI-DETACHED" means a building designed to contain two side by side dwelling units
separated by a fire rated wall.
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"DWELLING, SINGLE DETACHED" means a dwelling containing one (1) principal dwelling unit, which
may contain a secondary suite, and that is constructed upon a permanent foundation or basement. A
single detached dwelling is not a manufactured home or modular home.
"DWELLING, TRIPLEX" means a dwelling containing three (3) dwelling units with each having direct
access to the outside grade, but not all the units are required to have separate frontage onto a public
or private road. Units may have common side and rear walls and may also be separated by a common
ceiling/floor assembly.
"ENTERTAINMENT FACILITY" means a facility or establishment which provides entertainment for a
gain or a profit. This does not include adult entertainment facilities or drinking establishments.
"ENVIRONMENTAL IMPACT ASSESSMENT" means a comprehensive site analysis to determine:
a. The potential impact of the proposed development on the site;
b. The potential environmental impact of the proposed development upon adjacent
properties or land uses; and
c. The potential environmental impact of the proposed development upon the future land
use potential of the property.
"ENVIRONMENTAL SITE ASSESSMENT" means a written report prepared by a qualified professional
conducted according to Canadian Standards Association (CSA) guidelines to describe and assess the
overall environmental status of a site, including:
a. Whether there is or may be any conditions or circumstances that could create a risk to
the environment or to human health either on or off the site, and if present, the nature
and extent of that risk; and
b. Whether there is, or has been, any enforcement action relating to the environmental
conditions of the site.
"FENCE" means a vertical physical barrier constructed to prevent visual intrusion, limit unauthorized
access, mark a boundary or provide noise abatement.
"FINISHED GRADE, AVERAGE" means the average elevation of the finished grade of a building or
structure.
"FINISHED GRADE" means the finished level of the ground adjacent to the foundation of the principal
building, not including artificial embankments, stairways or window wells.
"FLOOR AREA" means the total floor area of every room and passageway contained in a building but
not including the floor areas of basements, attached garages, open porches, patios, open decks,
verandas or breezeways.
"FUNERAL HOME" means a place where funerals are held and/or the deceased are kept until they are
released for burial or cremation.
"GAMING OR GAMBLING ESTABLISHMENT" means a building, or any portion thereof, which is used or
intended for use for the purpose of dealing, operating, maintaining or conducting any game played
with cards, dice, or any mechanical device for money, property or item of value.
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"GARAGE" means an enclosed accessory building or portion of a primary building used or intended to
be used for the private parking or storage of motor vehicles.
"GAS BAR" means a retail outlet that is limited to the sale of gasoline and related automotive products
and may include a "Retail Store". It does not include automotive service stations or automotive repair
garages.
"GOLF COURSE" means a golf playing area and accessory buildings and uses related to the playing of
the game of golf. This may include a pro shop, club house, restaurant, licensed dining area or lounge,
driving range and picnic area.
"GOVERNMENT SERVICE" means a development used by a government agency to provide services
directly to the public. This includes a school district office but does not include protective and
emergency services or schools.
"GREENHOUSE/PLANT NURSERY" means a development for the growing, harvesting, storage, and/or
selling of plants and may include accessory uses related to the storing, displaying, and selling of
related products. Greenhouse/Plant Nursery does not include Cannabis Production and Distribution or
Cannabis Retail.
"GROSS FLOOR AREA" means the total floor area of every room and passageway contained in a
building including the floor area of basements but not including areas used exclusively for storage or
mechanical/electrical services.
"GROUP CARE FACILITY" means a building that provides residential accommodation for up to seven (7)
persons, primarily adults who require assistance or supervision related to age, disability, or other
support needs, and to whom care services are provided, excluding foster homes.
"HABITABLE ADDITION" means any room or portion thereof used or designed for living, sleeping,
eating or cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage
rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered
habitable rooms.
"HARD SURFACING" means asphalt, concrete, interlocking brick/paving stones or similar material
satisfactory to the Development Authority that is used in the construction of a driveway, parking
facilities, pedestrian walkways and trails but does not include gravel or granular materials.
"HEAVY EQUIPMENT SALES, SERVICE, STORAGE, AND RENTALS" means a development used for the
retail sale or rental of new or used heavy equipment and trucks exceeding 4,000 kilograms, motor
homes, and manufactured homes together with incidental maintenance services and the sale of parts
and accessories.
"HEAVY EQUIPMENT SALES, SERVICE, STORAGE, AND RENTALS" means a development used for the
retail sale or rental of new or used heavy equipment and trucks exceeding 4,000 kilograms, motor
homes, and manufactured homes together with incidental maintenance services and the sale of parts
and accessories.
"HIGHWAY" means Alberta Highway 43, a primary highway as designated under the Public Highways
Development Act.
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"HOME OCCUPATION, MAJOR" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the principal and/or
accessory building, excluding accessory residential soft-sided buildings, and which does not change the
residential nature of the building(s) nor the neighbourhood. No exterior evidence of such secondary
use is permitted other than a small name plate, not exceeding 0.28 m2 (3 ft.2) in area. A Major Home
Occupation does not include the outside storage of materials, goods or equipment, and no more than
two (2) paid employees other than the occupants of the residence. Home Occupation, Major does not
include Cannabis Lounge, Cannabis Retail, or Cannabis Production and Distribution.
"HOME OCCUPATION, MINOR" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building as a use secondary to the residential use of the building, and which
does not change the residential nature of the building nor the neighbourhood or have any exterior
evidence of such secondary use. A Minor Home Occupation does not include the outside storage of
materials, goods or equipment. No paid employees other than the occupants of the residence are
permitted on site. Home Occupation, Minor includes day homes, hairdressers, accountants, cosmetic
sales, seamstresses and other similar uses, but does not include Cannabis Lounge, Cannabis Retail, or
Cannabis Production and Distribution.
"HOME OFFICE" means a minimal space occupied by a secondary use of a principal dwelling unit
where no individual other than the resident of the dwelling operates the Home Office, no client or
customer is received in the dwelling for business purposes and no storage, signage, or vehicles
associated with the business are permitted on site.
"HOSPITAL" means an institutional development used to provide in-patient and out-patient health
care to the public, and may include emergency medical services, community health centres,
psychiatric care or extended medical care, accessory food service, office and/or accommodation uses.
"HOTEL" means a building, including a motel, used to provide temporary sleeping accommodation to
the public, and which may also include a restaurant, drinking establishment, or meeting rooms.
"INDUSTRY/MANUFACTURING, FOREST BASED" means an industry/manufacturing use that
manufactures or produces forest-based products and generally includes lumber manufacturing
facilities, oriented strand board plants, pulp mills and sawmills.
"INDUSTRY/MANUFACTURING, HAZARDOUS" means an industry/manufacturing use that by reason of
emissions, noise or storage of goods and materials creates a situation which is offensive or hazardous
to human health, safety and well-being. These industries are incompatible with residential,
commercial and other land uses.
"INDUSTRY/MANUFACTURING, HEAVY" means an industry/manufacturing use that presents moderate
nuisances that require separation from other land uses. These industry/manufacturing uses exhibit
one or more of the following characteristics:
a. Requires a large parcel of land;
b. Involves the development of either large buildings or structures;
c. Requires large areas of open space;
d. Emits noise which is audible beyond the parcel boundary;
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e. Involves the emission of smoke, dust, flying ash, or other particulate matter;
f. May emit an odour or gas;
g. Involves the use of toxic gases or substances in the manufacture process;
h. Produces heat beyond the parcel boundary;
i.
Requires the storage of goods or products which may be hazardous or offensive; or
j.
Produces waste materials that may be hazardous or offensive.
"INDUSTRY/MANUFACTURING, LIGHT" means an industry/manufacturing use that operates in such a
manner that nuisances are not created or apparent from outside enclosed buildings. These
industry/manufacturing uses exhibit one or more of the following characteristics:
a. Can be developed on smaller parcels of land;
b. Is suitable for industrial parks;
c. Most of the activities are confined to the building;
d. Does not require large areas for outdoor storage; and
e. Does not produce emissions which are obnoxious or hazardous.
"INDUSTRY/MANUFACTURING, PETROCHEMICAL" means an industry/manufacturing use that
processes or refines gas, oil, or any other petrochemical product from its raw state into a more refined
state suitable for transport to market.
"INDUSTRY/MANUFACTURING" means an industry engaged in:
a. The assembly, processing, manufacture, cleaning, testing, repairing, storage or
distribution of various materials into a new product;
b. The cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses, or cleaning, servicing and repair
operations to goods and equipment associated with personal or household use, where
such operations have impacts that would make them incompatible elsewhere; or
c. The training of personnel in industrial operations.
Industry/Manufacturing does not include Cannabis Production and Distribution.
"INSTITUTIONAL USE" means a use with the primary purpose of serving the educational, health care,
or social needs of the public through government, non-profit, and not-for-profit organizations.
Without limiting the generality of the definition, this includes religious assemblies, hospitals, schools,
parks, playgrounds, cemeteries, community halls, libraries, and tourist information facilities.
"KENNEL" means a development used for the breeding, boarding, or training of four or more small
animals, normally considered as household pets, which are not owned by the occupant of the dwelling
on the site.
"LABORATORY" means the use of a building, or part of a building, used for scientific, medical and/or
dental testing, experimentation and/or research.
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"LANDFILL OPERATION" means, for the purposes of this Bylaw, a waste sorting site, a waste transfer
station, a modified sanitary landfill, hazardous waste management facility or dry waste site that is
owned and/or operated by the Municipality.
"LANDING" means an entrance area which is attached to a dwelling and is located at the top or
bottom of a set of exterior stairs. A landing is no greater than 1.5 m2 (16.1 ft.2).
"LANDSCAPED AREA" means an open area of land, which is:
a. Unoccupied by any building, structure, garbage container, storage, parking lot, or
driveway;
b. Situated at finished grade on a lot;
c. Used or intended to be used for the growth and maintenance of grass, flowers, shrubs,
bushes, trees and other vegetation, and for the provision of other landscaping features
including, but not restricted to, screening, facilities for outdoor recreation, ornamental
ponds, play areas, surfaced walks, plazas, patios and other hardscaping; but
d. Does not include any part of a driveway or parking area regardless of surface
composition, or any roof-top terrace, balcony, or space enclosed within a building.
"LANDSCAPING" means the modification or enhancement of a site through the use of any or all the
following elements:
a. Soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass, ground
cover, and ornamental ponds; and,
b. Hard landscaping consisting of non-vegetative materials such as brick, stone, rock, tile,
and wood, excluding monolithic concrete or asphalt in the form of patios, walkways,
driveways, and parking lots.
"LANE" means a narrow public right-of-way which provides secondary access to buildings and parcels
of land, and which is registered in a Land Titles Office. Lanes are considered to be alleys under the
Traffic Safety Act.
"LAUNDROMAT" means a self-serve clothes-washing establishment containing one (1) or more
washing and drying machines and other incidental equipment.
"LIBRARY" means a use where collections of materials are maintained primarily for the purpose of
lending to the public. This use may provide meeting rooms, study space and computers for users.
"LOT AREA" means the area contained within the boundaries of a lot shown on a plan of subdivision or
described in the Certificate of Title. Lot Area includes any area dedicated to an easement or a right-of-
way.
"LOT DEPTH" means the average horizontal distance between the front lot line and the rear lot line. If
there is no rear lot line, lot depth shall be the average horizontal difference between the front lot line
and the intersection of the two other lot lines.
"LOT LINE, FRONT" means the lot line that abuts a public road, or on a corner lot, the shortest
property line that adjoins a public road.
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"LOT LINE, REAR" means the lot line opposite the front lot line.
"LOT LINE, SIDE" means the property line that connects the front lot line and rear lot line.
"LOT LINE" means a legally defined limit of any lot.
"LOT, CORNER" means a lot at the intersection of two public roadways, excluding lanes.
"LOT" means:
a. A quarter section;
b. A river lot shown on an official plan, as defined in the Surveys Act that is filed or lodged in
a Land Titles Office;
c. A settlement lot shown on an official plan, as defined in the Surveys Act that is filed or
lodged in a Land Titles Office;
d. A part of a parcel described in a certificate of title if the boundaries of the part are
described in the certificate of title other than by reference to a legal subdivision; or
e. Part of a parcel of land described in a certificate of title if the boundaries of the part are
described in the certificate of title by reference to a plan of subdivision.
"MANUFACTURED HOME PARK" means a parcel under one title, or distinctive titles under bare land
condominiums, which has been designed for the placement of manufactured homes for non-transient
use.
"MANUFACTURED HOME" means a prefabricated, transportable single-unit dwelling suitable for
permanent occupancy, built in a certified off-site manufacturing facility in accordance with the Alberta
Building Code. It is transported on its own wheels and is ready for occupancy upon arrival at a site,
except for incidental building operations such as placement on foundation supports and connection to
utilities. A manufactured home is not a recreational vehicle.
"MODULAR HOME" means one or more finished sections of a complete single-unit residential dwelling
built in a certified off-site factory for transport to the site for installation on a permanent foundation,
all in accordance with the Alberta Building Code and CSA A227 Certified. For the purposes of this
definition, finished means fully enclosed on the exterior and interior but need not include interior
painting, taping, and installation of cabinets, floor coverings, fixtures, heating system, and exterior
finishes.
"MOTEL" see hotel
"MOTOR VEHICLE" means any personal, recreational, or commercial vehicle that uses an internal
combustion engine, or in the case of electric automotives, a battery engine, for locomotion and that is
generally intended for use on developed roadways. This includes cars, trucks, vans, tractor trailers,
motor homes, motorcycles, scooters, travel trailers, buses and similar vehicles, but does not include
motorized equipment for construction or similar industrial uses.
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"MOVED-IN BUILDING" means a building previously constructed and occupied on a site that is to be
relocated from that site and placed on another site.
"MUNICIPAL DEVELOPMENT PLAN" means the Town of Fox Creek Municipal Development Plan and
any associated amendments.
"MUNICIPAL PLANNING COMMISSION" means a Municipal Planning Commission established pursuant
to the Act.
"MUNICIPALITY" means the Town of Fox Creek.
"MUSEUM" means a use of a building, or part of a building for the preservation and presentation of
works of art, or cultural, historical, or scientific objects and information and open to the recreation
and education of the public.
"NATURAL RESOURCE DEVELOPMENT" means a use which is governed by the location of a natural
resource such as clay, sand, gravel, timber, or petroleum, and which involves the extraction, removal,
on-site processing, and/or storage of the natural resource.
"NON-CONFORMING BUILDING" means a building:
a. That is lawfully constructed or lawfully under construction at the date a Land Use Bylaw
affecting the building or the land on which the building is situated becomes effective; and
b. That on the date the Land Use Bylaw becomes effective does not, or when constructed
will not, comply with the Land Use Bylaw.
"NON-CONFORMING USE" means a lawful specific use:
a. Being made of land, a building, a structure, or any combination thereof, or intended to be
made of a building lawfully under construction at the date the Land Use Bylaw becomes
effective; and
b. That on the date the Land Use Bylaw becomes effective does not, or in the case of a
building or structure under construction, will not, comply with the Land Use Bylaw.
"NUISANCE" means any activity or effect that is offensive to the senses, including smoke, airborne
emissions, vapours, odours, noise, earthborn vibrations, glare, flashing light, heat, dust, unsightly
storage of materials, excessive traffic, or any other impact that may become hazardous to health and
safety, or which adversely affects the amenities of the neighbourhood or the normal enjoyment of any
land or building, whether public or private.
"OFFICE" means a use where business people, professional, clerical and administrative staff work in
fields other than medical or counselling fields, and which does not have facilities for the production or
sale of goods directly to the public.
"OWNER" means the Registered Owner of a lot.
"PARCEL" means the aggregate of one or more areas of land described in a certificate of title or
described in a certificate of title by reference to a plan filed or registered in a Land Titles Office.
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"PARKING FACILITY" means an area or areas of land or a building or a part thereof which is provided
for the parking of motor vehicles.
"PARKING LOT" means an area of land providing for the parking of motor vehicles. Parking lots are to
be developed in association with other permitted and discretionary uses and in accordance with the
regulations found in Part 9.12 of this Bylaw.
"PARKING PAD, RECREATIONAL VEHICLE, means an area in the front yard setback constructed of a
hard and durable surface constructed of concrete, asphalt, interlocking brick or permeable materials
including gravel, and pavement millings or similar materials, but not grass or bare earth, designed and
constructed to ensure a stable surface for the parking of motor vehicles, recreational vehicles, and
similar items.
"PARKING STALL" means that portion of a parking lot that accommodates a parked vehicle.
"PARKS & PLAYGROUNDS" means an outdoor space accessible to the general public for active or
passive recreational use.
"PATIO" means an uncovered horizontal platform with a surface height no greater than 0.6 m (2.0 ft.)
above grade at any point intended for use as an outdoor amenity space.
"PERMITTED USE" means the use of land or of a building which is listed in the column captioned,
"Permitted Uses" in the lists of Permitted and Discretionary Uses appearing in this Bylaw, and for
which, when it meets the applicable provisions of this Bylaw, a Development Permit shall be issued,
with or without conditions;
"PERSONAL SERVICE SHOP" means a use of a building or part of a building in which services are
provided and administered to the individual and personal needs of persons, and without limiting the
generality of the foregoing, includes a barber shop, hairdressing establishment, beautician, beauty
parlour, massage therapy shop, shoe repair and shoe shining shop, formal rental shop, tailor shop,
bake shops, depots for collection and delivery of dry cleaning and laundry, self-serve laundry
establishments and pet grooming facilities. The sale of merchandise shall be permitted as an accessory
use to the personal service provided.
"PETROLEUM FACILITY" means petroleum infrastructure such as oil and gas pipelines, well battery,
compressor station, and metering station.
"PHOTOVOLTAIC CELL OR SOLAR CELL" means a device that converts sunlight (photons) directly into
direct current (DC) electricity using semiconductor materials (like silicon).
"PORCH" means an unenclosed, covered structure forming an entry to a building.
"PORTABLE SIGN" means any sign or advertising device that can be carried or transported from one
site to another and is intended to be used or erected on such sites for purposes of advertising or
promotion and includes electric or exchangeable copy signs.
"PRINCIPAL BUILDING" means a building which:
a. Occupies the major or central portion of a site;
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b. Is the chief or main building amongst buildings on a site; or
c. Constitutes, by reason of its use, the primary purpose for which the site is used.
"PRINCIPAL USE" means the primary or main use of land or a building or structure.
"PROJECTION" is a portion of a building which extends horizontally beyond the foundation of a
building but is not constructed on the building's foundation. Examples of projections include balconies
and decks.
"PROPANE TRANSFER FACILITY" means a facility at a fixed location having no more than one storage
container and such container shall not have an aggregate propane storage capacity in excess of 50,000
litres and from which no retail sale of propane fuel to the public is or may be affected.
"PROPERTY LINE" means the legal boundary of a parcel.
"PROTECTIVE AND EMERGENCY SERVICES" means a development used to provide police, fire
protection, and publicly operated emergency medical services.
"PUBLIC ASSEMBLY" means the use of a building or land for meetings open to the general public or
restricted to members and guests of clubs, service clubs, religious organizations, or similar
organizations.
"PUBLIC USE" means a development which is publicly owned, supported or subsidized and involves
public assembly or use. Public uses may include parks & playgrounds, libraries, arenas, museums, art
galleries, hospitals, cemeteries, tennis courts, swimming pools and other indoor and outdoor
recreational activities.
"PUBLIC UTILITY LOT" means a lot owned by the Town that may accommodate one (1) or more public
utilities.
"REAL PROPERTY REPORT" means a legal document prepared by an Alberta Land Surveyor that
illustrates, with measurements, the location of all relevant visible public and private improvements
relative to property boundaries.
"RECREATION FACILITY" means a development that provides facilities for sports and active recreation
and that involves significant improvement to, or intensive use of, the subject lands. Typical examples
include billiard or pool halls, bowling alleys, driving ranges, health and fitness clubs, gymnasiums,
curling rinks, indoor golf facilities or batting cages, indoor fields, roller-skating and hockey rinks, rifle
and pistol ranges, artificial turf fields, tennis courts and swimming pools.
"RECREATIONAL VEHICLE" means a vehicle or trailer designed to provide temporary living
accommodation for camping, travel, vacation, or recreational use
"RECYCLING FACILITY" means a building or land in which used or waste material is separated and
processed prior to shipment for repurposing, reuse or remanufacture, and may include outdoor
storage, household drop-off facilities, and/or the handling of hazardous materials.
"REGISTERED OWNER" means
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a. In the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land; or
b. In the case of other land,
i.
the purchaser of the fee simple estate in the land under an agreement for sale
that is the subject of a caveat registered against the certificate of title in the land
and any assignee of the purchaser's interest that is the subject of a caveat
registered against the certificate of title or
in the absence of a person described above, the person registered under the
Land Titles Act as the owner of the fee simple estate in the land.
"RELIGIOUS ASSEMBLY" means a development including any meeting halls used for spiritual worship
and related religious, charitable, educational or social activities, but does not include a school. It may
include a minister's residence, manse, parsonage, or rectory, provided it is accessory to the principal
use. It also means church or place of worship.
"RESERVE LAND" means a municipal, school, municipal-school, or environmental reserve that has
been dedicated in accordance with the Act.
"RESTAURANT, DRIVE-THROUGH" means a restaurant which includes an exterior method of ordering
and picking up food to be consumed on or off the premises.
"RESTAURANT, LICENSED" means a restaurant which is licensed by the Alberta Gaming and Liquor
Commission to sell alcoholic beverages for consumption on the premises. Food is prepared and served
for consumption on-site but may include a take-out component as an accessory development.
"RESTAURANT, TAKEOUT/DELIVERY" means a restaurant which provides customers with a takeout
and/or delivery service as its primary use, which may or may not be consumed on or off the premises.
"RESTAURANT, UNLICENSED" means a restaurant which is not licensed by the Alberta Gaming and
Liquor Commission to sell alcoholic beverages for consumption on the premises. Food is prepared and
served for consumption on-site but may include a take-out component as an accessory development.
"RESTAURANT" means a building or part of a building in which food is prepared and offered for retail
sale to the public for immediate consumption.
"RETAIL STORE, LIQUOR" means a retail store used for the sale of alcoholic beverages, including hard
liquor, wine and beer, and may include the sale of related products.
"RETAIL STORE" means a development used for the retail sale of consumer goods to the public from
within an enclosed building. A retail store shall generally be less than 1,000 m2 (10,800 ft.2) in floor
area. Retail Store does not include Cannabis Retail.
"RISK ASSESSMENT REPORT FOR DANGEROUS GOODS IN MANUFACTURING, STORAGE AND
HANDLING" means a document that systematically identifies hazards, analyzes the likelihood and
severity of incidents (like fires, spills, explosions, or exposure) from these hazards, and details the
control measures (e.g., segregation, ventilation, PPE, training) to prevent harm to people, property
and the environment, ensuring regulatory compliance and safer operations.
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"ROAD, INTERNAL SUBDIVISION" means a roadway, excluding a highway or public road, constructed
solely for access, egress, and internal circulation within a commercial, industrial or residential
development.
"ROAD, PUBLIC" means a roadway subject to the direction, control and management of the Town.
"ROAD" means land:
a. Shown as a road on a plan of survey that has been filed or registered in a Land Titles
Office; or
b. Used as a public road; and
c. Includes a bridge forming part of a public road and any structure incidental to a public
road, but does not include a highway.
"SALES/LOT INFORMATION CENTRE" means a temporary building or structure used for a limited
period of time for the purpose of marketing land or buildings;
"SALVAGE YARD" means land or buildings where motor vehicles, farm vehicles, equipment, tires and
parts are disassembled, repaired, stored or resold. This may include the wrecking of vehicles for scrap
metal resale.
"SANITARY LANDFILL" means a site that can be utilized by the public at large for the disposal of solid
wastes.
"SCHOOL, PUBLIC/SEPARATE" means a school regulated under the public or separate school board
system.
"SCHOOL, TRADE/COMMERCIAL" means a school that provides technical instruction to students for
profit.
"SCHOOL" means a development used for the education, training, or instruction of students.
"SCREENING" means some combination of structural and/or landscaping features employed to form a
dense or opaque screen for the purposes of visual and/or noise mitigation and separation between
sites, incompatible land uses, roadways or Districts. Screening may include berms, walls, fences, or
continuous rows of trees, evergreens, or shrubs.
"SECONDARY SUITE" means an accessory self-contained dwelling unit within the same building or on
the same lot as the principal dwelling, and which is occupied on a permanent basis. Typical examples
include basement suites, garage suites, garden suites, coach houses, and in-law suites.
"SECURITY SUITE" See Caretaker Residence
"SERVICE, AND RENTALS" means a development for the sale, rental and/or repair of tools, appliances,
recreational craft, office machines, furniture, home appliances, or similar items, but does not include
the rental or repair of motor vehicles or industrial equipment.
"SERVICED" means that approved development uses municipal water, stormwater and sanitary
services (including treatment), where such services have been installed and are operating in
accordance with municipal requirements.
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"SETBACK" means the minimum horizontal distance required between a development and a lot line or
any other features specified by this Bylaw.
"SHOPPING CENTRE" means one or more buildings, or part thereof, containing a group of separate
permitted (or approved discretionary) commercial uses which is maintained as a single comprehensive
unit and located on a single lot, such lot being held and maintained under one ownership or under
condominium ownership.
"SHOW HOME" means the use of a dwelling unit for purposes of display and sale of same or similar
dwelling units;
"SIGHT TRIANGLE" means the triangle formed by a straight line drawn between two points, one
located along the front lot line and the second along a side lot line at a distance of 6.0 m (19.7 ft.)
from the point where the lot lines intersect.
"SIGN, A-BOARD" means a self-supporting temporary sign comprised of two panels which are joined at
the top, and which stand independently of a building or supporting structure.
"SIGN, AWNING" means a sign attached to a non-retractable structure completely enclosed overhead,
which is intended to be used for business identification and protection against the weather and which
is not supported independently of any other building structure.
"SIGN, BILLBOARD" means a sign designed and intended to provide a leasable advertising copy area of
18.0 m2 (194.4 ft.2) where the copy can be periodically replaced, typically by the use of pre-printed
copy pasted or otherwise mounted onto the copy area.
"SIGN, FASCIA" means a sign placed flat and parallel to the face of the building so that no part projects
more than one foot from the building.
"SIGN, FREESTANDING" means a sign on a standard or column permanently attached to the ground
and which is not connected in any way to any building or other structure.
"SIGN, PORTABLE" means any sign supported on a structure designed to be moved easily from one
location to another.
"SIGN, PROJECTING" means any sign other than a canopy or awning sign that projects from the face or
wall of a structure but is not attached to the ground.
"SIGN" means an object, structure or device used for the purpose of identification or advertising or to
call attention to any person, matter, thing or event or to give direction.
"SITE COVERAGE" means the ratio of the horizontal area measured from the exterior surface of the
exterior walls of the ground floor of all principal and accessory buildings or structures (including
verandas, porches, or decks) on a site to the total lot area. Such buildings and structures do not
include steps, eaves, cornices, landings or patios.
"SITE" means a parcel, lot or group of lots used for or proposed to be used for the undertaking of a
development.
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"SOCIAL CARE FACILITY" means:
a. Places of care for persons who are aged or infirm or who require special care;
b. A building or part of a building, other than a home maintained by a person to whom the
children living in that home are related by blood or marriage, in which care, supervision
or lodging is provided for more than four or more children under the age of 18 years, but
does not include a place of accommodation designated by the Province of Alberta as not
constituting a child care institution.
c. A hostel or other establishment operated to provide accommodation and maintenance
for unemployed or indigent persons.
"SOFT-SIDED BUILDING" means a permanent building or structure that is faced or finished, on any
portion of the building exterior, with flexible sheeting capable of being rolled or folded.
"SOLAR COLLECTORS, MAJOR" means a development that:
a. may be the principal use on a lot:
b. consists of a solar energy device(s);
c. that produces thermal or electrical energy that;
i.
may be used for commercial purposes,
ii.
may be used for distribution purposes; and,
iii.
may be used for consumption of the property owner, and,
iv.
is not part of a building face or mounted on the roof or wall of a building,
v.
may include associated supports or racks, inverters, electrical transformers, or
substations that are required for the converting of solar energy.
"SOLAR COLLECTORS, MINOR" means a development that:
a. is an accessory use to and is located on the same lot as the principal use of the lot;
b. consists of a solar energy device;
i.
that produces thermal or electrical energy that is;
ii.
not used for commercial purposes; and,
iii.
is used for consumption on the same lot; and,
iv.
is part of a building face or mounted on the roof or wall of a building.
v.
May be located in the side or rear yard with development permit approval as a
discretionary use.
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"SOLAR ENERGY DEVICE" means structures, accessory buildings, and equipment designed to convert
solar radiation into electrical or thermal energy.
"STATUTORY PLAN" means a Municipal Development Plan, Intermunicipal Development Plan, Area
Structure Plan, or Area Redevelopment Plan pursuant to the Act.
"STEPBACK" means the horizontal distance a building façade is recessed on a horizontal plane from
the building façade immediately below it.
"STORAGE, AUTOMOTIVE, TRUCK, AND RECREATIONAL VEHICLE" means an outdoor storage use
specifically for seasonal or temporary storage of cars, trucks, and recreational vehicles.
"STORAGE, BOTTLED GAS" means storage where compressed gas is stored in pressurized portable
tanks.
"STORAGE, BULK FUEL AND CHEMICAL" means storage for refined or crude oil, fuel, compressed gas,
or liquid or solid chemicals, potentially including dangerous/hazardous substances as defined by the
Dangerous Goods Transportation and Handling Act and the Major Industrial Accidents Council of
Canada. The development may include facilities for cleaning, blending, packaging and distribution of
bulk oil, fuel or chemicals, but does not include the manufacture of these products.
"STORAGE, INDOOR" means a self-contained building or group of buildings available for the storage of
goods. This use includes mini-storage or private storage facilities and is smaller in scale than "storage,
warehouse" (smaller than 10,000 square feet).
"STORAGE, OUTDOOR" means a storage use located outside permanent buildings on the site. This may
include the display and sale of goods and materials. This includes lumber storage and lumber yards.
"STORAGE, WAREHOUSE" means storage of commercial or industrial goods and materials provided in
a building or portion thereof, on a larger scale than indoor storage (greater than 10,000 square feet).
"STREET" means any category of road except a lane.
"STRUCTURAL ALTERATION" means altering the main building components that support a building.
"STRUCTURE" means anything constructed or erected, the use of which requires location on the
ground or attachment to something located on the ground, not including pavement, curbs, walks,
open air surfaces or movable vehicles.
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD" means the Town's Subdivision and Development
Appeal Board established pursuant to the Act.
"SUBDIVISION AUTHORITY" as established pursuant to the Act, means that person(s) or body defined
by the Subdivision Authority Bylaw of the Town of Fox Creek.
"SUBDIVISION" means the division of a parcel of land into one or more smaller parcels by a plan of
subdivision or another instrument.
"SUPERMARKET" means a retail store devoted to the sale of food and associated small household
items.
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"THEATRE, MOVIE" means a theatre used for the showing or viewing of motion pictures.
"THEATRE" means a building, or part thereof, used for the presentation of performing arts.
"TRUCK STOP" means a use that combines a truck depot, gas bar, automotive service station,
restaurant, and/or retail store to cater both to the traveling public and commercial truck traffic.
"UNSIGHTLY" means the premises have not been maintained to prevent their deterioration due to
weather, rot or insects and are free from loose and broken materials.
"UNTIDY" means the land that is not protected by a suitable ground cover which prevents erosion of
the soil or devaluation of neighbouring property and shall include grass, plants and vegetation that is
not trimmed.
"URBAN RESERVE" means lands presently within the Town which are intended for future development
to accommodate the Town's long-term industrial or residential land requirements.
"USE, DISCRETIONARY" means a use of land, buildings or structures for which development permits
may be issued only at the discretion of the Development Authority, with or without conditions.
"USE, PERMITTED" means the use of land or a building or structure for which a development permit
must be issued by the Development Authority, with or without conditions, provided the use, building,
or structure complies with the regulations of this Bylaw. Permitted uses are listed in this Bylaw for the
Land Use Districts in which they are permitted.
"USE, TEMPORARY" means a use of land, building or structure which is permitted for a temporary
basis by the Development Authority, with or without conditions.
"USE" means the purpose for which land, a building, a structure, or any combination thereof, is
designated, arranged, erected, intended, occupied, and/or maintained, as determined by the
Development Authority.
"UTILITY BUILDING" means a building as defined in the Act in which the proprietor of a utility
maintains its office or offices and/or maintains or houses any equipment or works used in connection
with any utility.
"UTILITY" means the right-of-way and/or use of land or a building for one or more of the following:
a. Telecommunication systems;
b. Waterworks systems;
c. Irrigation systems;
d. Systems for the distribution of gas;
e. Systems for the distribution of electric power;
f.
Stormwater management systems;
g. Heating systems; and
h. Sewage systems.
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"VETERINARY CLINIC" means the use of land and building for the medical care and treatment of small
domestic animals but does not include the keeping of animals in outdoor pens.
"WAREHOUSE STORE" means a building or portion thereof for the wholesale or retail sale of goods. A
warehouse store with more than 1,000 m2 (10,800 ft.2) of floor area.
"WASHING FACILITY, CAR" means a washing facility used for washing motor vehicles that are no
longer than 6.8 m (22.3 ft.).
"WASHING FACILITY, TANKER TRUCK" means a washing facility used for cleaning the tanks of tanker
trucks.
"WASHING FACILITY" means a facility used for washing vehicles or equipment either by production
line methods employing mechanical devices or by hand.
"YARD DEPTH" means the shortest horizontal distance between a lot line and building or structure
other than a boundary fence or specifically permitted accessory building.
"YARD, EXTERIOR SIDE" means a side yard abutting a street, lane or other right-of-way.
"YARD, FRONT" means a yard extending across the full width of a lot and situated between the front
lot line and the nearest exterior wall of a building or structure not permitted in a yard.
"YARD, INTERIOR SIDE" means a side yard other than an exterior side yard.
"YARD, REAR" means a yard extending across the full width of a lot and situated between the rear lot
line and the nearest exterior wall of a building or structure not permitted in a yard.
"YARD, SIDE" means the yard extending from the front yard to the rear yard and situated between the
side lot line and the nearest exterior wall of a building or structure not permitted in a yard.
"YARD" means a part of a lot upon or over which no building or structure other than a boundary fence
is erected, except for specifically permitted accessory buildings.
"ZERO LOT LINE PLACEMENT" means the placement of a building on a lot in such a manner that the
building abuts one or more of the lot lines
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Land Use Districts Map
See Zoning Map on www.foxcreek.ca
155
Downtown Overlay District Map
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Effective Date
Consolidated with Land Use Bylaw Amendment 824-2019-A-06 effective February 27, 2023.
Consolidated with Land Use Bylaw Amendment 824-2019-A-07 effective June 26, 2023.
Consolidated with Land Use Bylaw Amendment 824-2019-A-08 effective August 11, 2025.