Land Use Bylaw 492-21

Glendon, Alberta

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VILLAGE OF GLENDON BYLAW 492-21 A Bylaw of the Village of Glendon, in the Province of Alberta for the purpose of repealing Bylaw No. 429- 12 and adopting a Land Use Bylaw for the Village of Glendon. WHEREAS a Land Use Bylaw has been prepared for the Village of Glendon based on public input and studies of land use, development, and other relevant data; and; WHEREAS the foresaid Land Use Bylaw describes the way in which the future development of the Village may be carried out in an orderly and economic manner; NOW THEREFORE the Council of the Village, duly assembled, and pursuant to the authority conferred upon it by the Municipal Government Act, R.S.A. 2000, c. M-26 as amended, enacts as follows: 1. This new Bylaw may be cited as the "Village of Glendon Land Use Bylaw". 2. The Land Use Bylaw of the Village of Glendon attached hereto as Schedule "A" to this Bylaw is hereby adopted. 3. Bylaw No. 429-12, as amended, being the previous Land Use Bylaw of the Village of Glendon, is hereby repealed. 4. This Bylaw may be amended by Bylaw in accordance with the Municipal Government Act, R.S.A. 2000, c. M-26, as amended. 5. This Bylaw shall come into force upon receipt of its third and final reading. READ A FIRST TIME this _______ day of _______________________, A.D., 2021 _________________________________________ MAYOR _________________________________________ CAO READ A SECOND TIME this _____ day of _________________________, A.D., 2021 _________________________________________ MAYOR _________________________________________ CAO READ A THIRD TIME THIS ______ day of ________________________, A.D., 2021 _________________________________________ MAYOR _________________________________________ CAO LAND USE BYLAW TABL LAND U 1. ADMINISTRATION1 1.1 TITLE 1 1.2 SCOPE 1 1.3 PURPOSE 1 1.4 DEVELOPMENT AUTHORITY 1 1.5 DEVELOPMENT AUTHORITY OFFICER 1 1.6 MUNICIPAL PLANNING COMMISSION 1 1.7 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 2 1.8 COUNCIL 2 2. INTERPRETATION3 2.1 MEASUREMENTS 3 2.2 DEFINITIONS 3 3. DEVELOPMENT22 3.1 CONTROL OF DEVELOPMENT 22 3.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 22 3.3 NON-CONFORMING BUILDINGS AND USES 23 3.4 APPLICATION FOR DEVELOPMENT 23 3.5 NOTICE OF COMPLETE OR INCOMPLETE APPLICATION 26 3.6 DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION 26 3.7 OFFSITE AND ONSITE SERVICES AND IMPROVEMENTS 27 3.8 VARIANCE PROVISIONS 27 4. SUBDIVISION29 4.1 SUBDIVISION APPLICATION REQUIREMENTS 29 4.2 SUBDIVISION PROCESS 30 4.3 NOTICE OF COMPLETE OR INCOMPLETE APPLICATIONS 30 4.4 DUTIES OF THE SUBDIVISION AUTHORITY 30 4.5 SUBDIVISION REQUIREMENTS AND CONDITIONS 31 5. APPEALS32 5.1 DEVELOPMENT APPEALS 32 5.2 SUBDIVISION APPEALS 33 5.3 APPEAL HEARINGS AND DECISIONS 33 6. AMENDMENTS34 6.1 APPLICATION FOR AMENDMENT 34 6.2 PUBLIC HEARING PROCESS 34 7. ENFORCEMENT35 7.1 CONTRAVENTION AND PENALTIES 35 7.2 VIOLATION TICKETS 35 8. GENERAL REGULATIONS36 8.1 ACCESSORY BUILDINGS 36 8.2 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS 36 8.3 AMATEUR RADIO ANTENNAS 36 8.4 BED AND BREAKFAST ESTABLISHMENTS 37 8.5 CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES 37 8.6 CORNER LOTS AND DOUBLE FRONTING LOTS 37 8.7 CORNER SITES AND SIGHT LINE PROTECTION 37 8.8 DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS 38 8.9 EXISTING SUBSTANDARD LOTS 38 8.10 FENCES, WALLS, AND HEDGES 38 8.11 FENCING MATERIALS 39 8.12 GARAGE SUITES 40 8.13 GROUP HOMES, DAY HOMES, AND CHILD CARE FACILITIES 40 8.14 HOME OCCUPATIONS 41 8.15 IN-LAW SUITES 42 8.16 INTENSIVE AGRICULTURE 42 8.17 KEEPING OF DOMESTIC PETS AND LIVESTOCK 42 8.18 LANDSCAPING 43 8.19 MANUFACTURED HOMES 45 8.20 MANUFACTURED HOME PARKS 45 8.21 MOVED-IN BUILDINGS 46 8.22 MULTIPLE DWELLING DEVELOPMENTS 46 8.23 MUNICIPAL SERVICES, SANITARY FACILITIES, AND ROAD AVAILABILITY 46 8.24 NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS 47 8.25 NUMBER OF DWELLING UNITS ON A LOT 47 8.26 OBJECTS PROHIBITED OR RESTRICTED IN YARDS 48 8.27 OFF-STREET PARKING AND LOADING 48 8.28 PROJECTION OVER YARDS 53 8.29 PROTECTION FROM EXPOSURE HAZARDS 53 8.30 RECREATIONAL VEHICLE PARKS 54 8.31 RECREATIONAL VEHICLES 54 8.32 SECONDARY SUITES 54 8.33 SERVICE STATIONS AND GAS BARS 55 8.34 SIGNS 55 8.35 SITE CONDITIONS 61 8.36 SOLAR ENERGY COLLECTION SYSTEMS 61 8.37 SOUR GAS FACILITIES 62 8.38 SUBDIVISION OF LAND 62 8.39 TOPSOIL REMOVAL 62 8.40 WIND ENERGY CONVERSION SYSTEMS, LARGE 62 8.41 WIND ENERGY CONVERSION SYSTEMS, MICRO 63 8.42 WIND ENERGY CONVERSION SYSTEMS, SMALL 63 8.43 WIRELESS COMMUNICATION FACILITIES 64 9. ESTABLISHMENT OF DISTRICTS AND REGULATIONS66 9.2 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS 66 10. LAND USE DISTRICTS67 10.1 R1 - RESIDENTIAL DISTRICT (LARGE HOMES, LARGE LOTS) 67 10.2 R2 - RESIDENTIAL DISTRICT (SMALL HOMES, SMALL LOTS) 69 10.3 R3 - RESIDENTIAL DISTRICT (MEDIUM DENSITY) 72 10.4 R4 - RESIDENTIAL DISTRICT (HIGH DENSITY) 76 10.5 RMH1 - MANUFACTURED HOME SUBDIVISION DISTRICT 79 10.6 RMH - MANUFACTURED HOME PARK DISTRICT 81 10.7 C1 - COMMERCIAL DISTRICT (DOWNTOWN) 84 10.8 C2 - COMMERCIAL DISTRICT (GENERAL) 86 10.9 M1 - INDUSTRIAL DISTRICT 88 10.10 P - COMMUNITY DISTRICT 89 10.11 I - INSTITUTIONAL DISTRICT 90 10.12 UR - URBAN RESERVE DISTRICT 91 11. LAND USE DISTRICT MAP92 LIST OF FIGURES FIGURE 1: ADJACENT LAND 3 FIGURE 2: HEIGHT 9 FIGURE 3: LOT TYPES 12 FIGURE 4: CANOPY SIGNS 18 FIGURE 5: FASCIA SIGNS 18 FIGURE 6: FREESTANDING SIGN 18 FIGURE 7: PROJECTING SIGN 18 FIGURE 8: TEMPORARY/PORTABLE SIGN 19 FIGURE 9: ROOF SIGN 19 FIGURE 10: SURVEILLANCE SUITE 20 FIGURE 11: SIDE YARD SETBACK ON A CORNER LOT WHERE A 2ND FRONT YARD IS NOT REQUIRED 37 FIGURE 12: CORNER SITE 37 FIGURE 13: FENCE, WALL AND HEDGE HEIGHT REQUIREMENTS 39 FIGURE 14: EXAMPLE OF A GOOD NEIGHBOUR FENCE DESIGN 39 FIGURE 15: EXAMPLE OF A NEIGHBOURHOOD COMMERCIAL DEVELOPMENT 47 FIGURE 16: PARKING AREA DESIGN REQUIREMENTS 52 FIGURE 17: A-FRAME SIGN HEIGHT AND AREA REQUIREMENTS 57 FIGURE 18: FASCIA SIGN PLACEMENT, ONE STOREY BUILDING 59 FIGURE 19: FASCIA SIGN PLACEMENT, TWO STOREY BUILDING 59 FIGURE 20: EXAMPLE OF A PARAPET WALL AND EAVES 60 LAND The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be used and buildings can be either constructed or moved in) in the Village of Glendon. Regulations vary depending on the location and types of development. Other Bylaws or regulations of the municipality, Province or Federal Government must also be followed. There are several parts of the Land Use Bylaw that need to be examined to understand how it works. Firstly, the Land Use Bylaw maps divide the municipality into various Land Use Districts. Secondly, the text of the Land Use Bylaw details the uses that are allowed in each District. Thirdly, the text provides additional regulations that apply to certain uses and/or within certain Districts. The following steps may assist the user: Locate the subject property on the Land Use District Map. These maps divide the municipality into various Land Use Districts. Each Land Use District has a designation such as R1 - Residential District (Large Homes, Large Lots). Take note of which Land Use District the subject property is located in. Check the table of contents and locate the Land Use District you are interested in. In each Land Use District you will find a list of permitted and discretionary uses, subdivision regulations, development regulations and other miscellaneous regulations. This determines how and what can be developed in any given Land Use District. There are definitions in Section 2 - Interpretation that should also be consulted to ensure that words and terms used in the Land Use Bylaw are understood. Review the Table of Contents to see if there are any general regulations that apply to the situation or use in question. For example, Section 7 - Enforcement describes the enforcement procedure. Section 8 - General Regulations address topics such as accessory buildings, home occupations, signs, and moved-in buildings, to name just a few. Discuss your proposal/concern with Village Administration; they can assist you with your development, subdivision, general inquiry issues and to explain procedures. They can also assist with other situations such as enforcement or a Land Use Bylaw amendment. Please note that this Guide to Using the Land Use Bylaw is intended to assist the reader, and does not form part of the Land Use Bylaw. 1. ADMINISTRATION1.1 TITLE 1 The title of this Bylaw shall be the Village of Glendon Land Use Bylaw. 1.2 SCOPE 1 No development shall be permitted within the boundaries of the Village except in conformity with the provisions of this Bylaw. 1.3 PURPOSE 1 The purpose of this Bylaw is to regulate the use and development of land and buildings within the Village to achieve the orderly and economic development of land, and for that purpose, amongst other things: a. to divide the Village into districts; b. to prescribe and regulate for each district the purposes for which land and buildings may be used; c. to establish the Development Authority; d. to establish a method of making decisions on applications for development permits including the issuing of development permits; e. to provide the manner in which notice of the issuance of a development permit is to be given; f. to implement the statutory plans of the Village; and g. to establish the procedures for making amendments to this Bylaw. 1.4 DEVELOPMENT AUTHORITY 1 The Development Authority of the Village of Glendon shall be as established by the municipality's Development Authority Bylaw. 2 The Development Authority shall perform such duties that are specified in this Land Use Bylaw, and shall also, among other things: a. keep and maintain for the inspection of the public during all regular hours, a copy of this Land Use Bylaw and all amendments thereto, and b. keep a register of all applications for development including the decisions thereon and the reasons therefore. 3 For the purposes of the Act, the Development Authority or their designate(s) is/are hereby declared to be a Designated Officer of Council. 1.5 DEVELOPMENT AUTHORITY OFFICER 1 The Development Authority Officer shall be appointed by resolution of Council. 2 The Development Authority Officer shall perform such duties that are specified in this Bylaw. 3 The Development Authority Officer may sign, on behalf of the Development Authority, any order, decision, approval, notice or other thing made or given by the Development Authority or by the Development Authority Officer. 4 The Development Authority Officer shall keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw and all amendments thereto, and keep a register of all applications for development, including the decisions thereon. 5 For the purposes of Section 542 of the Act, the Development Authority Officer is hereby declared to be the designated officer. 1.6 MUNICIPAL PLANNING COMMISSION 1 The Municipal Planning Commission shall decide upon all development permit applications referred to it by the Development Authority Officer. 2 The Municipal Planning Commission may: a. provide recommendations for subdivision proposals to the Subdivision Authority; and b. perform such other duties as described or implied in this Bylaw or as may be assigned to it by Council. 1.7 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 1 The Subdivision and Development Appeal Board established by the municipality's Subdivision and Development Appeal Board Bylaw shall perform such duties as are specified in this Bylaw. 1.8 COUNCIL 1 Council shall perform such duties as are specified for it in this Bylaw. 2. INTERPRETATION2.1 MEASUREMENTS 1 Whenever measurements are presented, metric values are used. Imperial equivalents, provided in parenthesis, are approximate and intended for information only. 2.2 DEFINITIONS For the purposes of this Bylaw: 1. ABUT (OR ABUTTING) means immediately contiguous or physically touching, and, when used with respect to a lot or site, means that the lot or site physically touches upon another lot or site, and shares a property line or boundary line with it. 2. ACCESSORY BUILDING means a building separate and subordinate to the main building and use which is incidental to the main building and is located on the same parcel of land. An accessory building to a residential use means a garage, carport, shed, storage buildings, hobby greenhouse, sundeck, patio or balcony, permanently installed private swimming pool or hot tub, and similar buildings. Where an accessory development is attached to the main building on a lot by a roof or an open or enclosed structure, except carports where vehicular access to the rear yard is not obstructed, said accessory development is part of the main building and not an accessory building and shall, unless otherwise specified in this Bylaw, adhere to the yard and other requirements for main buildings; 3. ACCESSORY USE means a use customarily incidental and subordinate to the main use or building and is located on the same parcel of land with such main use or building; 4. ACT means the Municipal Government Act, R.S.A. 2000, as amended; 5. ADJACENT LAND means land that is contiguous to a particular parcel of land and includes land that would be contiguous if not for a highway, road, river or stream; 6. AGRICULTURAL INDUSTRY means an industrial activity involving the processing, cleaning, packing or storage of the results from agricultural production. Agricultural industry includes, but is not restricted to, seed cleaning and/or processing plants, and grain elevators, but does not include the manufacture of processed foods resulting from agricultural production or abattoirs; 7. AGRICULTURAL OPERATION means an agricultural operation as defined in the Agricultural Operation Practices Act; 8. AGRICULTURAL PRODUCTION means the production of an agricultural operation. It shall also mean the agricultural product storage, service facilities and farmsteads which relate to the individual farm unit; 9. AMUSEMENT ESTABLISHMENT, INDOOR means a development providing recreational facilities with table games and/or electronic games played by patrons for entertainment. Indoor amusement establishments include billiard parlours and electronic games arcades with tables and/or games and bowling alleys; FIGURE 1: 10. AMUSEMENT ESTABLISHMENT, OUTDOOR means a development providing recreational facilities outdoors played by patrons for entertainment. Outdoor amusement establishments include amusement parks, go-cart tracks, and miniature golf courses. However, outdoor amusement establishments do not include drive-in motion picture theatres, carnivals or circuses; 11. ANIMAL HOSPITAL means a building used by veterinarians primarily for the purposes of the consultation, diagnosis and office treatment of household pets, but shall not include long-term board facilities for animals nor kennels; 12. APARTMENT means a dwelling containing three (3) or more dwelling units, but shall not mean row housing; 13. AUCTIONEERING ESTABLISHMENT means a development specifically intended for the auctioning of goods and equipment, including the temporary storage of such goods and equipment. Auctioneering establishments do not include flea markets; 14. AUTOMOTIVE AND EQUIPMENT REPAIR SHOP means a development where automobiles, motorcycles, snowmobiles and similar vehicles are serviced or mechanically repaired and where related accessories and parts are sold and/or installed. Automotive and equipment repair shops include transmission shops, muffler shops, tire shops, automotive glass shops, and upholstery shops, but not body repair or paint shops; 15. AUTOMOTIVE AND RECREATIONAL VEHICLE SALES/RENTAL ESTABLISHMENT means a development where new or used automobiles, trucks, motorcycles, snowmobiles, tent trailers, boats, travel trailers, or similar recreational vehicles or craft are sold or rented, together with incidental maintenance services and sale of parts. Automotive and recreational vehicle sales/rental establishments include automobile, recreational vehicle, and motorcycle dealerships and rental agencies; 16. BASEMENT means the portion of a development which is wholly or partially below grade, having above grade no more than 1.8 m (6.0 ft.) of its clear height lying below the finished level of the floor directly above; 17. BED AND BREAKFAST ESTABLISHMENT means a development within a dwelling which possesses a dwelling unit, where temporary sleeping accommodations, up to a maximum of two (2) bedrooms, with or without meals, are provided for remuneration to members of the public. A bed and breakfast establishment shall include a boarding house; 18. BOARIDNG HOUSE means a building or portion thereof where meals are served for a remuneration involving no more than three (3) persons, exclusive of the occupant(s). For the purposes of this Bylaw, boarding houses shall not include an eating or drinking establishment, a drive-in restaurant, a refreshment stand, or other similar use; 19. BUILDING includes anything constructed or placed on, in, over or under land but does not include a highway or road or a bridge that forms part of a highway or road; 20. BUSINESS SUPPORT SERVICES ESTABLISHMENT means a development providing support services to businesses. Business support services establishments are characterized by one or more of the following features: the use of minor mechanical equipment for printing, duplicating, binding or photographic processing; the provision of office maintenance or custodial services; the provision of office security; or the sale, rental, repair or servicing of office equipment, furniture and machines. Business support services establishments include printing establishments, film processing establishments, janitorial firms, and office equipment sales and repair establishments; 21. CAMPGROUND means a development where tents are erected and/or recreational vehicles are parked for the purpose of overnight or short term accommodation. A campground includes any building, structure, tent, vehicle or enclosure accessory to the main use that is located on the land and used as an integral part of the campground such as washhouses, gazebos, picnic shelters, etc.; 22. CARETAKER/SECURITY RESIDENCE See "Surveillance Suite." 23. CARPORT means a roofed structure used for storing or parking not more than two (2) vehicles and which has not less than forty percent (40%) of its total perimeter open and unobstructed; 24. CARRIER means a company or applicant that provides wireless commercial or essential institutional communications services; 25. CEMETERY means development of land for the interment or entombment of the deceased, and may include, at the discretion of the Development Authority, crematoriums, mausoleums and memorial parks or a religious assembly, and one attached or separate manse; 26. CO-LOCATION means locating on a site and tower with other Wireless Communications Operators; 27. COMMERCIAL USE means a business through which products, services, or entertainment are available to consumers, whether the general public or other commercial establishments, and does not include the manufacturing of products. Commercial use shall include animal hospitals, bed and breakfast establishments, business support services establishments, campgrounds, drive- in businesses, drive-in restaurants, eating and drinking establishments, entertainment establishments, general retail stores, greenhouses, health services, highway commercial uses, hotels, marinas, office uses, personal service shops, recreation camps, recreational vehicle parks, and resorts; 28. CONFINED FEEDING OPERATION means a confined feeding operation as defined in the Agricultural Operation Practices Act; 29. CONTRACTOR SERVICES, LIMITED means a development where electrical, plumbing, heating, painting and similar contractor services are provided, primarily to individual households, and where goods normally associated with the contractor service may be stored and sold, where all materials are kept within an enclosed building, and where there are no accessory manufacturing activities or parking or storage of more than four (4) vehicles; 30. CONTRACTOR SERVICES, GENERAL means a development where building, concrete, landscaping, electrical, excavation, drilling, heating, plumbing, paving, road, oil field, pipeline, or similar services of a construction or services nature are provided, which have on-site storage of materials, construction equipment, or vehicles normally associated with the contractor service, and which is not a limited contractor service. Any sales, display, office or technical support service areas shall be accessory to the main use only; 31. CORNER LOT means a lot having boundary lines on two or more roads or highways, or with a road and a highway, at their intersection or junction. Corner lot also means a lot having a boundary line at a point where a road or highway changes direction by a minimum of 45 degrees within the boundaries of the lot; 32. COUNCIL mean the Council of the Village of Glendon; 33. COVERAGE means the sum of the ground floor areas of all buildings on a lot divided by the area of the lot; 34. DATE OF ISSUE means the date on which the notice of a decision of the Development Authority is published, or five (5) days after such a notice is mailed; 35. DAYCARE FACILITY means a provincially licensed development providing daytime personal care, maintenance and supervision to seven (7) or more children under the age of eleven (11) years, by persons unrelated to the children by blood or marriage, but does not include overnight accommodation. Day care facilities include day care centres, day nurseries, kindergartens, nursery school, and play schools and after school or baby-sitting programmes which satisfy this definition. Day care facilities shall not include a day home, a family care facility, a group care facility, or a school operated by a School Division; 36. DAY HOME means a development operated from a dwelling supplying supervision to a maximum of six (6) children under the age of eleven (11) years or senior citizens, including any resident children and seniors, for periods of more than three (3) but no more than fourteen (14) consecutive hours. A day home may supply an outside recreation space that is both fenced and gated, and shall meet all fire regulations and health regulations; 37. DECK means any open structure attached to a building having a height greater than 0.6 m (2.0 ft.) above grade, and thereby requiring stairs and railings as outlined in regulations approved under the Safety Codes Act. A deck shall not have walls higher than 1.25 m (4.1 ft.) or a roof; 38. DENSITY means a measure of the average number of persons or dwelling units per unit of area; 39. DEVELOPER means an owner, agent or any person, firm or company required to obtain or having obtained a development permit; 40. DEVELOPMENT means: a. an excavation or stockpile and the creation of either of them; or b. a building or an addition to or replacement or repair of a building and the construction or placing of any of them in, on, over or under land; or c. 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 d. a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building; and without restricting the generality of the foregoing, includes: e. in the case of a lot used for residential purposes, alterations made to a building or an additional building on the lot whether or not the building is a dwelling or part of a dwelling unit; f. in the case of a lot used for other than residential purposes, alterations or additions made to a building on the lot or a use of the lot which would increase either the capacity of the building or the intensity of use of the lot; g. the display of advertisements or signs on the exterior of a building or on any land; h. the deposit of earth, debris, waste materials, refuse, or any other material on any land, including land already being used for that purpose, or if the natural topography or drainage is altered; i. any increase in the number of households occupying and living in any building or on any site, and any construction or alterations or additions which would provide for an increase in the number of households which could occupy and live in any building or on any site, including any increase in the number of dwelling units in a building or on a site; j. the placing of refuse or waste material on any land; k. the use of land for the storage or repair of motor vehicles or other machinery or equipment; l. the continued use of land or of a building for any purpose for which it is being used unlawfully when this Bylaw comes into effect; m. the demolition or removal of a building; n. the placement of an already constructed or a partially constructed building on a parcel of land; o. the use of land for the parking of trailers, bunk houses, portable dwellings, skid shacks, or any other type of portable building whatsoever, whether or not the same has been placed or affixed to the land in any way; p. the removal of topsoil from land; q. the recommencement of the use to which land or a building has been previously put if that use has been discontinued for a period of more than six months; or r. the use of land for storage purposes or for the repair of equipment, vehicles or other kinds of machinery; 41. DEVELOPMENT AUTHORITY means the development authority of the Village as established by the Village's Development Authority Bylaw; 42. DEVELOPMENT AUTHORITY OFFICER means the development authority officer of the Village as established by the Village's Development Authority Bylaw; 43. DEVELOPMENT PERMIT means a document authorizing a development issued pursuant to this Land Use Bylaw; 44. DISCONTINUED means the time at which, in the opinion of the Development Authority, substantial construction activity or use, whether conforming or not conforming to this Bylaw, has ceased; 45. DISCRETIONARY USE means the use of land or a building provided for in this Land Use Bylaw for which a development permit may be issued upon an application having been made; 46. DOMESTIC PETS means animals which are not livestock as defined in the Agricultural Operation Practices Act and which are often kept within a dwelling unit. Such animals include dogs, cats, and similar animals. Laying hens are not considered domestic pets; 47. DRINKING ESTABLISHMENT means a development possessing a Class A Minors Prohibited liquor license, where the sale and consumption of liquor on site are open to the public and where alcohol, rather than food, is the predominant item consumed; A drinking establishment does not include an entertainment establishment; 48. DRIVE-IN BUSINESS means a development which serves customers traveling in motor vehicles driven onto the site where such business is carried on, where normally the customer either remains in the vehicle for service, or parks the vehicle for a short period for the purpose of doing business at the premises. Drive-in businesses include service stations, gas bars, drive-in restaurants, drive- through vehicle service establishments such as lubrication shops, recycling depots, and car washes; 49. DRIVE-IN RESTAURANT means an eating and drinking establishment which is designed as a drive-in business. Drive-in restaurants may have one or more of the following features: car attendant services, drive- through food pickup services, or parking primarily intended to allow for the on-site consumption of food within a motor vehicle; 50. DUPLEX means a dwelling containing two (2) dwelling units which share a common wall, and which are located in part or in whole one above the other; 51. DWELLING means any building used exclusively for human habitation. This definition shall include single detached dwellings, duplexes, semi-detached dwellings, row housing, apartments, and manufactured homes; 52. DWELLING UNIT means a complete dwelling or self-contained portion of a dwelling, set or suite of rooms which contains sleeping, cooking and separated or shared toilet facilities, intended for domestic use, and used or intended to be used permanently, semi-permanently, or seasonally as a residence for one (1) household, and which, except for a secondary suite, is not separated from direct access to the outside by another separate dwelling unit; 53. DWELLING, SINGLE DETACHED means a building consisting of one (1) dwelling unit. A single detached dwelling is a dwelling which is normally constructed on-site. However, a single detached dwelling may be constructed in pieces off-site, or even in one piece, with the piece(s) being transported to the site for assembly on-site, and thus may be a modular dwelling; 54. EATING AND DRINKING ESTABLISHMENT means a development where food and/or beverages are prepared and offered for sale to the public, for consumption within the premises, at an accessory outdoor seating area on the site, or off the site. An eating and drinking establishment does not include either a drinking establishment or an entertainment establishment unless otherwise provided for in an approved development permit; 55. ENTERTAINMENT ESTABLISHMENT means a development where persons are entertained by music, theatre, or the like. An entertainment establishment includes theatre, dancing or cabaret entertainment, whether recorded or live. An eating and drinking establishment may contain within it an entertainment establishment, but only if specifically provided for in an approved development permit; 56. EQUIPMENT RENTAL ESTABLISHMENT means a development where tools, appliances, recreation craft, office machines, furniture, light construction equipment, or similar items are rented and serviced. Equipment rental establishments do not include developments where motor vehicles or industrial equipment are rented or serviced; 57. EXCAVATION means any breaking of ground, except common household gardening and ground care; 58. EXTENSIVE AGRICULTURE means the use of land or buildings, including one dwelling, for an agricultural operation, but not including intensive agriculture or a confined feeding operation which requires either a registration or an approval under Part 2 of the Agricultural Operations Practices Act; 59. EXTENSIVE RECREATION means a development where the prime reason for location is to take advantage of natural features including the availability of large areas of land to provide for non-facility oriented recreational activities. In the context of a large area of land, that is, anything over 32 ha (79.1 ac.), extensive recreation may include such activities as hunting, trail riding, snowmobiling, hiking and other similar uses. In the context of a smaller area of land, that is, anything under 32.0 ha (79.1 ha), extensive recreation may include the provision of opportunities for viewing nature, fishing, relaxation, and rest, and may or may not include a site where only one or two recreational vehicles or campsites may be located, and/or one cottage, single detached dwelling or manufactured home; 60. EXTERIOR WALL means the outermost point of a building projection, including, but not limited to, bay windows, oval windows, bow windows, chimneys and verandas, but not including roof overhangs less than 0.6 m (2.0 ft.); 61. FAMILY CARE FACILITY means a facility which provides resident service in a dwelling to six (6) or fewer individuals who are not related to the resident household. These individuals are physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not group homes; 62. FENCE means a vertical physical barrier constructed to try to reduce sound or visual intrusion or to limit unauthorized access; 63. FLOOR AREA means the total area of all floors of a building above grade within the outside surface of exterior walls or within the glassline of exterior walls and the centreline of fire walls, but not including the floor area of basements, attached garages, sheds, open porches or breezeways, except that all dwelling units in and apartment shall be included in the calculation of floor area; 64. FLOOR AREA RATIOmeans the ratio or decimal resulting from dividing the floor area of all buildings by the total site area of the parcel on which the buildings are located; 65. FREESTANDING PORTABLE SIGN means a sign on a standard or column fixed to its own self-contained base and capable of being moved manually; 66. FRONT LINE means the boundary line of a lot lying adjacent to a highway or road. In the case of a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be considered the front line; 67. FRONT YARD means a yard extending across the full width of a lot from the front line of the lot to the nearest wall of the main building situated on the lot; 68. FUR FARM means any land, building, or premises used for the keeping, breeding, or rearing of furbearing livestock; 69. GARAGE means a building to be used for the storage of vehicles such as a passenger car, a truck with a gross vehicle weight of 2 tonnes or less, a recreational vehicle, a boat, or similar chattels; 70. GARAGE SUITE means a self-contained dwelling located above a rear detached garage which is accessory to a single detached house. Garage suites have a separate entrance from the vehicle entrance to the rear detached garage, either from a common indoor landing or directly from the exterior of the structure. Garage suites do not include secondary suites or garden suites; 71. GENERAL RETAIL ESTABLISHMENT means a development where, among other goods, groceries, beverages, household goods, furniture, appliances, home improvement supplies, hardware, printed matter, confectionary, tobacco, pharmaceutical, personal care items, automotive parts and accessories, electronic equipment, recordings, office equipment, stationary, second hand goods, and similar goods are bought, rented, and/or sold, except for any and all types of alcoholic beverages. Minor public services, such as postal services and film processing depots may also be provided; 72. GOVERNMENT SERVICE means a development where municipal, provincial, or federal government services are provided directly to the public. Government services do not include protective and emergency services, major and minor utility services, and public education facilities. Government services may include government administration offices, courthouses, postal distribution offices, manpower and employment offices and social services offices; 73. GRADE means the ground level adjacent to the exterior walls of a building. If the ground is not entirely level, the grade shall be the average of the elevation of the ground around the perimeter of the building; 74. GREENHOUSE means a commercial establishment, with or without a building, where vegetables, flowers and other plants are grown for sale as plants, and which may include a market garden or plant nursery; 75. GROUP CARE FACILITY means a facility which provides resident services to seven (7) or more individuals of whom one or more may be related. These individuals are physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not group homes; 76. GROUP HOME means a building or portion of a building used for the care or rehabilitation or adults or children which is not predominantly related to age or a physical disability or the care or rehabilitation of the aged or the physically disabled. Group homes include halfway houses, addiction rehabilitation centres, care which is an alternative to legal incarceration, or treatment for mental illness or mental instability; 77. GUEST HOUSE means an accessory building to a single detached dwelling, which contains a dwelling unit or part of a dwelling unit which is used solely by the occupant(s) or by temporary guests of occupants. 78. HEALTH SERVICE means a development where physical or mental health services are provided on an out- patient or on an in-patient basis. If the services are provided on an in-patient basis, health service may include room and board for the sick, injured, or infirm, and may also include accessory staff residences. Such services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. Health services include medical, chiropractic, and dental offices, health clinics and counseling services, hospitals, sanitariums, nursing homes, convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification centres; 79. HEAVY INDUSTRIAL USE means a development which would be considered to be a light industrial use except that, in the opinion of the Development Authority, the development may not be able to co-exist compatibly in proximity to other uses or population concentrations due to: the potential for an adverse environmental impact beyond the immediate site of the medium industrial use; the potential for significant toxic or noxious by-products such as air or water-born emissions; or the potential to emit significant noise, smoke, dust, odour, vibration, etc., which may be offensive or hazardous to human health, safety or well-being. Heavy Industrial uses also include: the storage of toxic, flammable or explosive products in significant quantities; rendering plants, petro-chemical industrial establishments, and alfalfa processing plants or large-scale outdoor storage that is unsightly or visually offensive; 80. HEAVY TRUCK AND EQUIPMENT STORAGE means the on-lot storage, inside a single accessory building, of heavy trucks and equipment owned and operated by a resident or residents of the single detached dwelling or manufactured home situated on the same lot. The storage building for these purposes, which may be allowed in addition to a vehicle garage and other accessory buildings not related to heavy truck and equipment storage use, shall be no larger than 300.0 m2 (3,229 ft.2) and be designed to match or complement the single detached dwelling or manufactured home to the satisfaction of the Development Authority; 81. HEIGHT means, when used in relation to a building, the vertical distance between the grade and the highest point of a building that is not a stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall, or a flagpole, or similar device not structurally essential to the building; 82. HIGHWAY means a highway as defined in the Public Highways Development Act, R.S.A. 2000; 83. HIGHWAY COMMERCIAL means a commercial use intended to serve the motoring public and includes, but is not limited to, service or gas stations, drive-in restaurants, and motels; FIGURE 2: HEIGHT 84. HOME OCCUPATION means any occupation, trade profession, or craft carried on by an occupant of a dwelling as a use secondary to the residential use of the building, and which does not change the character of or have any exterior evidence of such secondary use other than a sign as allowed in this Bylaw. For the purposes of this Bylaw, home occupations are divided into two sub- classifications - major home occupations and minor home occupations - with specific regulations for each as indicated in this Bylaw. A minor home occupation does not include any business which would normally attract more than five (5) clients per week, or the employment at the dwelling or accessory buildings of any paid assistant, other than the occupants of the dwelling. A major home occupation may include a business which would normally attract more than five (5) clients per week, but does not include the employment at the dwelling or accessory buildings of more than two (2) paid assistants, other than the occupant(s); 85. HOTEL means a building containing rentable units, occupied or equipped to be occupied as a temporary abode for tourists or transients, which also may contain a general retail establishment, a drinking establishment, or an eating and drinking establishment; however, a hotel shall not include an entertainment establishment unless specifically provided for in an approved development permit. A hotel shall not include a workcamp; 86. HOUSEHOULD means: a. a person; or b. two (2) or more persons related by blood, marriage, a common law relationship, or adoption; or c. a group of not more than five (5) persons who are not related by blood, marriage, or adoption; all living together as a single housekeeping group and using cooking facilities shared in common. A household may also include bona fide servants, up to two (2) boarders or lodgers, or up to four (4) foster children; 87. HOUSEHOLD REPAIR SERVICE means a development where goods, equipment and appliances normally found within a dwelling unit may be repaired. Household repair services include radio, television, appliance and electronics repair shops, and furniture refinishing and upholstery shops, but not personal service shops. Household repair services do not have any outdoor storage; 88. INDOOR RECREATION FACILITY means a development for sports and active recreation within an enclosed building. Indoor recreation facilities include such facilities as ice arenas, gymnasiums, curling rinks, swimming pools, and similar, though smaller, facilities. As well, indoor recreation facilities may also include meeting rooms and eating and drinking establishments as accessory uses; 89. INDUSTRIAL VEHICLE AND EQUIPMENT SALES/RENTAL ESTABLISHMENT means a development where new or used heavy vehicles, machinery or mechanical equipment typically used in building, roadway, pipeline, oilfield, and mining construction, manufacturing, assembling, and processing operations and/or agricultural operations are sold or rented, together with incidental maintenance services and sale of parts. Industrial vehicle and equipment sales/rental establishments do not include truck and recreational vehicle sales/rental establishments or automotive and minor recreational vehicles sales/rental establishments; 90. INSTITUTIONAL USEincludes but is not limited to hospitals, public offices, educational facilities, religious assemblies, libraries and senior citizen homes; 91. INTENSIVE AGRICULTURE means an agricultural operation which operates on an-intensive basis. Without restricting the generality of the foregoing, this shall include nurseries, greenhouses, and kennels, but not confined feeding operations; 92. INTENSIVE RECREATION means high density recreational activities such as campgrounds, picnic grounds, fishing lodges, beach areas, marinas, riding stables, race tracks, sports fields, golf courses, arenas, swimming pools, tennis courts and other similar activities; 93. KENNEL means a development in which four (4) or more domestic pets over six (6) months in age are maintained, boarded, bred, trained or cared for or kept for purposes of sale; 94. LANDFILL means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards. A landfill shall be owned by either a municipal corporation or agency or by a municipally-owned corporation or agency; 95. LANDSCAPING means lawns, trees, shrubs, ornamental plantings, fences, walks, or other structures and materials used in modern landscape architecture; 96. LANE means a right-of-way on which motorized vehicles are normally allowed to operate which is 10 m (32.8 ft.) or less in width; 97. LATTICE TOWER means a non-solid structure made up of vertical, horizontal an diagonal members assembled in triangular or square faced sections that can be stacked to obtain height. The structure can stand by itself (self-supporting), on a foundation, or it may be of the type requiring supporting assistance of cables (guyed tower); 98. LIBRARY AND CULTURAL EXHIBIT means a development where literary, artistic, municipal and/or similar reference materials in the form of books, manuscripts, recordings and films are stored, collected, available, and distributed for public use, viewing, or enjoyment; or a development where works or objects of historical, scientific or artistic value are collected, preserved and exhibited to the public. Libraries and cultural exhibits includes libraries, museums, and art galleries; 99. LIGHT INDUSTRIAL USE means a development which, in the opinion of the Development Authority, may be able to co- exist compatibly in proximity to other uses or population concentrations. Light industry is usually less capital intensive than heavy industry, and is more consumer-oriented than business-oriented. Light industries require only a small amount of raw materials, area and power. For further clarification it means where: a. raw materials are processed; and/or b. semi-finished or finished goods, products or equipment are manufactured and/or assembled; and/or c. materials, goods and equipment normally associated with industrial or commercial business are cleaned, serviced, repaired, salvaged, and/or tested; and/or d. goods and equipment associated with personal or household use are cleaned, serviced, and/or repaired; and/or e. materials, goods and equipment are stored and/or transhipped; and/or f. materials, goods and equipment are distributed and/or sold to institutions and/or industrial and commercial businesses for their direct use and/or to general retail establishments and/or other retail establishments for resale to individual customers; and/or g. personnel are trained in general industrial operations; in such a manner, in the opinion of the Development Authority, that an adverse environmental impact is not created beyond the immediate site of the general industrial use, which does not produce significant toxic or noxious by-products, and which is compatible with other industrial and commercial uses in a concentrated setting. General industrial uses include motor vehicle body and paint shops, but do not include the preparation of food and/or beverages for direct sale to the public. Any indoor display, office, technical or administrative support areas or any retail sale operations shall be accessory and subordinate to the general industrial use activities identified above. The floor area devoted to such accessory activities shall not exceed a total of thirty- three percent (33%) of the total floor area of the building or buildings devoted to the general industrial use, except that this restriction shall not apply where, in the opinion of the Development Authority, a significant portion of the industrial activity naturally and normally takes place out of doors. 100. LIQUOR STORE means a development or a part of a development used for the retail sale of any and all types of alcoholic beverages to the public for consumption off premises. This use may include the retail sales of related products such as soft drinks and snack foods; 101. LIVESTOCK means livestock as defined in the Agricultural Operation Practices Act; 102. LIVESTOCK SALES YARD means any enclosed area of land, with or without accessory buildings or structures, upon which livestock is collected for sale or for market distribution; 103. LIVING QUARTERS means the developed area within a dwelling but does not include basement, garage or carport, patio, or atrium; 104. LOT means a. a quarter section; b. a river lot, lake lot, or settlement lot shown on an official plan referred to in the Surveys Act that is filed or lodged in a Land Titles Office; c. a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision or d. a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title by reference to a plan of subdivision; 105. LOT WIDTH means the length of a line parallel to the front line or, in a lot with a curved front line, perpendicular to a line running between the mid-point of the front line and the mid-point of the rear line, measured at a distance from the front line equal to the minimum required front yard; 106. MAIN BUILDING means a building in which is conducted the main or principle use of the site on which it is erected; 107. MAIN USE means the primary purpose or purposes for which a building or lot is used; 108. MAINTENANCE means the upkeep of the physical form of any building which does not require a permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing flooring, replacing roofing materials, but will not include any activity that will increase the habitable floor area of any dwelling unit or the internal volume of any building; 109. MANUFACTURED HOME means a dwelling, manufactured in full compliance with both the Canadian Standards Association (CSA) Z-240 MH National Mobile Home Standard and the Alberta Building Code (ABC), bearing a prominently displaced CSA Z240MH Mobile Home label AND an Alberta Municipal Affairs label that certifies compliance to the ABC. Notwithstanding the requirement regarding labels, should a building not have a label, it can still be considered a manufactured home for the purposes of this Bylaw should the inspection and upgrading procedures outlined in Section 8.19 of this Bylaw be followed. A manufactured home is normally constructed off-site and then transported to its site. Upon arriving at the site for location, apart from incidental operations such as placement on a foundation and connection of utilities, it is ready for year round use as a dwelling for one household. However, a manufactured home may be entire constructed on-site; 110. MANUFACTURED HOME PARK means a parcel of land under single ownership which has been planned and divided into rentable spaces or lots for the long term accommodation of manufactured homes; 111. MANURE STORAGE FACILITY means a manure storage facility ad defined in the Agricultural Operation Practices Act; 112. MAY is an operative word meaning a choice is available, with no particular direction or guidance intended; 113. MOBILE HOME see "manufactured home"; 114. MODULAR DWELLING means a dwelling constructed in large sections, away from the home site, and under controlled conditions. It does not refer to a type of dwelling but rather to a method of construction; FIGURE 3: LOT TYPES 115. MOTEL means a development where members of the travelling public are lodged for brief periods of time, normally not exceeding seven (7) days, in rentable units, and where access to each of the rentable units is individually available from grade, either at grade or via stairways. A motel may include minor eating and drinking establishments and convenience retail stores, but shall not include a liquor store, an entertainment establishment, or an establishment where there is a dance floor. A motel shall not include a workcamp; 116. MUNICIPAL PLANNING COMMISSION means the Municipal Planning Commission appointed pursuant to Village's Municipal Planning Commission Bylaw and the Act; 117. MUNICIPALITY means the Village of Glendon, unless otherwise noted; 118. MUST is an operative word, which means, similarly to the word shall, that an action is imperative or mandatory; 119. NATURAL AREA means an area of land and/or water especially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means. Areas such as groomed parks, recreational areas for sports, and schoolyards are not included in this definition; 120. NATURAL RESOURCE EXTRACTION INDUSTRY means an industry engaged in the extraction of natural resources such as trees, clay, sand and gravel, limestone, shale, coal, and other minerals including petroleum and natural gas and which may include bringing these together with other elements such as power or water into integrated processes for the purpose of primary treatment into a marketable form; 121. 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 this land use bylaw becomes effective does not, or when constructed will not, comply with this land use bylaw; 122. NON-CONFORMING USE means a lawful specific use a. being made of land or a building or intended to be made of a building lawfully under construction, at the date a land use bylaw affecting the land or building becomes effective, and b. that on the date this land use bylaw becomes effective does not, or in the case of a building under construction will not, comply with this land use Bylaw; 123. NUISANCE means any act or deed, or omission, or thing, which is or could reasonably be expected to be annoying, or troublesome, or destructive or harmful, or inconvenient, or injurious to another person and/or their property, or anything troublesome or bothersome to other people for which complaints are received either by the Municipality's office or the Royal Canadian Mounted Police, whether or not such act or deed or omission or thing constitutes nuisance at common law; 124. OBNOXIOUS means, when used with reference to a development, a use which by its nature, or from the manner of carrying on the same, may, in the opinion of the Development Authority, create noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which, in the opinion of the Development Authority, may be or may become a nuisance, or which adversely affects the amenities of the neighbourhood, or which may interfere with the normal enjoyment of any land or building; 125. OCCUPANCY means the use or intended use of a building or part thereof for the shelter or support of persons or property; 126. OCCUPANT means any person occupying or having control over the condition of any property and the activities conducted on any property, be such person the owner, lessee, tenant or agent of the owner or whether such person resided thereon or conducts a business thereon; 127. OFF-STREET means, when used as an adjective, that the defined thing is not located on a road or highway, but rather a lot, and, further, that it is not directly accessory to a particular use or development on a lot; 128. OFFENSIVE means, when used with reference to a development, a use which by its nature, or from the manner of carrying on the same, creates or is liable to create by reason of noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which, in the opinion of the Development Authority, may be or may become hazardous or injurious to health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment of any land or building; 129. OFFICE USE means a development where government, professional, management, administrative, consulting, and financial services may be provided. Office uses include the offices of lawyers, accountants, engineers, architects, and realtors. Office uses also include insurance firms; clerical, secretarial, employment and telephone answering and similar office support services; banks, credit unions, loan offices and similar financial institutions; the offices of governmental and public agencies; 130. OPEN SPACE means land and water areas which are retained in an essentially undeveloped state and often serve one or more of the following uses: conservation of resources; ecological protection; recreation purposes; historic or scenic purposes; enhancement of community values and safety; maintenance of future land use options; 131. OUTDOOR STORAGE means a development where, in the opinion of the Development Authority, goods, materials, or equipment are or may be placed outside of a building on a more or less permanent or continuous basis; 132. OWNER Means: 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 any other land, the person shown as the owner of land on the municipality's assessment role prepared under the Act; 133. PARCEL OF LAND means the aggregate of one or more areas of land described in certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office; 134. PARK MODEL means a type of recreational vehicle. However, for the purposes of this Bylaw, park models are not allowed in any District within this Land Use Bylaw unless either recreational vehicles or recreational vehicle parks are listed as a permitted or a discretionary use within the District, and, further, that a park model has been specifically identified and approved by the Development Authority within an approved development permit. As well, park models shall not be used as dwellings within the municipality. There are a number of types of park models. Currently, two types described below are recognized by the recreational vehicle industry: a. Park Model Trailer 102 is a unit designed to be towed by a heavy-duty tow vehicle (auto, van, pick-up truck, etc.) but is of restricted size and weight so that it does not require a special highway movement permit. The maximum width when being towed is 2.6 m (8.5 ft.). These units are designed for infrequent towing, and are not normally fitted with a 12-volt system for fixtures and appliances. Once on site in the set-up mode it normally must be connected to the local utilities. This style is normally built on a single chassis mounted on wheels. It usually has one or more slide-outs, but when in set-up mode the gross trailer area normally does not exceed 37.2 m2 (400 ft.2). It conforms to the CSA Z-240 Standard for recreational vehicles. b. Park Model Recreational Unit is a unit built on a single chassis mounted on wheels, which may be removed and returned to the factory. The unit is designed to facilitate occasional relocation, with living quarters for a temporary residence or seasonal use, and normally must be connected to those utilities necessary for the operation of installed fixtures and appliances. It normally has a floor area, including lofts, not exceeding 50 m2 (540 ft.2) in the set-up mode and has a width greater than 2.6 m (8.5 ft.) in the transit mode. Park Model recreational units almost always require a special tow vehicle and a special permit to move on the road as the width of the unit is greater than 2.6 m (8.5 ft.). It conforms to the CSA Z-241 Standard for recreational vehicles. 135. PARKING AREA means the area set aside for the storage and/or parking of vehicles. Components of parking areas include parking spaces, loading spaces, aisles, entrances and exits to the parking area, and traffic islands where they are part of the parking area. A parking area may be within a building; 136. PARKING LOT means a parking area which is located on a lot and not accessory to a particular use or development; 137. PARKING SPACE means an area set aside for the parking of one (1) vehicle; 138. PATIO means any developed surface adjacent to a building on a site which is less than 0.6 m (2.0 ft.) above ground level; 139. PERMITTED USE means the use of land or a building provided for in a land use Bylaw for which a development permit shall be issued upon application having been made, provided that all of the regulations of this Bylaw, and all of the matters left to the discretion or the satisfaction of the Development Authority, have been satisfied to the satisfaction of the Development Authority; 140. PERSONAL SERVICE SHOP means a development where personal services related to the care and appearance of the body, or the cleaning and repair of personal effects are provided to persons. Personal service shops include barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments, and laundromats; 141. PRIVATE CLUB means a development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business or fraternal organization, with neither on-site dwellings nor hotel or motel rentable units. Private clubs may include eating and drinking establishments and rooms for assembly; 142. PROTECTIVE AND EMERGENCY SERVICES means a development where the administration of the protection of persons and property from injury, harm or damage takes place, and where the equipment necessary for such activities is stored, maintained, and supplied. Protective and emergency services include police stations, detention centres, fire stations, and accessory training facilities; 143. PUBLIC EDUCATION FACILITY means a development where educational, training, or instruction occurs under the auspices of a School Division or under the auspices of an organization authorized by the Province to provide education similar to that which would be provided by a School Division. Public education facilities include the administration offices, storage, and maintenance operations of the School Division. Public education facilities include public and separate schools, community colleges, universities, technical and vocational schools, and private academies or "charter schools", and their administrative offices and maintenance facilities; 144. PUBLIC OR QUASI-PUBLIC BUILDING means a building which is owned or leased by a department or agency of the federal or provincial government, or the Municipality for purposes of public administration and services and shall also include a building for the purpose of assembly, instruction, culture or enlightenment, or for community activities; 145. PUBLIC OR QUASI-PUBLIC USE means a use by a department or agency of the federal or provincial government, or the Municipality, for public administration and services and shall also include uses for the purpose of assembly, instruction, culture or enlightenment, or for community related activities; 146. PUBLIC PARK means a development designed or reserved for active or passive recreational use, including all natural and man-made open space and landscaping, facilities, playing fields, and buildings that are consistent with the general purposes of recreation, whether or not such recreational facilities are public operated or operated by other organizations pursuant to arrangements with the public authority owning the public park. Public parks include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields; 147. PUBLIC-SERVING RECREATION AREAS means a campground, day use area, picnic site, lodge, hiking and skiing trail and other similar uses as developed by either private or public interests; 148. PUBLIC UTILITY means a public utility as defined in the Act; 149. PUBLIC UTILITY BUILDING means a building in which the proprietor of a public utility, as defined in the Act, maintains its office or offices and/or maintains or stores any equipment used in connection with the public utility; 150. REAR LINE means the boundary line of a lot lying opposite to the front line of the lot and/or farthest from a highway or road; 151. REAR YARD means a yard extending across the full width of a lot from the nearest wall of the main building situated on the lot, to the rear line of the lot; 152. RECREATION CAMP means a development that contains accommodation facilities and is used wholly or partly for recreational purposes, and without limitation, includes trail riding ranches and guest ranches, rural experience camps, survival training camps, fishing and hunting camps, religious camps and camps for disabled persons; 153. RECREATION USE means a recreational development conducted on a unified basis on a single site where the prime reason for location may be to take advantage of natural features. A recreational use may include the provision of day to day sporting and athletic facilities and the structures incidental thereto such as ski slopes, golf courses, archery, trap and rifle ranges, racetracks, boating, swimming, picnicking, athletic, and similar uses, and may include a refreshment stand incidental to the primary use. However, recreational use does not include extensive recreation, or a campground, a recreational vehicle park or a recreation camp; 154. RECREATIONAL VEHICLE means a vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motor or is mounted or drawn by another vehicle. Recreational vehicles include travel trailers, camping trailers, truck campers, 5th wheels, or motor homes, but not manufactured homes, a park model, a garage package, or a cabin on any sort of transportation device such as skids or wheels up to a maximum interior space of 75 m2 (807.3 ft.2). Any vehicle large that 75 m2 (807.3 ft.2) in interior space shall be considered to be a manufactured home for the purposes of this Bylaw; 155. RECREATIONAL VEHICLE PARK means a development on which three or more recreational vehicles are harboured, without regard to whether a fee or charge is paid or made, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such recreational vehicle park. A recreational vehicle park may include within it a campground; 156. RECREATIONAL VEHICLE STORAGE means a development which provides fenced or indoor, secure, on-site storage of more than three (3) recreational vehicles; 157. RECYCLING DEPOT means a development where bottles, cans, newspapers, and similar non-hazardous household goods are bought, sold, and temporarily stored for reuse and where all storage is contained within an enclosed building or an enclosed compound; 158. RELIGIOUS ASSEMBLY means a development where worship and related religious, philanthropic, and social activities occur. Accessory developments include rectories, manses, classrooms, and dormitories. Religious assembly includes churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries; 159. RENOVATION means an addition to, deletion from, or change to any building which does not require a permit other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act; 160. RENTABLE UNIT means a separate unit of a hotel or motel used or intended to be used for the temporary accommodation of one or more persons; 161. RENTAL CABIN means a one-room structure (not including a washroom, bathroom, or toilet) intended for short term occupancy, often rented for short period of time to the traveling or vacationing public; 162. RESIDENTIAL USE includes the occupation and use of land and buildings by and as dwellings, whether on a seasonal or year-round basis; 163. RF TECHNOLOGY means technology operating in the electromagnetic radiating frequency bands; 164. ROAD means a right-of-way on which motorized vehicles are normally allowed to operate, or a road as defined in the Act, but does not include either a highway or a lane; 165. ROOF means the top of any enclosure, above or within the vertical walls of a building; 166. ROW HOUSING means a building consisting of at least three dwelling units with each unit having direct access to the outside grade, but shall not mean apartment; 167. SEA CAN means a container, including a sea/land/rail shipping container, which is used as a storage vault. A sea can shall only be allowed on a lot and use as an accessory building and/or use to a main building or use. A sea can shall not be used for a dwelling or any part of a dwelling; and, notwithstanding any other provision of this Bylaw to the contrary, not attached, in any way, to a main building; 168. SECONDARY SUITE means a self-contained dwelling unit, clearly secondary in size to the main dwelling unit within a dwelling, which may or may not share access to the outside and/or other facilities with the main dwelling unit; 169. SEMI-DETACHED DWELLING means a building used or intended to be used for two dwelling units, located entirely side by side; 170. SENIOR CITIZENS' HOMES means a dwelling or a multiple dwelling development used for the purpose of providing accommodation and related facilities for persons of retirement age, and may be developed in conjunction with other health services or public uses. 171. SERVICE STATION means a development where gasoline, lubricating oils, and other automotive fluids and accessories for motor vehicles are bought and sold. Service stations may also include facilities for the servicing or repairing of motor vehicles, and a towing service dispatch point, but not including body repair or paint shops. Service stations which do not include an facilities for servicing or repairing of motor vehicles are often referred to as gas bars; 172. SETBACK means, depending on the context of the term, the minimum horizontal distance between buildings or a lot boundary and buildings; 173. SHALL is an operative word which means the action is obligatory; 174. SHED means a building to be used for storage; 175. SHOP means a building to be used for light industrial purposes or the storage of vehicles larger than that allowed in a garage; 176. SHOULD is an operative word which means that, in order to achieve local goals and objectives it is strongly advised that the action be taken. Exceptions shall be made only under extenuating circumstances; 177. SHOW HOME means a dwelling unit which is used temporarily for the purpose of illustrating to the public the type and character of dwelling units to be constructed in other parts of the municipality. Show homes may contain offices for the sale of other lots or dwelling units in the municipality and must be located within a dwelling which is either a permitted or a discretionary use in the District in which they are located; 178. SIDE LINE means the boundary line of a lot lying between a front line and a rear line of a lot. In the case of a corner lot, the longer of the two boundary lines adjacent to the highway or road shall be considered a side line; 179. SIDE YARD means a yard extending from the front yard of a lot to the rear yard of the lot and lying between the side line of the lot and the nearest wall of the main building; 180. SIGN means any visual medium, including its structure and other component parts, which used on a permanent or temporary basis to convey information, to advertise, or to attract attention to a product, service, place, activity, person, institution or business. Without limiting the generality of the foregoing, signs shall include banners, placards, and painted messages, but not national flags, interior window displays of merchandise, or signs painted on or attached to a licensed motor vehicle; 181. SIGN AREA means the total face area of a sign intended for the letters or graphics of the message. In the case of a double-faced sign, only half of the area of each sign face shall be used in calculating sign area; 182. SIGN, CANOPY means a sign which is part of or attached to the outside edge of a canopy but which does not extend below the bottom edge or surface of the canopy; 183. SIGN, FASCIA means a sign attached to or placed flat against an exterior vertical surface of a building, and projects no more than 0.3 m (12.0") from the surface of the building, and does not project above the roof or parapet. Fascia signs are also called wall signs; 184. SIGN, FREESTANDING means a sign supported by one or more uprights, braces or pylons, and stands independently of another structure; 185. SIGN, INFLATABLE means a sign made of flexible material or fabric that is made to take on a three-dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas. Commonly used as a temporary sign for special events or promotions; 186. SIGN, OFF-SITE means a sign that advertises goods, products, services or facilities not available on the site where the sign is located, and which may also direct persons to another location; 187. SIGN, PROJECTINGmeans a sign affixed to a building or part thereof and extending beyond the building by more than 0.3 m (1.0 ft.). This does not include a sign attached to the ground; 188. SIGN, ROOF means a sign erected upon, against or directly above the roof of a building or the top of a parapet wall; 189. SIGN, TEMPORARY/ PORTABLE means a sign on a standard or column fixed to its own self-contained base and capable of being moved manually; FIGURE 4: CANOPY SIGNS FIGURE 5: FASCIA SIGNS FIGURE 7: PROJECTING S 190. SIGN, UNDER CANOPY means a sign which is attached to the bottom surface or edge of a canopy; 191. SIMILAR USE means a use which, in the opinion of the Development Authority, closely resembles another specified use with respect to the type of activity, structure and its compatibility with the surrounding environment; 192. SITE means an area of land designed to accommodate, and intended to be rented for, a tent or recreational vehicle or cabin; 193. SOLAR ARRAY means multiple solar panels use in conjunction to produce electricity; 194. SOLAR PANEL, FREESTANDING means a device which is used to convert energy contained within the sun's rays into electricity, which is not mounted or attached to any other structure for support; 195. SOLAR PANELS, ROOF MOUNTED means a device which is used to convert energy contained within the sun's rays into electricity, which is located, mounted, or attached to the roof of a structure; 196. STALL means an area of land upon which a manufactured home is to be located, and which is reserved for the exclusive use of the residents of that particular manufactured home, located within a manufactured home park; 197. STOREY means the space between one floor of a multi-storey building and the next floor above it. The upper limit of the top storey shall be the ceiling above the topmost floor. A basement shall not be considered a storey; 198. STRUCTURAL ALTERATIONS means the addition to, deletion from, or change to any building which requires a permit other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act; 199. SUBDIVISION AND DEVELOPMENT APPEAL BOARD means a Subdivision and Development Appeal Board appointed pursuant to Village's Subdivision and Development Appeal Board Bylaw and the Act; 200. SUBDIVISION AUTHORITY means the Subdivision Authority established pursuant to the Act through the municipality's Subdivision Authority Bylaw; 201. SUBSTANDARD LOTmeans any lot which is smaller, in area or in any dimension, than the minimum area or dimension stipulated in the regulations of the District in which the lot is located; 202. SURVEILLANCE SUITE means a dwelling unit on a parcel of land which is incidental to and contained within a main building, or which located in a separate building and is incidental to the main use, used to accommodate a person or persons whose function is to provide surveillance for the maintenance and security of the development. Surveillance suites do not include single detached dwellings, manufactured homes or park models; FIGURE 9: ROOF SIGN FIGURE 8: TEMPORARY/P 203. TEMPORARY DEVELOPMENT means a development for which a development permit has been issued and which is to exist for a limited time only; 204. TIE DOWN means an apparatus which firmly secures a manufactured home to the ground. This apparatus usually consists of steel cables attached to the manufactured home and concrete pylons strategically placed on the accommodating site; 205. TRUCKING AND CARTAGE ESTABLISHMENT means a development where goods shipped by truck are transferred from one truck to another, or where trucks are dispatched to pick up and/or deliver goods. Trucking and cartage establishments may include dispatch offices or storage compounds for the temporary storage of goods, and include moving or cartage firms involving vehicles with a gross vehicle weight of more than 3,000.0 kg (6,613.9 lbs.); 206. UNDEVELOPED LOTmeans a lot which does not contain a residence, building or structure; 207. UNIT other than when referred to as a dwelling unit, means an area of land or a building designated as a unit in a condominium plan; 208. USE means the purpose or activity for which a site, a parcel of land, or a lot and any buildings located on it are designed, arranged, developed, or intended, or for which it is occupied or maintained; 209. VEHICLE REPAIR ESTABLISHMENT, SMALL AND MEDIUM means development used for the servicing and mechanical repair of automobiles, motorcycles, snowmobiles, recreational vehicles, and trucks, including the sale, installation or servicing of related accessories and parts. This use class includes transmission shops, muffler shops, tire shops, automotive glass shops, upholsterer shops, and body repair and/or paint shops which provide services to vehicles and equipment with a gross vehicle weight rating less than 4,000.0 kg (8,818.5 lbs.), or a length less than 6.7 m (22.0 ft.); 210. VEHICLE REPAIR ESTABLISHMENT, HEAVY means development used for the servicing and mechanical repair of automobiles, motorcycles, snowmobiles, recreational vehicles, and trucks, including the sale, installation or servicing of related accessories and parts. This use class includes transmission shops, muffler shops, tire shops, automotive glass shops, upholsterer shops, and body repair and/or paint shops which may provide services to vehicles and equipment with a gross vehicle weight rating equal to or greater than 4,000.0 kg (8,818.5 lbs.), or a length equal to or greater than 6.7 m (22.0 ft.); 211. VETERINARY CLINIC means a development where domestic pets are cared for and treated, including hospitalization for fewer than four (4) days. Veterinary clinics may also treat livestock, but they will be treated via out-patient care. All animals shall be kept within an enclosed building; 212. WAREHOUSE SALES ESTABLISHMENT means a development where bulky goods are sold from within an enclosed building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer. Warehouse sales establishments include furniture stores, carpet stores, major appliance stores, and building materials stores; 213. WIND ENERGY CONVERSION SYSTEM, LARGE means one or more buildings designed to convert wind energy into mechanical or electrical energy and which has a rated capacity equal to or greater than 300 kW; FIGURE 10: SURVEILLANCE S 214. WIND ENERGY CONVERSION SYSTEM, MICRO means a small-scale wind turbine, which is small is height and diameter and can be installed on the roof of a building or structure; 215. WIND ENERGY CONVERSION SYSTEM, SMALL refers to a wind energy conversion system (WECS) consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 300 kW, and which is intended to provide electrical power for use on-site (either behind the meter or off-grid) and is not intended or used to produce power for resale; 216. WIND TURBINE TOWER refers to the guyed or freestanding structure that supports a wind turbine generator; 217. WIND TURBINE TOWER HEIGHT Is height above grade of the fixed portion of the wind turbine tower, excluding the wind turbine and rotor; 218. WIRELESS COMMUNICATION FACILITY means a facility that provides communication service using RF technology to transmit and receive voice, picture, text and data, in either digital or analogue form, on system of elevating support structures. These structures include monopoles, lattice towers (self-supported or guyed) or other configurations as well as, although not limited to, shelters, transmitters, receivers, antennas, antenna mounts, transmission lines, waveguides, transmission line supporting equipment and material, aeronautical obstruction lights, antenna de-icing equipment, antenna power dividers and matching equipment, combiners and utility power equipment, conditioners and backup power systems; 219. WORKCAMP means a temporary residential complex used to house workers, usually but not necessarily for a contracting firm or project, on a temporary basis of more than twenty-eight (28) days and less than one (1) year. A workcamp is usually made up of a number of buildings, clustered in such fashion as to provide sleeping, eating, recreation and other basic living facilities; 220. YARD means a part of a parcel upon or over which no building is to be erected unless otherwise provided for in this Bylaw. 2 All other words and expressions have the meanings respectively assigned to them in the Act or in common law. 3. DEVELOPMENT3.1 CONTROL OF DEVELOPMENT 1 No development other than that designated in Section 3.2 shall be undertaken within the Village unless an application for it has been approved and a development permit has been issued. 3.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 1 The following development shall not require a development permit: a. the carrying out of works of maintenance or repair to any building, provided that such works do not include structural alterations or major works of renovation that would require a building permit; b. the completion of a building which was lawfully under construction at the date of the first publication of the notice required by the Act, provided that the building is completed in accordance with the terms of any permit granted in respect of it and subject to the conditions to which such permit was granted, and provided also that the building, whether or not a permit was granted in respect of it, is completed within a period of twelve (12) months from the said date of the first publication of the notice; c. the use of any such buildings as referred to in subsection 3.2.1.b for the purpose for which construction was commenced; d. the erection, construction, or maintenance, improvement or alteration of gates, fences or walls or other means of enclosure less than 0.9 m (3.0 ft.) in height in front yards or in side yards abutting a highway or road, and less than 2.0 m (6.5 ft.) in rear yards or in other side yards, and the maintenance, improvement and other alterations of any gates, fences or walls or other means of enclosure, unless the fencing material is razor wire. An approved development permit shall always be necessary before razor wire is used as a fencing material; e. a temporary building or sign, the sole purpose of which is incidental to the erection or alteration of a building, for which a permit has been issued under this Bylaw; f. the maintenance and repair of public works, services and utilities carried out by or on behalf of federal, provincial and municipal public authorities on land which is publicly owned or controlled; g. extensive agriculture, excepting where the following situations apply: i. where the lot is smaller than 32.0 ha (80.0 ac.) in size; or ii. where the proposed development involves a dwelling or an accessory use or building to a dwelling, or iii. where beehives are proposed; or iv. where fences for game farming are proposed within 15.2 m (50.0 ft.) of a property line adjacent to a road or highway, or within 30.0 m (98.4 ft.) of the centreline of a road or highway; or v. where other buildings and dugouts are proposed within: 1. 1.4 m (131.2 ft.) of a property line of a grid road; 2. 2.5 m (164.0 ft.) of a centreline of a minor two-lane highway; or 3. 3.7 m (230.0 ft.) of a centreline of a major two-lane highway or a multi-lane highway; h. except for beehives described in section 3.2.1.g.iii above, a building or structure with a floor area of under 10.0 m2 (107.6 ft.2) which is not on a permanent foundation; i. the erection of campaign signs for federal, provincial, municipal or school board elections on privately-owned lots for no more than thirty (30) days, or such time as regulated under provincial or federal legislation provided that: i. such signs are removed within seven (7) days after the election date; ii. such signs do not obstruct or impair vision or traffic; iii. such signs are not attached to fences, trees, or utility poles; and iv. such signs indicate the name and address of the sponsor and the person responsible for removal; j. development within a basement which does not change or add to the uses within a dwelling; k. sheds which are accessory to dwellings, which are less than 10.0 m2 (107.6 ft.2) in floor area, and which satisfy all the setback requirements of this Bylaw; l. the removal of top soil except in conjunction with a development for which a development permit has been issued; m. grading and/or landscaping where the proposed grades will not adversely affect the drainage of the subject or adjacent lots; and n. the demolition or removal of any building or structure for which erection a development permit would not be required pursuant to subsections (d) through (k) above, both inclusive. 3.3 NON-CONFORMING BUILDINGSAND USES 1 A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of six (6) consecutive months or more, any future use of the land or building must conform to this Bylaw. 2 A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non- conforming building, may not be enlarged or added to and no structural alterations may be made thereto or therein. 3 A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed upon the lot while the non-conforming use continues. 4 A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except: a. to make it a conforming building, b. for the routine maintenance of the building, if the Development Authority considers it necessary, or c. in accordance with the powers possessed by the Development Authority pursuant to the Act and this Bylaw to approve a development permit notwithstanding any non-compliance with the regulations of this Bylaw. 5 If a non-conforming building is damaged or destroyed to the extent of more than 75 percent of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with this Bylaw. 6 The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy of the land or building. 3.4 APPLICATION FOR DEVELOPMENT 1 An application for a development permit shall be completed and submitted to the Development Authority in writing, in the form required by the Development Authority, and shall be accompanied by: a. a site plan showing: i. the legal description; ii. north arrow; iii. municipal address; iv. location and dimensions of property lines; v. existing utility rights-of-way and easements; vi. fences; vii. driveways; viii. paved areas; ix. proposed the front, rear, and side yards, if any; x. any provisions for off-street loading and vehicle parking; xi. access and egress points to the site; and any encumbrance such as rights-of-way; b. building dimensions; c. a statement of the proposed uses; d. a statement of ownership of the land and the interest of the applicant therein; and e. any other information as required by the Development Authority. 2 Each application for a development permit shall be accompanied by a non-refundable application fee as established by Council. 3 The Development Authority Officer may also require additional information in order to assess the conformity of a proposed development with this Bylaw before consideration of the development permit application shall commence. Such information may include: a. the location of existing and proposed municipal and private storm and sanitary sewage collection and disposal, and water supply and distribution utilities, landscaped areas and buffering and screening; b. the height and horizontal dimensions of all existing and proposed buildings; c. outlines of roof overhangs on all buildings; d. existing and proposed elevations on the site and on adjacent sites, roads and lanes; e. post construction site and building elevations; f. floor plans, elevations and sections of any proposed buildings, including the lowest floor elevation in either the basement or on the main floor in the principal and accessory buildings; g. landscaping plans, including the location of existing and proposed trees, shrubs, grassed areas, fences, screenings, and outdoor furniture on the site and on adjacent boulevards within road rights-of-way; h. drainage plans; i. in a Residential District, the suggested location for a future driveway and garage or carport, if the application itself does not include such buildings as part of the proposal; j. future development plans for a site which is to be partially developed through the applicable development permit; k. in the case of a proposed home occupation, information concerning the number of employees, the location of any goods to be kept or stored, and an estimate of the number of client visits to be expected to the site each week; l. in the case of the placement of an already constructed or partially constructed building on a site, including a manufactured home, information relating to the age and condition of the building and its compatibility with the District in which it is to be located, including photographs of the building; m. any other information or tests required by the Development Authority, at their discretion, respecting the site or adjacent lands, including an environmental screening of the site; n. a statutory declaration indicating that the information supplied is accurate; and o. for a moved in (relocated) building or a manufacture home, the applicant pictures of the exterior of the structure. 4 In addition to the information requirements indicated above, each application for industrial development may be requested, at the discretion of the Development Authority, to be accompanied by the following information: a. type of industry; b. estimated number of employees; c. estimated water demand and anticipated source; d. estimated gas demand and anticipated source; e. type of effluent and method of treatment; f. type of air emissions and method of abatement; g. estimated noise generated by the development and method of abatement; h. estimated light generated by the development and (if necessary) method of abatement; i. transportation routes to be used and estimated traffic impact; j. reason for specific location; k. means of solid waste disposal; l. any accessory works required (pipeline, railway spurs, power lines, etc.); m. anticipated residence location of employees; n. municipal servicing costs associated with the development; o. physical suitability of site with respect to soils, slopes and drainage; p. if a subdivision is involved, the size and number of parcels and proposed phasing (if any); q. servicing requirements and provisions for meeting them; and r. costs associated with providing new or upgraded municipal services associated with the development; and/or s. any other information as may be reasonably required by the Development Authority. 5 In addition to the information requirements indicated above, the Development Authority may require for a proposed industrial use the provision of environmental assessment information and a risk assessment to assist the Development Authority in assessing the effect of the proposed development in relation to the natural and human environments, and indicate both if and how any negative matters can be mitigated. 6 In addition to any or all of the information requirements indicated above, each application for a commercial development may be required, at the discretion of the Development Authority, to be accompanied by the following information: a. physical suitability of site with respect to soils, slopes and drainage; b. the size and number of parcels and proposed phasing (if any); c. servicing requirements and provisions for meeting them; d. estimated water demand and anticipated source; e. estimated gas demand and anticipated source; f. type of effluent and method of treatment; g. type of air emissions and method of abatement; h. estimated noise generated by the development and method of abatement; i. estimated light generated by the development and (if necessary) method of abatement; j. costs associated with providing new or upgraded municipal services associated with the development; k. the requirements and provisions for employee and customer parking and for site access; l. a landscaping plan; m. cross-sections and elevations for each building; n. a list of proposed uses; and o. transportation routes and estimated traffic impact. 7 In addition to the information requirements indicated above, an application for a development permit for the excavation, stripping or grading of land that is proposed without any other development on the same land, may include with the application, the following information: a. location and area of the site where the excavation is to take place; b. existing land use and vegetation; c. the type and dimensions including average depth of the excavation to be done, and the potential, if any, to affect existing drainage patterns on and off the site; d. the depth and variation in depth of groundwater encountered in test holes, if required at the discretion of the Development Authority; e. identification of potential for outdoor noise and the discharge of substances into the air; f. the condition in which the site is to be left when the operation is complete, including the action which is to be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening erosion or dust from the site; g. an indication of all municipal servicing costs associated with the development; and h. the proposed haul route, dust control plan and expected hours of operation. 8 In addition to the information requirements indicated above, each application for a sign may be accompanied by additional information at the discretion of the Development Authority. 9 In addition to the information requirements indicated above, the Development Authority may also require any phase of an environmental assessment to determine the possible contamination of the subject site and the mitigative measures necessary to eliminate such contamination. Alternative to or in addition to the foregoing, the Development Authority may require a biophysical assessment to determine the potential effects of a proposed development on the natural environment, and the measures necessary to mitigate such effects. 10 At the sole discretion of the Development Authority Officer, any new development within an existing subdivision may be required to provide to the Development Authority, for approval, an elevation plan of the subject site which indicates where the storm water is to be directed. Storm water from the subject site is not to be directed onto adjoining properties unless appropriate drainage easements or rights-of-way are in place. If the applicant for a development permit indicates that the municipality is to verify compliance with the elevation and/or storm water management plan, the cost to verify that the lot grades have been completed according to the plan shall be included in the cost of the development permit. 11 The Development Authority may refer any application for a development permit to any person or agency for comments in writing. 12 When, in the opinion of the Development Authority, sufficient details of the proposed development have not been included with the application for a development permit, the Development Authority may, at its sole discretion, either return the application to the applicant for further details or make a decision on the application with the information it has available. A returned application shall be deemed to not have been submitted until all required details have been provided to the satisfaction of the Development Authority. 13 The Development Authority may refuse to accept an application for a development permit if the application is for a similar development on the same property as a development permit which has been applied for and refused by the Development Authority or the Subdivision and Development Appeal Board within the last six (6) months. 3.5 NOTICE OF COMPLETE OR INCOMPLETE APPLICATION 1 The Development Authority Officer shall, within 20 days of the receipt of an application for a development permit, determine whether the application is complete. 2 The time period referred to in Section 3.5.1 may be extended by an agreement in writing between the applicant and the Development Authority Officer. 3 An application is complete if, in the opinion of the Development Officer, the application contains the documents and other information necessary to review the application. 4 If a Development Authority Officer determines that the application is complete, the Development Authority Officer shall issue to the applicant, by means of posted letter or electronic notification, an acknowledgment that the application is complete. 5 If the Development Authority Officer determines that the application is incomplete, the Development Authority Officer shall issue, to the applicant a notice, in writing or electronically, that the application is incomplete. This notice shall list any outstanding documents and information required to review the application, and provide a date by which the documents or information must be submitted in order for the application to be considered complete. 6 If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Section 3.5.5, the Development Authority Officer must deem the application to be refused. 7 Despite that the Development Authority Officer has issued an acknowledgment under Section 3.5.5 or Section 3.5.6, in the course of reviewing the application, the Development Authority Officer may request additional information or documentation from the applicant that the Development Authority Officer considers necessary to review the application. 3.6 DEVELOPMENT PERMITS AND PUBLIC NOTIFICATION 1 A decision of the Development Authority on an application for a development permit must be in writing and a copy of the decision, together with a written notice specifying the date on which the written decision was given and containing any other information required by the regulations, must be given or sent to the applicant on the same day the written decision is given. 2 When a development permit has been issued for a permitted use and no variance to any regulation has been granted, the Development Authority Officer shall (on the same day the decision is given) give (or send) a decision on a development permit application send a notice by regular mail of the decision to the applicant and post a notice (in accordance with the Act and a Public Notification Bylaw of the Village, if applicable), indicating the disposition of the application. Mailing the notice is not required when an applicant picks up a copy of the decision. 3 In addition to the Sections 3.6.1 and 3.6.2, within five (5) working days after a decision on a development permit application for a discretionary use or after a variance has been granted, the Development Officer shall: a. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all affected adjacent land owners, as identified on the Village Assessment Roll, to provide notice of the decision and right of appeal; and b. post notice of the decision in accordance with any other method provided for in the Act. 4 The notice indicated in Sections 3.6.2 and 3.6.3 shall state: a. the legal description and the street address of the site of the proposed development; b. the uses proposed for the subject development, c. any discretion that was granted in the approval of the development, whether by use or by interpretation of this Bylaw, and any variation or relaxation in regulation that was made by the Development Authority when the development permit was approved; d. the date the development permit was issued; and e. how an appeal might be made to the Subdivision and Development Appeal Board and the deadline for such appeal. 5 Pursuant to this Section, a permit granted pursuant to this Part does not come into effect until twenty-one (21) days after the date that notice of the decision, or development permit is received. For the purposes of this Bylaw, notice is deemed to be received on the 5th day after the date of the issuance of the decision or permit. Any development proceeded with by the applicant prior to the expiry of this period is done solely at the risk of the applicant. 6 Where an appeal is made, a development permit which has been granted shall not come into effect until the appeal has been determined and the permit has been confirmed, modified or nullified thereby. 7 If the development authorized by a permit is not commenced within twelve (12) months from the date of the date of the issue of the development permit, and completed within twelve (12) months of the commencement of the development, the permit is deemed to be void. 8 A development, once begun, shall not be abandoned or left for an extended period of time in what the Development Authority considers to be an unsightly or unsafe condition. 9 The application may be responsible for any damages to public or private property occurring as a result of development. 10 A decision of the Development Authority on an application for a development permit shall be given in writing. 3.7 OFFSITE AND ONSITE SERVICES AND IMPROVEMENTS 1 Where any on-site services or improvements, or any off-site local improvements are required to service a proposed development, a developer shall not begin the excavation for the foundation nor commence the development until the Development Authority is satisfied that such services or improvements will be undertaken. In order to satisfy the Development Authority, the developer will be required to enter into a development agreement with the Village as a condition of development permit approval. 2 All future development areas must be serviced to the satisfaction of the Development Authority. 3 All infrastructure improvement costs associated with the development will be borne by the proponent of the development. 3.8 VARIANCE PROVISIONS 1 The Municipal Planning Commission may grant a variance to reduce the requirements of any use of the Land Use Bylaw and that use will be deemed to comply with this bylaw. 2 The Municipal Planning Commission may approve an application for Development Permit even though the proposed development does not comply with the regulations of this bylaw or if the development is to be a rebuilding, an enlargement, an addition, or a structural alteration of a non-conforming building if, in the opinion of the Municipal Planning Commission: a. The proposed development would not: i. Unduly interfere with the amenities of the neighbourhood; or ii. Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and b. The proposed development conforms to the use prescribed for that land or building in this bylaw. 3 In approving an application for development pursuant to Sections 3.8.2.a and 3.8.b, the Municipal Planning Commission shall adhere to the following: a. A variance shall be considered only where warranted by the merits of the proposed development and in response to irregular parcel lines, parcel shapes or site characteristics which create difficulties in siting structures within the required setback or in meeting the usual bylaw requirements. b. Where a variance is granted, the nature of the approved variance shall be specifically described in the Development Permit approval. c. Where the issuance of a Development Permit involves the exercise of any specified discretion of the Municipal Planning Commission to relax a regulation of a district or any other regulation of this bylaw, the Municipal Planning Commission shall not permit any additional variance from that regulation. 4. SUBDIVISION4.1 SUBDIVISION APPLICATION REQUIREMENTS 1 All subdivision applications for lands within the Village shall comply with the provisions under this Part. 2 A subdivision application may be submitted by: a. the registered owner of the land to be subdivided; or b. a person with written authorization to act on behalf of the registered owner. 3 If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or Provincial agencies and organizations, the applicant shall file and obtain the appropriate reports and/or approvals with relevant agencies and organizations. A copy of the required reports and/or approvals or licenses shall be submitted with the subdivision application. 4 Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations and Alberta Energy Regulator Directive 079 shall accompany every subdivision application. 5 The tentative plan of subdivision shall: a. clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to subdivide; b. show the location, dimensions and boundaries of: i. each new lot to be created; ii. reserve land(s), if required; iii. the rights-of-way of each public utility, if required; and iv. other rights-of-way, if required; c. indicate the use, location, and dimensions of existing buildings on the land that is the subject of the application, if any, and specify whether the buildings are proposed to be demolished or moved; d. show the location of any river, stream, water course, lake, or waterbody that is contained within the boundaries of the proposed parcel of land; e. identify the location of any existing or proposed water wells, the locations and type of any private sewage disposal system(s), and the distance from these to existing or proposed buildings and property lines; f. include information provided by the Alberta Energy Regulator identifying the location of any active wells, batteries, processing plants or pipelines within the proposed subdivision; and g. identify the existing and proposed access to the proposed parcels and the remainder of the titled area. 6 The Subdivision Authority may also require an applicant to submit to the Subdivision Authority any or all of the following: a. a figure showing topographic contours; b. if the proposed subdivision is not to be served by a water distribution system, information supported by the report of a qualified professional, registered in the Province of Alberta, respecting the provision, availability, and suitability of potable water on or to the land to be subdivided; c. an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited to, susceptibility to slumping or subsidence, depth to water table, and suitability for any proposed on-site sewage disposal system(s), prepared and signed by a qualified professional registered in the Province of Alberta; d. a storm water management plan, prepared by a qualified professional, which must be approved by Alberta Environment and Parks including: i. topography; ii. proposed minor drainage system (ditches/pipes/catch basin locations/flow rate); iii. proposed major drainage systems (direction of surface drainage/flow rate); iv. proposed on-site detention/retention facility (location/size/capacity); v. location of outflow/outfall structures; and vi. any related modeling and calculation information. e. if the land that is the subject of an application is located in a potential Flood Plain, a figure showing the 1:100-year Flood Plain; f. information respecting the land surface characteristics of land within 0.8 km (0.5 miles) of the land proposed to be subdivided; and g. if any portion of the parcel of land affected by the proposed subdivision is situated within 1.5 km (0.9 miles) of a sour gas facility, a map showing the location of the sour gas facility. 4.2 SUBDIVISION PROCESS 1 The Subdivision Authority shall: a. attend a pre-application submission meeting with development proponents (as requested); b. receive all applications for subdivision applications; c. assess and provide notice of a complete or incomplete application; d. refer the application to adjacent landowners and adjacencies (as required in the Subdivision and Development Regulations; and e. issue notices in writing as required in the Act. 4.3 NOTICE OF COMPLETE OR INCOMPLETE APPLICATIONS 1 The Subdivision Authority shall within twenty (20) days of the receipt of an application for a development permit, determine whether the application is complete. 2 The time period referred to in Section 4.3.1 may be extended by an agreement in writing between the applicant and the Subdivision Authority or, if applicable, in accordance with a land use bylaw made pursuant to Section 640.1(a) of the Act. 3 An application is complete if, in the opinion of the Subdivision Authority, the application contains the documents and other information necessary to review the application. 4 If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall issue to the applicant, in writing or electronically, an acknowledgment that the application is complete. 5 If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall issue to the applicant a notice, in writing or electronically, that the application is incomplete and that any outstanding documents and information referred to in the notice must be submitted by a date set out in the notice or a later date agreed on between the applicant and the Subdivision Authority in order for the application to be considered complete. 6 If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Section 4.3.5, the Subdivision Authority must deem the application to be refused. 7 Despite that the Subdivision Authority has issued an acknowledgment under Sections 4.3.4 or 4.3.5, in the course of reviewing the application, the Subdivision Authority Officer may request additional information or documentation from the applicant that the Subdivision Authority Officer considers necessary to review the application. 4.4 DUTIES OF THE SUBDIVISION AUTHORITY 1 Upon receipt of a completed subdivision application, the Subdivision Authority: a. shall approve, with or without conditions, an application for a permitted use where the proposed subdivision conforms to: i. this bylaw; ii. applicable statutory plans; and iii. the Act and the Regulations thereunder; b. shall refuse an application for a subdivision if the proposed subdivision does not conform with: i. applicable statutory plans; and/or ii. the Act and the Regulations thereunder; c. may approve, with or without conditions, an application for a permitted or discretionary use with variances to the bylaw. 4.5 SUBDIVISION REQUIREMENTS AND CONDITIONS 1 Subdivision approvals shall comply with Part 17 and 17.1 of the Act and the Regulations therein. 2 For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a separate title exists for a public utility or an institutional use. 3 All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority, prejudice the future efficient development of the remnant lands. 4 The Subdivision Authority shall not approve a subdivision which is inconsistent with an approved Intermunicipal Development Plan, the Village of Glendon Municipal Development Plan (MDP), and/or the provisions of any statutory plans that affect the land proposed to be subdivided. 5 As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of the Act; either in the form of a lot (ownership transferred to the Municipality) or as an Environmental Reserve Easement (private ownership is retained). The Village may require that the proponent provide environmentally significant hazard land as Environmental Reserve as a condition of subdivision approval. 6 As a condition of a subdivision approval, property taxes must be up to date prior to final endorsement of any Subdivision within the Village. 7 As a condition of a subdivision approval, the developer may be required to provide for Inclusionary Housing in accordance with the Act and the Regulations therein. 5. APPEALS5.1 DEVELOPMENT APPEALS 1 An appeal may made if the Development Authority: a. Fails or refuses to issue a development permit; b. Issues a development permit subject to conditions; or c. Issues a stop order under Section 645 of the Act; By the applicant of the development permit or any person affected by the order. 2 In addition to Section 5.1.1, any person affected by an order, decision, or development permit made or issued by the Development Authority may appeal the decision in accordance with Section 685(2) of the Act. 3 Despite Sections 5.1.1 and 5.1.2, no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted or the application for the development permit was deemed to be refused under section 683.1(8) of the Act. 4 Despite Sections 5.1.1, 5.1.2, and 5.1.3, if a decision with respect to a development permit application in respect of a direct control district: a. is made by a council, there is no appeal to the Subdivision and Development Appeal Board; or b. is made by a development authority, the appeal is limited to whether the development authority followed the directions of council, and if the board hearing the appeal finds that the development authority did not follow the directions it may, in accordance with the directions, substitute its decision for the development authority's decision. 5 An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(a) of the Act shall be made to the Land and Property Rights Tribunal, and shall proceed in accordance with the processes identified in the Act and the Land and Property Rights Tribunal Act. 6 An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(b) of the Act shall be made to the Village's Subdivision and Development Appeal Board. 7 An appeal with respect to an application for a development permit may be made by a person identified in Section 5.1.1 may be made by serving a written notice of appeal to the board hearing the appeal: a. Within twenty-one (21) days after the date on which the written decision is given; or b. If no decision is made with respect to the application within the 40-day period (or within any extension to that period under Section 684 of the Act), within twenty one (21) days after the date the period or extension expires; or c. With respect to an order under Section 645 of the Act, within 21 days after the date on which the order is made. 8 An appeal with respect to an application for a development permit may be made by a person identified in Section 5.1.2 may be made by serving a written notice of appeal to the board hearing the appeal within twenty-one (21) days after the date on which the written decision is given. 9 An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights Tribunal. The notice submission requirements shall be as established by the Land and Property Rights Tribunal. 10 An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing the following: a. the appeal application fee as identified in a Fees and Charges Bylaw; b. the legal description and/or the municipal address of the property to which the decision, order, or issuance of the development permit relates; c. the name, contact information, and address of the appellant; and d. the reasons for the appeal and the issue or condition in the decision or order that are the subject of the appeal. 11 Where a person files a notice of appeal with the wrong board, that board must refer the appeal to the appropriate board and the appropriate board must hear the appeal as if the notice of appeal had been filed with it and it is deemed to have received the notice of appeal from the applicant on the date it receives the notice of appeal from the first board, if: a. in the case of a person referred to in Section 5.1.1 the person files the notice with the wrong board within 21 days after receipt of the written decision or the deemed refusal; or b. in the case of a person referred to in Section 5.1.2, the person files the notice with the wrong board within 21 days after the date on which the notice of the issuance of the permit was given in accordance with the land use bylaw. 5.2 SUBDIVISION APPEALS 1 The decision of a Subdivision Authority on an application for subdivision approval may be appealed: a. by the applicant for the approval; b. by a government department if the application is required by the Subdivision and Development Regulations to be referred to that department; c. by the council of the municipality in which the land to be subdivided is located if the council, a designated officer of the municipality or the Municipal Planning Commission of the municipality is not the Subdivision Authority; or d. by a school board with respect to: i. the allocation of municipal reserve and school reserve or money in place of the reserve; ii. the location of school reserve allocated to it; or iii. the amount of school reserve or money in place of the reserve. 2 An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(a) of the Act shall be made to the Land and Property Rights Tribunal, and shall proceed in accordance with the processes identified in the Act and the Land and Property Rights Tribunal Act. 3 An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(b) and 678(2.1) of the Act shall be made to the Village's Subdivision and Development Appeal Board. 4 An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and Property Rights Tribunal. The notice submission requirements shall be as established by the Land and Property Rights Tribunal. 5 An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by providing the following: a. the appeal application fee as identified in the Village's Fees and Charges Bylaw; b. the legal description and/or the municipal address of the property to which the decision, order, or issuance of the development permit relates; c. the name, contact information, and address of the appellant; and d. the reasons for the appeal and the issue or condition in the decision or order that are the subject of the appeal. 6 If the applicant files a notice of appeal within 14 days after receipt of the written decision or the deemed refusal with the wrong board, that board must refer the appeal to the appropriate board and the appropriate board must hear the appeal as if the notice of appeal had been filed with it and it is deemed to have received the notice of appeal from the applicant on the date it receives the notice of appeal from the first board. 5.3 APPEAL HEARINGS AND DECISIONS 1. Hearings for development appeals and decisions made by the board hearing the appeal shall be in accordance with Section 686 and 687 of the Act. 1. Hearings for subdivision appeals and decisions made by the board hearing the appeal shall be in accordance with Section 679, 680, and 681 of the Act. 6. AMENDMENTS6.1 APPLICATION FOR AMENDMENT 1 A person may apply to have this Bylaw amended by applying in writing, furnishing reasons in support of the application and paying the fee therefore required. 2 Council may at any time initiate an amendment to this Bylaw by directing the Development Authority to initiate an amendment to this Bylaw, but prior to first reading the proposed amendment shall be referred to the Development Authority for prepare an amendment application, report(s) and recommendations. 3 All applications for amendment to the Land Use Bylaw shall be made to the Council and shall be accompanied by the following, namely: a. an application fee according to the governing Land Use Bylaw fee schedule as amended from time to time by resolution of Village Council shall be submitted for each application, but if the proposed amendment is adopted by Council, Council may determine that the whole or part of the application fee may be returned to the applicant; b. a title search for the land affected or other documents satisfactory to the Development Authority indicating the applicant's interest in the said land; c. drawings drawn on standard drafting material to the satisfaction of the Development Authority, which shall be fully dimensioned, accurately figured, explicit and complete; and d. any other information deemed necessary by the Development Authority. 4 During deliberation on the Bylaw amendment application, Council may refer the application to such agencies as it considers necessary for comment. 5 Council may request such information as it deems necessary to reach a decision on the proposed amendment. 6.2 PUBLIC HEARING PROCESS 1 At the discretion of Council, first reading of a proposed amendment may be given before the Public Hearing process, and Council may require that the applicant pay a fee for advertising according to the governing Land Use Bylaw advertising fee schedule as amended from time to time by resolution of Village Council. 2 All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the requirements of the Act with regard to the holding of a Public Hearing. 7. ENFORCEMENT7.1 CONTRAVENTION AND PENALTIES 1 Where a Development Authority finds that a development or use of land or buildings is not in accordance with: a. the Act or the regulations made thereunder; or b. a development permit or subdivision approval; or c. this Bylaw; the Development Authority may, by notice in writing, order the owner, the person in possession of the land or buildings, or the person responsible for the contravention, or all or any of them to: d. stop the development or use of the land or buildings in whole or in part as directed by the notice; and/or e. demolish, remove or replace the development; and/or f. take such other measures as are specified in the notice; so that the development or use of the land or buildings is in accordance with the Act, the regulations made thereunder, a development permit, subdivision approval or this Bylaw, as the case may be. 2 Where a person fails or refuses to comply with an order directed to him under section 7.1.1 or an order of the Subdivision and Development Appeal Board within the time specified, the Development Authority may, in accordance with Section 542 of the Act, enter upon the land or building and take such action as is necessary to carry out the order. 3 Where the Development Authority carries out an order, the Council shall cause the costs and expenses incurred in carrying out the order to be placed on the tax roll as an additional tax against the property concerned, and that amount shall be collected in the same manner as taxes on land. 4 A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and is liable upon summary conviction to a fine not exceeding $10,000.00 or to imprisonment for not more than one year, or to both fine and imprisonment, pursuant to Section 566 of the Act. 5 A Development Authority may suspend or revoke a development permit which has not been complied with, following notification, stating the reasons for such action. 6 In addition to the process and penalties described above, the Development Authority or any other person identified as a designated officer by the Council for the purposes of this section shall be authorized to issue violation tickets in respect to any contravention of this Bylaw. 7.2 VIOLATION TICKETS 1 The Development Authority or any other person identified as a designated officer by the Council for the purposes of this section may issue a violation ticket to any person alleged to have breached any provision of this Bylaw. 2 The violation ticket shall specify the alleged offence committed by the person to whom the violation ticket is issued and require payment, within 21 days from the date of issue of the violation ticket, of a fine to the Village. 3 Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be liable for a penalty of $50.00 for a first offence and $100.00 for a second or subsequent offence. Each day that a breach of the Bylaw has occurred may be considered to be a separate offence. 4 The violation ticket shall be served upon the alleged offender personally or by single registered mail. If payment is made within the time limit, then such payment shall be accepted in lieu of prosecution for the offence. 5 If a person who has been served with a violation ticket fails to pay the fine specified therein, then the right of the alleged offender to settle the alleged offence without a court appearance shall no longer apply and prosecution for the alleged offence shall proceed. 6 If the person who was served with the violation ticket is thereafter prosecuted and convicted of the offence specified in the violation ticket, the fine imposed shall not be less than $125.00, plus court costs, for each offence. 7 If a violation ticket has been issued with respect to a development which has occurred without an approved development permit, all fines indicated above shall be doubled. 8. GENERAL REGULATIONS8.1 ACCESSORY BUILDINGS 1 An accessory building or use is subject to the requirements for main buildings and uses within that District. 2 Sea cans must be well-maintained and in good condition, or alternatively, must be adequately buffered to the satisfaction of the Development Authority. The Development Authority may require that a sea can be given a fresh coat of paint as a condition of the issuance of a development permit. 3 An accessory building shall not be used as a dwelling. 8.2 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS 1 Where a building is attached to the main building on a site by its roof, an open or enclosed structure, a floor or a foundation, it is considered to be a part of the main building. 2 Except as otherwise indicated in this Bylaw, this section applies within all Residential Districts. 3 No accessory building or use, other than a parking space or a fence, shall be erected or placed within a minimum required front yard. 4 Notwithstanding section 8.2.3 above, the Development Authority may approve the erection of an accessory building or use within the minimum front yard requirement provided that no building is located within 15 m (50 ft.) from the right-of-way of a highway or road. 5 With the exception of a rear-entrance garage, an accessory building shall be situated on an interior lot so that the exterior wall is at least 0.9 m (3 ft.) from the side and rear lines of the lot. 6 Garages shall be located so that vehicle entrance doors shall not be closer than 5.5 m (18 ft.) from the boundary line towards which they face or open. 7 On corner lots, accessory buildings shall be situated so that the side yard which abuts the road is not less than the minimum side yard requirement for the main building or use. 8 An accessory building shall be not more than 6 m (20 ft.) in height. 9 Except at the discretion of the Development Authority, no accessory building may have a floor area greater than the floor area of the dwelling on the same lot. 10 An accessory building may not be used as a dwelling unless the accessory building is an approved garage with an approved garage suite and the development is located in a district which includes garage suites as a permitted or discretionary use. 11 All accessory buildings shall be constructed of materials that blend harmoniously with the main building on the lot. 12 No accessory building may be built on a lot before a main building or a main use is developed on the lot. 13 Sea cans must be well-maintained and in good condition, or alternatively, must be adequately buffered to the satisfaction of the Development Authority. The Development Authority may require that a sea can be given a fresh coat of paint as a condition of the issuance of a development permit. 8.3 AMATEUR RADIO ANTENNAS 1 Amateur radio antennas shall only be allowed as accessory developments. 2 An amateur radio antenna shall conform to the following provisions: a. it shall be installed according to the manufacturer's specifications; b. it shall be located in the rear yard; c. it shall conform to the height regulations in the district in which the antenna is located; d. it shall not be illuminated or have any signs affixed thereto; and e. at the discretion of the development authority, it shall be adequately buffered from adjacent land uses. 8.4 BED AND BREAKFAST ESTABLISHMENTS 1 A bed and breakfast establishment shall not change the principal character or external appearance of the dwelling involved. 2 Cooking facilities shall not be located within the sleeping units. 3 In addition to any other parking requirements of this Bylaw, one (1) additional parking space shall be provided for each sleeping unit. 4 A bed and breakfast establishment shall comply with all of the requirements for a home occupation described elsewhere in this Bylaw. 8.5 CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES 1 Confined feeding operations and manure storage facilities for which an approval, a registration, or an authorization is required pursuant to the Agricultural Operation Practices Act are not regulated by this Bylaw but by that Act. 8.6 CORNER LOTS AND DOUBLE FRONTING LOTS 1 In the case of double fronting lots, the front yard shall be that portion of the lot abutting the road on which the front yards of adjacent lots face. If adjacent lots have front yards facing both roads, front yards shall be considered to be on both roads and the lot may thus have no rear yard. 2 Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority may require that a development on a corner lot or on a double fronting lot provide two minimum required front yards, after having regard to the orientation of adjacent lots and to the location of accesses to the development. 3 Notwithstanding any other provision of this Bylaw to the contrary, where a second minimum front yard is not required on a corner lot, the minimum required side yard on the side adjacent to the road shall not be less than 3.8 m (12.6 ft.). 4 Notwithstanding 8.6.3, features under 0.5 m (1.6 ft.) in height may project to the sideline where a second minimum front yard is not required on a corner lot (see Figure 11). 8.7 CORNER SITES AND SIGHT LINE PROTECTION 1 On corner sites, no fence, wall, tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height shall be erected, placed or maintained within the triangular area formed by the intersecting road right-of-way lines (or their projections) or a road and a straight line joining points on the road right-of-way lines 6.0 m (19.6 ft.) from their intersection (see Figure 12). 2 At the intersection of roads and lanes, and at intersections of driveways and roads, no fence, wall, tree, bush, structure or thing more than 1.0 m (3.2 ft.) in height shall be erected, placed or maintained within the triangular area formed by the intersecting road or lane right-of-way lines or the edge of the driveway and a straight line joining points on the road or lane right-of-way lines or the edge of the driveway 3.0 m (9.8 ft.) from their intersection. FIGURE 11: SIDE YARD SETBACK ONA CORNER LOT WHERE A 2ND FRONT YARD IS NOT REQUIRED 3 Sections 8.7.1 and 8.7.2 do not apply in the C1 District or in the C2 District, except where an existing building is set back from the property line sufficient to allow for the regulations provided by sections 8.7.1 and 8.7.2. 4 Notwithstanding any other provision of this Bylaw to the contrary, no sign shall be located within the areas defined in sections 8.7.1 and 8.7.2 such that any part of the sign is between the heights of 1.0 m (3.2 ft.) and 4.0 m (13.1 ft.) above grade. 8.8 DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS 1 The exterior finish on all buildings shall be of a permanent material, and be of a character and quality satisfactory to the Development Authority. 2 Pursuant to section 8.8.1, the Development Authority may consider the following when reviewing development proposals in all districts: a. the design, character and appearance of all buildings with respect to their compatibility with any other buildings existing in the vicinity; b. the design of the building must be consistent with the purpose of the land use district in which it is located; and/or c. the building shall comply with any provisions of any statutory plan which sets out specific guidelines as to the design, character, appearance or building materials to be used within a district or area. 3 The Development Authority shall encourage buildings to be sited and constructed so as to maximize passive solar energy gain. The Subdivision Authority or the Development Authority may, where it desires to achieve a higher standard of design and appearance in a specific Area Structure Plan, Subdivision, or Development, require the developer to provide detailed architectural control guidelines. 4 The Subdivision Authority may require at the time of subdivision that the developer register a restrictive covenant against the subdivision in order to ensure ongoing conformance with the architectural control guidelines. 8.9 EXISTING SUBSTANDARDLOTS 1 Development on existing substandard lots may be allowed by the Development Authority. Compliance with the Alberta Safety Codes Act and any applicable Provincial Board of Health Regulations shall be required. 8.10 FENCES, WALLS, AND HEDGES 1 Notwithstanding any regulation respecting required minimum yard to the contrary in this Bylaw, a fence or hedge may be constructed along a boundary line of a lot. 2 Notwithstanding any other provision of this Bylaw to the contrary, a development permit is required prior to the erection or construction of a fence. 3 Unless otherwise provided in this Bylaw, a fence, wall or hedge in the R1, R2, R3, R4 and RMH1 or RMH Districts shall not be: a. permitted within a corner site; b. higher than 2.0 m (6.5 ft.) in side yards and rear yards, to be measured as the average elevation from the ground at the fence or wall, unless otherwise provided in this Bylaw (see Figure 13); c. higher than 1.0 m (3.2 ft.) in front yards or in side yards which are adjacent to a highway or road, and; d. higher than 1.0 m (3.2 ft.) within 6.0 m (19.6 ft.) of the intersection of highways and/or roads. 4 Notwithstanding section 8.10.3 above, the height of a fence in a side and/or rear yard may be higher than 2.0 m (6.5 ft.) at the discretion of the Development Authority. An approved development permit will be required prior to commencement of construction; 5 Notwithstanding section 8.10.3 above, the height of a fence in an Industrial District, Commercial District or in an Urban Reserve District shall be as determined by the Development Authority. 6 No fences comprised of barbed wire shall be allowed, except, at the discretion of the Development Authority, in the Industrial District and in the Urban Reserve District. If barbed wire is allowed, it shall not be allowed below a height of 2.0 m (6.5 ft.) unless the Development Authority, at their discretion, allows barbed wire at a lower height where, in their opinion, dwellings would not be in close proximity to the fence proposed. 7 No electrification of fences shall be allowed except, at the discretion of the Development Authority, in the Urban Reserve District where the developer has demonstrated, to the satisfaction of the Development Authority that the fence is necessary for an agricultural operation and that dwellings will not be in close proximity to the fence proposed. FIGURE 1 8 In the case of apartments or row housing, all off-street parking shall include a landscaped area. A wall, hedge or wooden fence not less than 1.5 m (4.9 ft.) in height and not more than 2.0 m (6.5 ft.) in height shall be provided along the side property lines adjacent to all Residential Districts. Both the landscaping and fence shall be provided to the satisfaction of the Development Authority. 9 Commercial buildings adjacent to Residential Districts must be screened by a wooden fence not less than 2.0 m (6.5 ft.) in height and be of the "Good Neighbour" design (refer to Figure 14). In addition, 10% of the lot area shall be maintained and landscaped. Garbage containers and outdoor storage areas shall be screened and accessible for convenient pickup. A "good neighbour" design means a fence construction method whereby the builder alternates slats from one side to the other resulting in a fence that looks the same on both sides. 10 In the case of drive-in businesses, car washing establishments, service stations and gas bars, landscaping shall be provided and maintained to the satisfaction of the Development Authority Officer. Solid fences shall be provided at least 1.5 m (4.9 ft.) in height and no higher than 2.0 m (6.5 ft.) adjacent to any Residential District. 11 The Development Authority may require that a fence or other screen be provided to a height of at least 1.5 m (4.9 ft.) surrounding the following where they would be visible from a road or from an adjacent dwelling: a. outdoor storage areas; b. garbage collection areas; and c. loading or vehicle service areas. 12 Outside storage areas shall be screened from adjacent lots and roads to the satisfaction of the Development Authority. Such screening may include fences and/or landscaping. 8.11 FENCING MATERIALS 1 Neither razor wire nor barbed wire shall be allowed within Residential Districts. 2 Razor wire shall not be used in the municipality without a development permit having been issued to allow its use. FIGURE 14: EXAMPL 3 Barbed wire shall be used as a fencing material only if a development permit has been issued to allow its use. 8.12 GARAGE SUITES 1 A garage suite shall only be allowed on a lot occupied by a single detached dwelling or a duplex dwelling. 2 A garage suite is prohibited from being constructed within an apartment. 3 A maximum of one garage suite is permitted per dwelling unit where allowed. 4 Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the garage suite. 5 A garage suite includes, but not limited to, a food preparation area, counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities. 6 A garage suite has an entrance separate from the entrance to the garage, either from a common indoor landing or directly from the exterior of the structure. 7 The minimum floor area for an at grade garage suite is 30.0 m2 (322.9 ft.2). 8 The minimum floor area for an above grade garage suite is 30.0 m2 (322.9 ft.2). 9 At grade garage suites have a maximum height of 4.3 m (14.1 ft.). 10 Above grade suites have a maximum height of 5.5 m (18.0 ft.) for suites with a flat roof, and 6.5 m (21.3 ft.) for suites with a sloped roof, provided that the maximum height is not higher than the height of the principal dwelling. 11 A minimum of three (3) on-site parking spaces - two (2) for the dwelling and one (1) for the garage suite - are required. Tandem parking may be permitted at the discretion of the Development Authority. 8.13 GROUP HOMES, DAY HOMES, AND CHILD CARE FACILITIES 1 All group homes, day homes, and child care facilities shall conform to regulations under the Safety Codes Act and any other relevant Provincial legislation and regulations. 2 In addition to all other regulations of this Bylaw, a group home development shall comply with the following regulations: a. The maximum number of residents shall be established by the Development Authority who shall have regard for the nature of the group home and the density of the District in which it is located. b. In making a decision on a development permit for a group home, the Development Authority shall consider, among other matters, if the development would be suitable for the location proposed, taking into account: potential traffic generation, proximity to a park or other open or recreation areas, isolation of the proposed location from other residential uses, buffering or other techniques designed to limit any interference with other uses or the peaceful enjoyment of their properties by nearby residents, and consistency in terms of intensity of use with other development in the area. c. The group home shall not generate pedestrian or vehicular traffic or parking in excess of that which is characteristic of the District in which it is located. 3 In addition to all other regulations of this Bylaw, a child care facility development and a day home development shall comply with the following regulations: a. The maximum number of children for which care may be provided in a child care facility shall be established by the Development Authority who shall have regard for the nature of the facility, the density of the District in which it is located, potential increases in traffic, and the location of the use in relation to other uses in the area of the development. b. The maximum number of children for which care may be provided in a day home shall be established by the Development Authority who shall have regard for the nature of the day home, the density of the District in which it is located, potential increases in traffic, and the location of the use in relation to other uses in the area of the development. c. Notwithstanding section 8.13.3.b above, the number of children within a day home established within a dwelling unit in any Residential District shall conform to provincial standards. d. A child care facility shall not be the main use of a building within any Residential District. e. A child care facility in any non-residential District shall be in a separate facility, either within the main building on the lot or in an accessory building, with a separate access to ground level and an adjacent playground area. 8.14 HOME OCCUPATIONS 1 All development permits issued for home occupations shall be revocable at any time by the development authority, if, in its opinion, the use is or has become detrimental to the amenities of the neighbourhood in which it is located. 2 A minor home occupation shall comply with the following regulations: a. A minor home occupation shall not employ any person on-site other than a resident of the dwelling. b. No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance detectable beyond the boundary of the lot on which the minor home occupation is located shall be produced by the home occupation. c. There shall be no outdoor business activity, or outdoor storage of material or equipment associated with the minor home occupation allowed on the site. Storage related to the minor home occupation shall be allowed only in either the dwelling or accessory buildings. d. Up to five (5) business visits per week are allowed. e. Exterior alterations or additions to accommodate a minor home occupation shall not be allowed. f. No commercial vehicle used in or for the home based business shall be parked on the subject site, unless the vehicle is fully enclosed within a garage, or on the adjoining road. g. No exterior signage shall be allowed. 3 A major home occupation shall comply with the following regulations: a. The number of non-resident employees working on-site shall not exceed two (2) on-site, non-occupant employees. b. Up to 8 business visits per day are allowed in the E District. In all other Districts, up to four (4) business visits per day are allowed. c. No more than one (1) commercial vehicle up to a size of a tandem truck, to be used in conjunction with the major home occupation, shall be parked or maintained on the site in a Residential District. The parking space for the commercial vehicle shall be adequately screened and sited behind the principal building to the satisfaction of the Development Authority. d. Any interior or exterior alterations or additions to accommodate a major home occupation may be allowed at the discretion of the Development Authority, as along as such alterations comply with this Bylaw and the Alberta Safety Codes Act and the regulations made thereunder. e. There shall be no exterior signage, display or advertisement other than a business identification sign, the size of which shall be entirely at the discretion of the Development Authority, and related to the location of the sign on the lot. 4 All home occupations shall comply with the following requirements: a. In addition to a development permit application, each application for a minor home occupation or a major home occupation shall be accompanied by a description of the business to be undertaken in the dwelling, an indication of the anticipated number of business visits per week, and details for the provision of parking along with other pertinent details of the business operation. b. When a development permit is issued for a home occupation, such permit shall be terminated should the applicant vacate the property for which the permit has been issued. c. A minor or major home occupation shall not occupy more than 20% of the floor area of the main dwelling or 35 m2 (375 ft.2), whichever is the lesser. 5 Home occupations shall not involve: a. activities that use or store hazardous material in quantities exceeding those found in a normal household; or b. any use that would, in the opinion of the development authority, materially interfere with or affect the use, enjoyment, or value of neighbouring properties. 6 Notwithstanding any other provision of this Bylaw to the contrary, within the E District, a home occupation may include the use of any building built specifically for use by that home occupation or the outdoor storage of one (1) or more vehicles. 7 A permit issued for a home occupation is valid for one (1) year or longer as determined by the Development Authority. It is the obligation of the developer to seek renewal of a development permit prior to the expiry of the time period for which the initial permit was issued. The Development Authority shall consider the renewal on its merits. 8 A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of the home occupation has violated any provisions of this Bylaw or conditions of the approval of the development permit and complaints based on the operation of the home occupation have been received. 8.15 IN-LAW SUITES 1 An in-law suite shall only be allowed on a lot occupied by a single detached dwelling or a duplex dwelling. 2 An in-law suite is prohibited from being constructed within an apartment. 3 A maximum of one in-law suite is permitted on any single detached dwelling or duplex lot. 4 Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the in-law suite. 5 An in-law suite includes, but not limited to, a food preparation area, counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities. 6 An in-law suite does not have an entrance separate from the entrance to the main dwelling. 7 A minimum of three (3) on-site parking spaces - two (2) for the dwelling and one (1) for the in-law suite - are required. Tandem parking may be permitted at the discretion of the Development Authority. 8.16 INTENSIVE AGRICULTURE 1 All development proposals for intensive agriculture shall be considered and decided upon by the Development Authority individually based upon their individual merit and consideration should be given to such items as site selection, waste disposal, first owner priority, and the distance from watercourses and water bodies, and from roads and highways. 8.17 KEEPING OF DOMESTIC PETS AND LIVESTOCK 1 The keeping of domestic pets and animals in the Residential Districts shall be in accordance with the following, without the need to obtain a development permit: a. No animals other than domestic pets or the animals listed in this Section shall be allowed in Residential Districts. b. The total number of domestic pets per lot shall not exceed four (4) of which not more than two (2) shall be dogs. c. On any lot less than 0.4 ha (1.0 ac.) in size, no animals except as provided for in Section 8.17.2 shall be allowed. d. On lots 0.4 ha (1.0 ac) in size and larger, additional livestock units shall be allowed in accordance with the following: LOT SI 0.4 - 32.0 ha (1.0 - 80 acres) 2 e. On lots greater than 32.0 ha (80 ac.), livestock unit restrictions shall not apply. 2 Animals shall be kept under such conditions that they do not act as a nuisance and reduce the amenities of the residential area for other residents, nor shall they create any health nuisance. 3 The keeping of domestic pets or livestock not in accordance with this Section 8.17 shall require a development permit. 4 For the purposes of this Section, "one (1) livestock unit" means: a. one (1) horse (over one (1) year old); or b. two (2) colts (up to one (1) year old); or c. one (1) cow or steer (over one (1) year old); or d. one (1) buffalo (over one (1) year old); or e. two (2) calves (up to one (1) year old); or f. one (1) llama; or g. two (2) alpacas; or h. one (1) pig (over one (1) year old); or i. two (2) piglets (up to one (1) year old); or j. ten (10) ducks, turkeys, geese or chickens; or k. two (2) sheep or goats; or l. twenty (20) rabbits or similar rodents. 5 The keeping of ostriches, emus, or other ratites shall only be allowed upon issuance of a development permit. Two (2) ostriches, emus, or other ratites shall be the equivalent of one livestock unit. Any development permit issued for the keeping of these animals shall require, as a condition of the approval, the construction of a minimum 1.8 m (6.0 ft.) high perimeter fence comprised of tight lock game fencing or chain link fencing with steel or wooden posts around the fenced pen area. 6 For animals specified in sections 8.17.4.a to 8.17.4.g, a perimeter fence not less than 1.2 m (4.0 ft.) in height shall be constructed of four (4) strand barbed wire, chain link or wood/ steel rail. The perimeter fence is to be no closer than 20.0 m (66.0 ft.) from the nearest dwelling. For all other animals specified in section 8.17.4, appropriate fencing will be constructed to contain said animals/birds within the property. 8.18 LANDSCAPING 1 Landscaping in all developments shall be to the satisfaction of the Development Authority and in accordance with the municipality's landscaping standards as stated in section 8.18.9. 2 Where a landscaping plan is required with an application for a development permit, no landscaping shall commence prior to the plan being approved by the Development Authority. 3 A landscaping deposit of between $1,000.00 and $5,000.00 may be required with the submission of Development Permit Applications for Residential, Commercial and Industrial Development. The amount of the deposit will be determined by the Development Authority in relation to the scale of the project. The deposit will be fully refundable after the first year of the completion of the development if the landscaping conforms to the approved landscaping plan and meets with the satisfaction of the Village's Development Authority. 4 Landscaping plans shall include the following information which adheres to the following standards: a. the final grading of the area and the placing and spreading of topsoil. In particular: i. the cross slope across boulevards shall be a minimum of two percent (2%), and ii. the drainage plan submitted with the landscaping plan shall indicate that all areas to be landscaped shall be graded to drain to the road, into catch basins, or into adjacent drainage easements. Under no circumstances shall an area be designed, built, or landscaped to drain from public property onto private property, or from private property onto adjacent private property without appropriate easements. In no instance will the Development Authority approve a drainage plan that drains over a sidewalk and curb; b. all physical features, both existing and proposed, including: shrubs and trees identified by their common name, and their size; grassed areas; flower beds; berms showing contours; walls; fences; outdoor furniture; surface utilities; water features; and decorative paving; and c. playground equipment and public seating areas if the area forms part of a communal amenity area. 5 The areas to be landscaped shall include all boulevards, buffer strips, drainage easements, retention and detention ponds, walkways, and playgrounds. 6 Trees shall be planted on all buffers. 7 When the implementation of landscaping plans is a condition of the approval of a development permit, all such landscaping and planting must be carried out, to the satisfaction of the Development Authority, within two (2) months (weather permitting) of the occupancy or the commencement of operation of the proposed development. 8 The owner of the lot or his successors or assignees shall be responsible for proper maintenance of the landscaping. If plant material does not survive a two (2) year maintenance period, commencing when the Development Authority determines that the landscaping has been completed in accordance with approved plans, it must be replaced with plant material of similar type and size. 9 Unless otherwise specified, plant material required in a landscape plan must meet the following landscaping standards: a. be hardy to the municipality and the proposed lot. The Horticultural Standards of the Canadian Nursery Trades Association may be used as a reference guide in selecting plants; b. the proportion of deciduous to coniferous trees shall be approximately 60:40, unless the landscaping plan is prepared by a professional landscape architect; c. deciduous trees must have a minimum calliper width of 5.0 cm (1.9 in.) measured 10.0 cm (3.9 in.) above the root ball; d. coniferous trees must be a minimum height of 1.5 m (4.9 ft.) at the time of planting measured from 10.0 cm (3.9 inches) above the root ball; and e. shrub material, if deciduous, must have a minimum height of 60.0 cm (23.6 in.) when planted and, if coniferous, must have a minimum spread of 40.0 cm (15.7 in.) when planted. 10 Where trees are required within a parking lot, they shall be provided in a ratio of one (1) tree per five (5) parking spaces (single row parking) or one (1) tree per ten (10) parking spaces (double row parking), and planted in landscaped islands. These numbers may be varied at the discretion of the Development Authority. 11 Landscaped islands must be: a. designed to protect all plant material from damage; b. raised at least 15.0 cm (5.9 in.) above finished grade; and c. finished with tree grates, ground cover vegetation, and/or hard landscaping. 12 Approved tree species include: COLORADO SPRUCE Picea pungens SCOTS PINE Pinus sylvestris LODGEPOLE PINE Pinus contorta var. latifolia SIBERIAN LARCH Larix sibirica WHITE SPRUCE Picea glauca NORWAY SPRUCE Picea abies SWISS STONE PINE Pinus cembra GREEN ASH Fraxinus pennsylvanica MANCHURIAN ASH Fraxinus mandshurica 'Mancana' BLACK ASH Fraxinus nigra AMERICAN ELM Ulmus Americana EUROPEAN MOUNTAIN ASH Sorbus aucuparia BUR OAK Quercus macrocarpa AMERICAN BASSWOOD (LINDEN) Tilia americana LITTLE LEAF LINDEN Tilia cordata THUNDERCHILD CRABAPPLE Malus x 'Thunderchild' IVORY SILK JAPANESE LILAC Syringa reticulate 'Ivory Silk' MORDEN HAWTHORN Crataegus x mordenensis 'Toba' RUSSIAN OLIVE Elaeagnus angustifolia LAUREL-LEAF WILLOW Salix pentandra SILVER MAPLE Acer saccharinum AMUR MAPLE Acer ginnala OHIO BUCKEYE Aesculus glabra SCHUBERT CHOKECHERRY Prunus virginiana 'Schubert' 13 Other tree species may be allowed at the discretion of the Development Authority. 14 Landscaping must be located so that it will not have a negative impact on above or below ground utilities. 15 No tree species with needles will be allowed within an island or the road right of way. 16 Grade differences between adjacent properties will not be excessive, and in no case shall be more than 1.0 m (3.2 ft.) unless otherwise approved by the Development Authority. 17 Additional Landscaping Requirements for Commercial, Industrial and Institutional Uses: a. Upon occupancy of any development, a minimum topsoil coverage of 15 cm (5.9 in.) shall be provided. The affected area shall be landscaped to the satisfaction of the Development Authority. b. Off-street parking lots in any Commercial District shall be landscaped by the planting of trees in a manner and number as required by the Development Authority. c. As a condition of approval of any development in a Commercial District, Institutional District, or an Industrial District; the Development Authority may require that the land not occupied by buildings or parking areas be landscaped to its satisfaction in order to implement the requirements of the Municipal Development Plan. d. When no lane separates commercial or industrial development from residential development, a landscaped buffer between the uses shall be required. A landscaped buffer may be required where a lane separates such uses. The planting and width of the buffer shall be as required by the Development Authority. 8.19 MANUFACTURED HOMES 1 Before a development permit application is approved for a manufactured home, the development authority shall ask the applicant for verification that the home complies with both the CSA Z240 MH National Mobile Home Standard and the Alberta Building Code (ABC) by virtue of the existence of appropriate labels. If either the CSA Z240 or the Alberta Municipal Affairs label is missing, the development authority will require an inspection prior to approving an application for a development permit for the location of the manufactured home on a lot. That inspection is to be done by an Alberta Safety Codes Officer and is to indicate whether, and under what circumstances, the manufactured home can regain a CSA Z240 label, and can be modified to comply with the regulations made pursuant to the Alberta Safety Codes Act. 2 Should one or both labels not be attached, and therefore should an inspection by an Alberta Safety Codes Officer be required, a copy of the inspection report shall be provided to the Development Authority. Should the inspection indicate that upgrades to the manufactured home are necessary to bring the home into compliance with the CSA Z240 standard or regulations made pursuant to the Alberta Safety Codes Act, the Development Authority will assess the nature of the required upgrades and, in consultation with the applicant, determine if the applicant is willing to undertake the upgrades necessary, in terms of both cost and time. If the applicant indicates, in writing, that he is willing to undertake the upgrades, the Development Authority may approve the development permit application, but only on condition that all required upgrades are made and that the Development Authority receive verification from an Alberta Safety Codes Officer that such upgrades have been satisfactorily completed prior to occupancy of the manufactured home as a dwelling. 3 Should both labels be attached to the manufactured home, the development authority will still require, as a condition of the approval of a development permit, that an inspection by an Alberta Safety Codes Officer be undertaken, that the inspection report be provided to the Development Authority, and should the inspection indicate that upgrades to the manufactured home are necessary to bring the home into compliance with the requirements of the regulations made pursuant to the Safety Codes Act, all required upgrades shall be made, and further require that all of these steps be undertaken prior to the occupancy of the manufactured home as a dwelling. 4 In addition to the requirements above, a manufactured home must meet the following aesthetic regulations: a. The height of the main floor above grade shall be consistent with the height of the main floor of dwellings in the immediate and general area; b. The roof pitch shall be consistent with the roof pitch of dwellings in the immediate and general area; c. Exterior finishing materials used on the roof and exterior walls shall be consistent with the materials used on dwellings in the immediate and general area; d. Minimum roof overhang or eaves should be consistent with the overhang or eaves of dwellings in the immediate and general area; e. The design of each manufactured home shall ensure the side or end facing the street on which the home fronts contains a prominently placed front door, and windows in quantity and size that are consistent with dwelling units in the immediate area; f. Every manufactured home shall be placed on a full perimeter foundation that complies with the Alberta Safety Codes Act unless the manufactured home is designed to be supported on longitudinal floor beams, in which case an alternate skirted foundation system as described in CSA Z240.10.1 may be employed; g. The full perimeter of the foundation shall be skirted to the satisfaction of the Development Authority. 5 Any required aesthetic upgrades to the manufactured home must be completed before the issuance of the development permit. 8.20 MANUFACTURED HOME PARKS 1 Manufactured home stalls shall be located at least 3.0 m (9.8 ft.) from a property boundary line. This 3.0 m (9.8 ft.) wide strip shall be landscaped and/or fenced to the satisfaction of the Development Authority. 2 All roadways shall be curb and gutter, hard surfaced, and constructed and maintained to the satisfaction of the Development Authority. Minimum right-of-way width shall be 9.0 m (29.5 ft.). 3 A safe, convenient, all season pedestrian walkway of at least 1.0 m (3.2 ft.) in width shall be provided for access between individual manufactured homes, the park roadways, and all community facilities provided for park residents. 4 Visitor parking spaces shall be provided at a ratio of at least one (1) space for every five (5) manufactured homes. The visitor parking shall be located at convenient locations throughout the manufactured home park, and shall not be used for the storage of boats, trailers, etc. 5 The design of manufactured home parks shall be to the satisfaction of the Development Authority. 6 All utilities shall be provided underground to stalls. 7 A minimum of 5% of the gross lot area shall be devoted to recreational use. 8 All areas not occupied by manufactured homes and their additions, internal roadways, footpaths, driveways, permanent buildings and any other developed facilities shall be fully landscaped to the satisfaction of the Development Authority. Screen fences or walls shall be erected where deemed necessary by the Development Authority around maintenance yards, refuse collection points and playgrounds. 9 No part of the park shall be used for non-residential purposes except for home occupations and such uses as are required for the direct servicing and well-being of the park residents and for the management and maintenance of the park. 10 Each stall shall be clearly marked off by means of stakes, countersunk steel posts, fences, curbs or hedges. 11 Street lighting shall be to the same standard as that in a conventional residential neighbourhood. 12 Manufactured homes shall be separated from each other by at least 6.1 m (20.0 ft.) in all directions. Any porch or addition to the manufactured home shall be regarded as part of the manufactured home for the purpose of this separation. 13 The relationship of buildings to each other and to the landscape, in particular such matters as architectural appearance, the provision of light, air, privacy, and landscaping, shall be shown upon the site plans. All this information shall be provided to the satisfaction of the Development Authority. 8.21 MOVED-IN BUILDINGS 1 The movement of any building onto a lot, whether permanently or for a specific period of time, and whether or not the building is portable or can easily be removed from the lot, shall require an approved development permit. 2 The Development Authority may require the applicant to provide an acceptable security equal to the estimated amount of repairs, to ensure completion of any renovations set out as a condition of approval of a permit. 8.22 MULTIPLE DWELLING DEVELOPMENTS 1 Before any application for development of row housing or an apartment development can be considered, the applicant must submit to the Development Authority: a. design plans and working drawings, including elevations, which have been done or endorsed by a registered architect; and b. site plans showing the proposed: i. location and position of structures on the lot, including any "For Rent" or identification signs, ii. location and number of parking spaces, exits, entries, and drives from roads, lanes, or highways, and iii. landscape plan of the entire lot that shall also show intended surfacing for drives and parking areas. 2 The aforementioned plans will append the application. If the development permit is approved, the plans shall be deemed conditions of approval. The Development Authority may require that security be provided to ensure that the conditions are satisfied. 3 The relationship of buildings to each other and to the landscape, in particular such matters as architectural appearance, the provision of light, air, privacy, and landscaping, shall be shown upon the site plans. All this information shall be provided to the satisfaction of the Development Authority. 8.23 MUNICIPAL SERVICES, SANITARY FACILITIES, AND ROAD AVAILABILITY 1 A development permit shall not be valid for a proposed use without the necessary approvals respecting the proposed type of sanitary facilities required by Provincial regulation. 2 A development permit shall not be issued for residential, recreational, commercial or industrial uses unless the Development Authority is satisfied that water supplies of sufficient quality and quantity are available to support existing and proposed development. 3 No development shall take place and no development permit shall be approved unless the lot on which the development is to take place has direct access to a developed, all-weather road constructed to municipal standards or better. Alternatively, the Development Authority may establish as a condition of approval that an all-weather road be constructed by the developer/landowner to municipal standards or better from the nearest such road to the lot. 4 All future subdivision and development areas must be serviced to the satisfaction of the Development Authority. 5 All infrastructure improvement costs associated with subdivision and development will be borne by the proponent of the development. 8.24 NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS 1 Small mixed-use commercial developments, such as neighbourhood convenience stores may be allowed to locate in Residential Districts provided the development meets all of the other regulations of this Bylaw and, further, that the development: a. does not include as part of its operation a gas bar or vehicular servicing component; and/or b. is situated on a corner lot with safe access to a collector road. 2 The façade of a structure containing a commercial or mixed-used building, such as a corner store, located in a Residential Area must be integrated with the surrounding residential area. 3 The height of a mixed use commercial/residential building in a residential district may not exceed twice the height and massing of the adjacent buildings. 8.25 NUMBER OF DWELLING UNITS ON A LOT 1 The number of dwelling units allowed on any lot shall not exceed one (1) except: a. where a second dwelling unit is proposed to be constructed or located on a lot of 32.0 ha (79.0 ac.) or more; or b. where the additional dwelling unit: i. is contained in a building that, or in buildings each of which is designed for or divided into two (2) or more dwelling units; or ii. is a secondary suite as defined in this Bylaw, and which is located within a District where a secondary suite is allowed as either a permitted or a discretionary use; or iii. is manufactured home in a manufactured home park; or iv. is a building, as defined in the Condominium Property Act, that is the subject of a condominium plan to be registered in a land titles office under the Act; or v. is to be occupied by a person or persons and located on the lot on a temporary or short-term basis, where the second dwelling is to be used by parents, grandparents, or a disabled relative; or vi. is to be occupied by a person or persons and located on the lot on a temporary or short-term basis while building a single detached dwelling on the same lot. 2 If approving a development permit under the circumstances described in Section 8.25.1.b.v above, the Development Authority shall issue such a permit only for a period of time not to exceed three (3) years. All the other regulations of this Bylaw must be met by the development. Such permits may be reissued if the landowner or occupant makes application within three (3) years after the permit has been approved; however, such renewal will be subject to a complete review by the Development Authority to determine if the relationship between occupants still exists and, if issued, will again be issued only for a period of time not to exceed three (3) years. If the relationship is determined to not exist, or if, for any other reason the development permit is refused, the second dwelling will be removed forthwith. 3 If approving a development permit under the circumstances described in section 8.25.1.b.vi above, the Development Authority shall issue such a permit only for a period of time not to exceed one (1) year. All the other regulations of this Bylaw must be met by the development. Such permits may be reissued if the landowner or occupant makes application one (1) year after the permit has been approved; however, such renewal will be subject to a complete review by the Development Authority to determine if FIGURE the related construction is still underway and, if issued, will again be issued only for a period of time not to exceed one (1) year. If the construction is not underway or has stalled, or if, for any other reason the development permit is refused, the second dwelling will be removed forthwith. 4 If the additional dwelling unit is as defined in Section 8.25.1 above, the Development Authority may, as a condition of the approval of the second or additional dwelling unit, require that the dwelling unit be placed on the lot in such a manner as to allow for any future subdivision of parcels of land containing the dwelling units from the remainder of the titled area, with such other conditions relevant thereto that the Development Authority may deem advisable. This regulation does not imply any future commitment regarding the approval of a subdivision of any dwelling units on a parcel of land. 5 If the additional dwelling unit is as defined in Section 8.25.1 above, the Development Authority may, as a condition of the approval of the second or additional dwelling unit, require that the dwelling unit be a temporary building and/or a manufactured home, except in the case of a secondary suite within a dwelling which is not a manufactured home. 8.26 OBJECTS PROHIBITED OR RESTRICTED IN YARDS 1 No person shall keep or permit in any Residential District any object, chattel, or other use of land which, in the opinion of the Development Authority is unsightly or tends to adversely affect the amenities of the district. This includes dismantled or wrecked motor vehicles, and any excavation, stockpiling or storage of materials, explosives, flammable liquids, diesel fuel, propane and gasoline products. 2 In addition, no person shall keep or permit in any part of any yard in any Residential District any more than one (1) vehicle, loaded or unloaded, of a gross vehicle weight in excess of 4,800.0 kg (10,560 lbs) for longer than is reasonably necessary to load or unload the vehicle. 3 No person shall keep or permit in a yard adjacent to a dwelling, either: a. a propane tank that is larger than 68.2 kg (150 lbs.); b. more than four (4) propane tanks; or c. any number of propane tanks with a total capacity which exceeds 68.2 kg (150 lbs.); without first obtaining a development permit. 4 Notwithstanding section 8.26.3 above, on lots in a Residential District which are: a. greater than 1.2 ha (3.0 ac.) in area; and b. where the proponent can prove to the satisfaction of the Development Authority that the location and use of the propane tanks meets acceptable fire code and safety standards; The Development Authority may, at its sole discretion, allow more than four (4) propane tanks or any number of propane tanks with a capacity which exceeds 91.0 kg (200.0 lbs.) to be located on a lot. 5 Notwithstanding section 8.26.3 above, in Commercial Districts, where the applicant for a development permit can prove to the satisfaction of the Development Authority that the location and use of the proposed propane tanks meets acceptable fire code and safety standards as well as emergency response requirements, the Development Authority may, at its sole discretion, allow more than four (4) propane tanks or any number of propane tanks with a total capacity which exceeds 91.0 kg (200 lbs.) to be located either: a. within an individual lot; or b. within each recreational vehicle stall located in an approved campground/recreational trailer park. 6 All development permit applications to allow more than four (4) propane tanks, or any number of propane tanks with a total capacity which exceeds 91.0 kg (200.0 lbs.), to be located within individual stalls, in approved campground or recreational vehicle park, will be required to include an Emergency Response Plan, prepared by the developer, at no cost to the municipality. The Emergency Response Plan will be circulated to the municipality's Fire Department for approval prior to issuance of a development permit. 7 Development permits issued for more than four (4) propane tanks or any number of propane tanks with a total capacity which exceeds 91.0 kg (200.0 lbs.) will only be granted for a period of one year. New development permit applications must be submitted annually if the proponent wishes to extend the development period. 8.27 OFF-STREET PARKING AND LOADING 1 Notwithstanding the District Regulations in effect on a lot, the following regulations shall also apply: 2 Location of Parking Facilities: a. An off-street parking area or accessory off-street parking area: i. shall not be located within 1.0 m (3.3 ft.) of a lot line common to the lot and to a road or highway; ii. shall be constructed so that adequate access to, and exit from each stall is to be provided at all times by means of maneuvering aisles; iii. shall have necessary curb cuts located to the satisfaction of the Development Authority; iv. in multiple dwelling developments, shall not be located in the front yard, unless otherwise approved by the Municipal Planning Commission. 3 Off-street Parking Areas: a. Unless otherwise approved by the Development Authority, each development shall provide on its site a parking area containing, at a minimum, the number of parking spaces as calculated from the following table: USE OF BUILDING OR Threeplexes, fourplexes, apartments and ground-oriented multiple unit dwellings 1.5 per dwelling unit Visitor parking 1 per five (5) units Seniors apartments 2 for each 3 dwelling units Boarding and lodging houses 1 per sleeping unit Senior citizens' homes 2 per 3 dwelling units Secondary suites, garage suites and in-law suites 1 per dwelling unit All other dwellings (single detached, duplex, row housing) 2 per dwelling unit Manufactured home parks 2 per manufactured home plus 1 visitor parking space per 3 manufactured homes Residential Uses above Commercial Uses 2 per dwelling unit Commercial Uses General retail establishments and personal service shops 1 per each 46.0 m2 (495.2 ft.2) of gross leasable floor space and one per two employees on maximum shift Eating and drinking establishments (except those as noted below) 1 per 4 seating spaces or 1 per 3 employees, whichever is greater Drive-in restaurants 1 per each 3.0 m2 (325 ft.2) of gross leasable area or 1 per 5 seating spaces, whichever is greater Other drive-in businesses 8 stalls or as required by the Development Authority Hotels and motels 1 per sleeping unit and 1 per 3 employees on maximum shift Workcamps 1 per rentable unit plus 1 per 3 employees on maximum shift Bed and breakfast establishments 1 per sleeping unit Major and minor home occupations 1 in addition to the requirements for the residential use For the first 1,000 m2 (10,764) sq. ft. of gross leasable area, for all other commercial uses 1 per each 30.0 m2 (325.0 ft.2) of gross leasable area For the next 3,000 m2 (32,291) sq. ft. of gross leasable area, for all other commercial uses 1 per each 20.0 m2 (215.0 ft.2) of gross leasable area For any additional gross leasable area beyond 4,000 m2 (43,055 ft.2), for all other commercial uses 1 per each 17.0 m2 (183.0 ft.2) of gross leasable area Place Auditoriums, halls, clubs, theatres and other recreation places, places of worship, spectator entertainment establishments, spectator sports establishments 1 per 10 seating spaces Indoor participant recreation services 1 per 3.5 seats or 3.1 per 10.0 m2 (107.6 ft.2) of floor area used by patrons whichever is greater. Bowling alleys 4 per lane plus the requirements for accessory uses Curling rinks 8 per sheet Health and fitness clubs 1 per each 10.0 m2 (107.6 ft.2) of floor area Hockey rinks and swimming pools 1 per 3.5 seats or 1 per 5.0 m2 (53.8 ft.2) of playing/water surface Racket sports facilities 2 per court Schools Elementary and junior high schools 1 per school employee during regular school hours plus 5 additional stalls High Schools 4 per 10 students Commercial Schools 1 per 10 seats plus auditorium requirements were applicable Industrial Use All industrial uses 1 per 3 employees on maximum shift, or as required by the Development Authority Hospitals and Similar Uses Health Services and Hospitals 1 per each 93.0 m2 (1,001.1 ft.2) of gross floor area, or 1 per 4 beds and one for every 2 employees on maximum shift, whichever is greater Extended medical treatment (sanatoriums, convalescent homes, senior citizen lodges, group care facilities, etc. 1 per every 2 guest rooms 1 visitor stall for every 5 guest rooms 1 per each staff member on largest shift Nursing homes 1 per each 93.0 m2 (1,001.1 ft.2) of gross floor area, or 1 per 4 beds and one for every 2 employees on maximum shift, whichever is greater Auxiliary Hospitals 1 per each 93.0 m2 (1,001.1 ft.2) of gross floor area, or 1 per 4 beds and one for every 2 employees on maximum shift, whichever is greater Health Services and Hospitals 1 per each 93.0 m2 (1,001.1 ft.2) of gross floor area, or 1 per 4 beds and one for every 2 employees on maximum shift, whichever is greater b. In the case of a use not specifically mentioned, the required number of on-site parking spaces shall be the same as for a similar use as determined by the Development Authority. c. Where a development contains more than one use as listed, the required number of parking spaces shall be the sum of the requirements for each of the uses listed. d. Where a fractional number of parking spaces are required, the next highest number of spaces shall be provided. e. If the Development Authority approves, one or more developments or uses may pool their minimum required parking spaces within one or more communal parking areas and may thereby collectively fulfill the requirements of this Bylaw. f. Handicap stalls may be required at the discretion of the Development Authority. g. Surfacing and Drainage: i. every off-street parking space being created, and the access thereto, shall be hard-surfaced in the same or superior manner as the adjacent road, highway, or lane as approved by the Development Authority. If there is more than one access to the parking space or spaces and, if the accesses have differing surfaces, the parking spaces shall be surfaced in the same manner as the more permanent surface, again, as required by the Development Authority; and ii. every commercial parking area shall be so graded and drained as to dispose of all stormwater runoff. In no case shall drainage be allowed to cross a sidewalk unless permitted otherwise by the Municipal Planning Commission. h. Required Number of Off-Street Parking Spaces: i. Required parking spaces shall normally be provided on the same lot as the development requiring the parking. The Municipal Planning Commission may allow, at its sole discretion, the Developer to provide the required parking spaces, or any portion thereof, at a location other than the lot on which the development requiring parking is taking place. ii. At the sole option of the Development Authority, a developer shall pay money to the municipality in lieu of providing parking spaces. The amount of money will be determined by the Council after their review of their plans and policies, as they may be, respecting the provision of said money in lieu of providing parking spaces. i. Change of Use of Building: i. Additional parking stalls stay with lot. If the Municipal Planning Commission decides that additional parking space is required, this cost is the responsibility of the property owner. j. Notwithstanding section 8.27.3.a above, in the Primary Commercial (C-1) District, the following provisions shall apply: i. in the case of expansion to the floor area of an existing building, additional parking spaces shall be required based on the size and use of the expansion only; ii. in the case of major renovations and architectural modifications to an existing building, no parking spaces in addition to those existing prior to undertaking the renovations or modifications shall be required. In the case of a change in the use of an existing building, no parking spaces in addition to those existing prior to the change in use shall be required provided that no alteration to the floor area of the building occurs; and iii. drainage shall only be allowed to cross sidewalks if approved by the Development Authority. k. All parking spaces shall be clear of any access driveways, aisles, ramps, columns, signs or other similar obstructions and shall conform to the requirements shown in the table below (See Figure 16 for definitions of column headings). PARKING ABCDE 0 6.2 m (20.3ft.) 2.8 m (9.2 ft.) 2.8 m (9.2ft.) 9.1 m (29.9ft.) 3.5 m (11.5ft.) 30 2.8 m (9.2ft.) 5.2 m (16.9 ft.) 6.2 m (20.3ft.) 13.8 m (45.3ft.) 3.5 m (11.5ft.) 45 2.8 m (9.2ft.) 6.0 m (11.5ft.) 6.2 m (20.3ft.) 15.5 m (50.9ft.) 3.5 m (11.5ft.) 60 2.8 m (9.2ft.) 6.5 m (21.3ft.) 6.2 m (20.3ft.) 18.4 m (60.4ft.) 5.5 m (18.0ft.) 90 2.8 m (9.2ft.) 6.2 m (20.3f6.0 t.) 6.2 m (20.3ft.) 19.0 m (62.3ft.) 7.0 m (23.0ft.) 30 DEGREE STALLS45 DEGREE STALLS 60 DEGREE STALLS 90 DEGREE STALLS FIGURE 16: PARKING AREA 4 Off-Street Loading Areas: a. Where a proposed development will, in the opinion of the Development Authority, require pick-up or delivery of commodities, adequate space for the loading and unloading of same shall be provided and maintained on the lot. b. When required by the Development Authority, loading spaces shall: i. have dimensions of not less than: Width 3.0 m (9.8 ft.) Length 7.5 m (24.6 ft.) Height above Grade 4.2 m (13.8 ft.) ii. provide vehicular access to, and egress from, a road, highway, or lane such that no backing or turning movements of vehicles going to or from the lot cause interference with traffic in the abutting roads, highways, or lanes; iii. be sited at an elevation or elevations convenient to a major floor level in building or to a utility elevator serving each major floor level; iv. be so graded and drained as to dispose of all storm water runoff. Drainage shall only be allowed to cross sidewalks if approved by the Development Authority; v. be paved or hard surfaced where a parking area is required to be paved or hard surfaced; vi. have adequate lighting to the satisfaction of the Development Authority; and vii. be screened on each side adjoining any Residential District by a wall, fence, earth berm or hedge of not less than 1.5 m (4.9 ft.) and not more than 2.0 m (6.5 ft.) in height. c. The number of loading spaces required to be provided in a development shall be as follows: USE OF BUILDING OR LO Retail Use, Industrial Warehouse, or Similar Development Less than less than or equal to 460 m2 (4,951.6 ft.2) of gross floor area 1 space For developments greater than 460 m2 (4,951.6 ft.2) and less than 2,300 m2 (24,757.8 ft.2) of gross floor area 2 spaces Each additional 2,300 m2 (24,757.8 ft.2) or fraction thereof. 1 additional space Neighbourhood Commercial Stores 1 space Office Buildings, Places of Public Assembly, Public Convalescent Homes, Institutions, Clubs or Lodges, Public Utilities, Schools or for any other similar uses Less than or equal to 2,800 m2 (30,139.9 ft.2) of gross floor area 1 space Each additional 2,800 m2 (30,139.9 ft.2) or fraction thereof 1 additional space Residential Uses Multiple Dwelling Developments 1 per 20 dwelling units or a fraction thereof d. Any other building or use shall provide loading spaces as required by the Development Authority. e. Where a fractional number of loading spaces are required, the next highest number of spaces shall be provided. 8.28 PROJECTION OVERYARDS 1 No portion of any building shall project onto, over or into a minimum required yard. 2 Notwithstanding section 8.28.1 above, the portions of an attachment to a main building which may project over a minimum required yard are: a. on a site in a residential district, a cornice, sill, a canopy or eaves which project for a distance not exceeding one-half of the minimum required side yard; b. a chimney which projects 0.6 m (2.0 ft.) or less provided that in each case it is not less than 0.9 m (3.0 ft.) from the side line; and c. unenclosed steps with or without a landing and above the surface of the yard if they do not project more than 2.4 m (8.0 ft.) over or on a minimum required front or rear yard. 8.29 PROTECTION FROM EXPOSURE HAZARDS 1 The location of an anhydrous ammonia or liquefied petroleum gas (AA or LPG) storage tank with a water capacity exceeding 9080 litre (2,000 gal.) shall be in accordance with the requirement of the Development Officer, but in no case be less than a minimum distance of 228.0 m (748.0 ft.) from assembly, institutional, mercantile or residential buildings. Nor shall a storage tank be placed within a minimum of 38.0 m (124.5 ft.) of the centre line of a grid road, 41.0 m (134.5 ft.) from the right-of-way of a minor two- lane highway or 70.0 m (230.0 ft.) from the right-of-way of a major two-lane highway. 2 AA or LPG containers with a water capacity of less than 9080 litres (2000 gal.) shall be located in accordance with regulations under the Alberta Safety Codes Act. 3 Flammable liquids storage tanks at bulk plants or service stations shall be located in accordance with regulations under the Alberta Safety Codes Act. 4 Setbacks from pipelines and other utility corridors shall be at the discretion of the Development Authority and be in accordance with the appropriate provincial regulations or acts, but in no case be less than a minimum distance of 30.0 m (98.4 ft.) for institutional, commercial, or residential buildings. 5 The location of the storage tank shall be completely enclosed by a security fence having a minimum height of 1.8 m (6.0 ft.). 6 Dangerous Goods warning signs of an appropriate nature shall be clearly visible at the site. Signs shall be attached to the fence and to the storage tanks. 8.30 RECREATIONAL VEHICLEPARKS 1 The construction and maintenance of all internal roads are to be the responsibility of the landowner/developer. Internal roads shall have a minimum of a 6.0 m (20.0 ft.) usable top, except for one-way roads, which shall have a minimum of a 3.65 m (12.0 ft.) usable top. 2 Recreational vehicle or camping spaces shall have a minimum of 13.5 m (49.0 ft.) width and a minimum of 273.0 m2 (2,938.5 ft.2) area. All such spaces shall be set back a minimum of 30.0 m (98.4 ft.) from the shoreline of any waterbody. 3 The developer shall provide an adequate on-site water supply. 4 As a condition of approval, the Development Authority shall require the developer to obtain any necessary permits and approvals from all regulatory authorities and agencies having jurisdiction over the type of development. 5 The development agreement may require the developer to construct, upgrade, or pay to construct or upgrade the necessary Village roads to access the development. 6 The developer shall designate an area equivalent to ten percent (10%) of the total recreational vehicle park area as a playground. This area is to be clearly marked and free from all traffic hazards. 8.31 RECREATIONAL VEHICLES 1 Notwithstanding any other provision of this Bylaw to the contrary, no person may occupy a recreational vehicle on any lot unless a development permit has been received for the placement and use of the recreational vehicle. 2 If the intention is to rent the recreational vehicle for any consideration (whether for money or for goods or service in kind), a development permit for a recreational vehicle park must be approved. Such a permit may only be approved in Districts where recreational vehicle parks are listed as a permitted or a discretionary use. 3 If the intention is to have the recreational vehicle occupied by person or persons, but not have any arrangement for any consideration as described in section 8.31.1 above, a development permit for the placement of the recreational vehicle as an accessory building and use must be approved. Such a permit may only be approved in Districts where residential uses are listed as a permitted or a discretionary use, and may only be approved for a period of time, which period shall not exceed six (6) months. In addition, no more than one (1) recreational vehicle used for such a purpose shall be allowed on any lot, and the placement of the recreational vehicle shall abide by all requirements for accessory buildings on the subject lot. 4 If the intention is to store an unoccupied recreational vehicle, unless a development permit has been issued for Outdoor Storage which includes recreational vehicles, no more than one (1) recreational vehicle shall be allowed on any lot. No development permit shall be required for the storage of one (1) unoccupied recreational vehicle on a lot. 5 No recreational vehicle, whether located within a recreational vehicle park or on a lot, may have associated with it any more than two (2) accessory structures, buildings, or other appurtenances, in addition to fences, benches, fire pits, picnic tables, a small shed with a maximum size of 10.0 m2 (107.6 ft.2), and a screened or roofed patio around or beside the recreational vehicle. 6 No structure accessory to a recreational vehicle shall be used as sleeping quarters. 7 Except for a recreational vehicle on a lot which may have an appurtenant garage for the storage of vehicles or boats, the total floor area or ground area covered by all accessory structures, buildings or other appurtenances (other than those indicated in section 8.31.2 above) shall not exceed the total floor area of the recreational vehicle. 8.32 SECONDARY SUITES 1 A secondary suite shall only be allowed on a lot occupied by a single detached dwelling or a duplex dwelling. 2 A secondary suite is prohibited from being constructed within apartment housing. 3 A maximum of one secondary suite is permitted per dwelling unit where allowed. Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the secondary suite. 4 A secondary suite includes, but not limited to, a food preparation area, counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities. 5 A secondary suite has an entrance separate from the entrance to the principal dwelling, either from a common indoor landing or directly from the exterior of the structure. 6 A secondary suite may include the conversion of a portion of existing space in the principal dwelling, the addition of new floor space to an existing dwelling or the construction of an accessory building. 7 The minimum parcel size for a secondary suite is 360.0 m2 (3875.0 ft.2) in size. 8 There is no minimum lot width requirement for secondary suites. 9 The minimum area for a secondary suite is 30.0 m2 (322.9 ft.2). 10 A secondary suite cannot exceed the maximum height of the principal dwelling. 11 Prior to development permit approval the developer must submit, along with an application for a development permit a parking plan that indicates the location and size of the on-site parking spaces. 12 A minimum of three (3) on-site parking spaces - two (2) for the dwelling and one (1) for the secondary suite - are required. Tandem parking may be permitted at the discretion of the Development Authority. 8.33 SERVICE STATIONS ANDGAS BARS 1 Service stations and gas bars shall be located in such a manner that: a. No entrance or exit thereto for motor vehicles shall be within 60 m (197 ft.) of an entrance to or exit from a fire hall, public or private school, playground, library, religious assembly, hospital, children's or senior citizens' home, or other public or quasi-public use; b. No part of a service station or gas station building or of any pump or other accessory shall be within 6 m (19.5 ft.) of a side or rear property line; c. Service stations shall have a front yard of not less than 12 m (39.5 ft.) and no fuel pump shall be located closer than 6 m (19.5 ft.) to the front property line; and d. Storage tanks shall be set back from adjacent buildings in accordance with the Alberta Safety Codes Act and regulations made thereunder, and the Alberta Fire Code. 2 Site Area and Coverage: a. The minimum site areas shall be 740 m2 (7965.5 ft.2) and the maximum building coverage shall be 25% of the site area. For service stations including car wash, the minimum site area shall be 1115 m2 (12,002 ft.2). b. Where a service station forms part of an auto dealership development, the minimum site area and maximum building coverage may be varied at the discretion of the Development Authority. 3 Site and Building Requirements: a. All parts of the site to which vehicles may have access shall be surfaced and drained to the satisfaction of the Development Authority. b. No activity may be carried on which constitutes an undue nuisance or annoyance to persons occupying land in the immediate vicinity of the site, by reason of dust, noise, gases, odours, smoke or vibration. c. The site of the buildings shall be maintained in a clean and tidy condition and free from all rubbish and debris. 8.34 SIGNS In addition to the other regulations of this Bylaw, the following additional regulations shall apply to signs: 1 Limitations a. Except as provided in Section 3.2 of this Bylaw, no person shall erect, relocate or structurally alter or enlarge any sign, including an election sign, unless he has complied with the requirements of this Section and any other relevant provisions of this Bylaw, and has been issued a development permit in respect thereof. b. The Development Authority may issue a development permit for a sign as part of the development permit for the use or the building to which the sign pertains, provided the development permit application indicates that there is to be a sign and provided further that all information requirements for a development permit application for a sign are met to the satisfaction of the Development Authority. c. Provisions for election signs and property for sale or rent signs are provided in Section 3.2 of this Bylaw. 2 Information Requirements for a Development Permit for a Sign a. In addition to the requirements of Section 3.1 of this Bylaw, a development permit application for a sign shall include the following information: i. letter of consent from the property owner; ii. two copies of colour drawings, drawn to scale, showing the sign, any structural supports, and the dimensions, thickness, area, and colours, of the sign; iii. any animation, moving copy, or other moving features of the sign, if applicable; iv. method of illumination, if applicable; v. mounting details; vi. the location and size of all other existing and proposed signs on the building façade or site; vii. mounting heights and clearances to grade; and viii. the amount of projection of the sign from a building, if any. 3 Signs as Permitted or Discretionary Uses a. No sign, other than an off-site sign in the Districts indicated in section 8.34.3.b below, or a sign which is otherwise exempted from the requirement of obtaining a development permit as indicated in Section 3.2 of this Bylaw, shall be allowed unless it is accessory to an existing use. b. Notwithstanding any other provision of this Bylaw to the contrary, except as otherwise indicated in this section, off- site signs shall be considered to be discretionary developments in all Commercial Districts, in all Industrial Districts, and in the Urban Reserve (UR) District. 4 Procedures for the Consideration of Development Permit Applications for Signs a. All development permit applications for signs shall follow the process outlined in Section 3 - Development of this Bylaw and be subject to appeal if applicable in accordance with Section 5 - Appeals of this Bylaw. 5 General Sign Regulations a. A sign shall not be erected, operated, used or maintained if, in the opinion of the Development Authority: i. its position, size, shape, colour, format or illumination obstructs the view of, or may be confused with, an official traffic sign, signal or device or other official sign, or otherwise poses a potential hazard to traffic; ii. it displays lights which may be mistaken for the flashing lights customarily associated with danger or with those used by police, fire, or other emergency vehicles; or iii. it would be situated within the area regulated by Section 8.7 of this Bylaw. b. A sign shall be integrated with the building on which it is to be located and compatible with the general architectural lines and forms of the nearby buildings or of adjoining developments. c. Where possible, signs shall not cover architectural details such as arches, sills, mouldings, cornices and transom windows. d. A sign or sign structure shall be set back a minimum of 0.5 m (1.6 ft.) from any property boundary and no part of a sign may encroach onto an adjacent lot or a road or lane. e. Except as otherwise specified in this Bylaw, the maximum are of any sign shall be 18.0 m2 (193.6 ft.2). f. At the discretion of the Development Authority a maximum of five (5) signs may be allowed on a lot, including temporary signs and portable signs. g. Signs will not be allowed on fences in Residential Districts or Commercial Districts. 6 Care and Maintenance of Signs a. All signs shall be maintained in good and safe structural condition and shall be periodically repainted. b. Where the Development Authority determines that a sign is abandoned or in an overall state of disrepair they may, by notice in writing to the owner of the land on which the sign is located and, if it is indicated on the sign, the owner or operator of the sign, order the owner of the land and the owner or operator of the sign to: i. remove the sign and all related structure components within what the Development Authority deems to be a reasonable period of time; or ii. take such measures as they may specify in the notice to alter and/or refurbish and/or repair the sign. c. Failure to remove the sign or to comply with the measures specified in the notice described in section 8.34.6.b above may result in the issuance of a violation ticket as described in this Bylaw. d. The notice described in section 8.34.6.b above shall be considered to be a stop order for the purposes of this Bylaw. 7 Type of Signs a. A-Frame Signs i. Notwithstanding any other provision of this Bylaw to the contrary, A-frame signs shall be allowed only in Commercial Districts. ii. The maximum area of each A-frame sign face which is located on a sidewalk shall be 0.7 m2 (7.5 ft.2). Figure 17 illustrates area and height requirements for A-frame signs. iii. The maximum area of each A-frame sign face located in another location, approved by the development authority, shall be 1.5 m2 (16.0 ft.2). iv. The maximum height of an A-frame sign which is located on a sidewalk shall be 1.0 m (3.3 ft.). v. No A-frame sign shall be located on a sidewalk in such a manner so as to obstruct pedestrian flow. vi. The maximum height of an A-frame sign placed in other locations shall be 1.8 m (6 ft.), measured perpendicular distance from the ground to the highest point of the sign when set up. vii. No more than one (1) A-frame sign shall be allowed per business frontage. viii. Where the back of an A-frame sign is visible, it shall be suitably painted or otherwise covered to present a neat and clean appearance. Angle iron shall not be open to public view unless finished in an aesthetically pleasing manner to the satisfaction of the Development Authority. ix. The area around an A-frame sign shall be kept clean. All vegetation shall be cleared away to a distance of at least 1.5 m (4.9 ft.) around the A-frame sign. x. A-frame signs are not to be used in conjunction with projecting signs at grade level. b. Canopy Signs i. Where a canopy is constructed solely as a support structure for a sign, the following regulations shall be adhered to: (i) the maximum area of all canopy signs on one face of a canopy shall not exceed 50% of the area of the face of the canopy; (ii) the bottom of the canopy shall be not less than 2.5 m (8.2 ft.) above grade; (iii) no part of the canopy shall project over a road or lane; (iv) unless otherwise approved by the Development Authority, the vertical dimension of the canopy shall not exceed 1.5 m (4.9 ft.); (v) signs suspended under a canopy shall have a vertical clearance of a minimum of 2.5 m (8.2 ft.) from grade; FIGURE 1 (vi) each tenant of a building shall be allowed one (1) under-canopy sign of no more than 0.5 m2 (5.4 . in area; and (vii) all canopy signs shall be erected in such a manner that the structural support elements are designed to appear as an integral part of the overall sign design and concealed such that no angle iron bracing, guy wires or similar support elements are visible from a road or lane. c. Freestanding Signs i. The sign area for a single or multi-faceted freestanding sign shall be the average of the total area of all freestanding sign faces. ii. One (1) freestanding sign per business frontage may be erected on a site having a minimum business frontage of 15.0 m (49.2 ft.) at road level. iii. Notwithstanding section 8.34.7.c.ii above, a maximum of one (1) freestanding sign may be allowed per site except: (i) where a site has more than a 90.0 m (295.3 ft.) frontage, one (1) additional freestanding sign may be erected at the discretion of the Development Authority. (ii) where a site is considered by the Development Authority to be a double fronting site, each frontage may have freestanding signs providing that the freestanding signs are at least 90.0 m (295.3 ft.) apart. (iii) Additional signs may be allowed at the discretion of the Development Authority. iv. The total sign area of all freestanding signs on a site shall not exceed 0.3 m2 (3.2 ft.2) in area for each lineal metre of frontage, to a maximum of 12.0 m2 (129.2 ft.2). v. The maximum height of a freestanding sign shall be 7.0 m (23.0 ft.). vi. Where a freestanding sign and a projecting sign are located along the same frontage of a site, a minimum distance of 10.0 m (32.8 ft.) shall be maintained between the signs. vii. Any support structure for a freestanding sign shall be set back a minimum of 0.3 m (1.0 ft.) from any site line and no part of the freestanding sign itself shall encroach onto or overhang an adjacent site, road or lane. d. Portable Signs i. Any support structure for a portable sign shall be set back a minimum of 0.5 m (1.6 ft.) from any site line and no part of a portable sign shall encroach onto or overhang an adjacent site, road or lane. ii. No more than one (1) portable sign shall be located on a site. iii. Notwithstanding section 8.34.7.d.ii above, one (1) portable sign may be allowed for each business in a multiple- occupancy development provided that no portable sign is located closer to another than 15.0 m (49.2 ft.). iv. All portable signs shall be double-faced. v. No portable sign shall exceed a height of 2.5 m (8.2 ft.) above grade. vi. Portable signs shall not be placed on a site so as to conflict with or take up space for parking, loading, or walkways. vii. Notwithstanding any other provision of this Bylaw to the contrary, portable signs shall not be allowed in any Residential District. e. Projecting Signs i. No projecting sign shall project over another site, a road, or a lane. ii. A projecting sign shall have a vertical clearance of a minimum of 2.5 m (8.2 ft.) from grade. iii. No more than one (1) projecting sign of 0.5 m2 (5.4 ft2 in size shall be allowed for each frontage of a commercial or industrial use. iv. All projecting signs shall be erected in such a manner that the structural support elements are designed to appear as an integral part of the overall sign design and concealed such that no angle iron bracing, guy wires, or similar support elements are visible from a road. f. Roof Signs i. Roof signs must be manufactured and erected in such a way that they appear as an architectural feature and they shall be finished in such a manner that the visual appearance from all sides makes them appear to be part of the building itself. ii. No supporting structure for a roof sign shall be visible to the public unless finished in an aesthetically pleasing manner to the satisfaction of the Development Authority. iii. All roof signs shall be set back a minimum of 1.0 m (3.3 ft.) from the edge of the building on which the roof sign is located. g. Fascia Signs i. The portion of a wall which can be used for or which can be covered by a wall sign on the front of a building shall be the space defined by the following lower and upper limits: (i) the lower limit of the portion shall be the lower limit of the lintel or the window head of the first storey, but in no case lower than 2.4 m (7.9 ft.) above grade; (ii) in the case of a one storey building, the upper limit of the portion shall be either: 1. the roofline of a flat-roofed building, or, where there is an existing majority of wall signs which exceed the roofline, the upper limit of such existing wall signs; or 2. a maximum of 0.8 m (31.5 inches) above the line of the eaves, if there is a parapet wall, provided that the sign does not project above the upper edge of the parapet; or 3. the line of the eaves; (iii) in the case of a building that is not a one storey building, the upper limit of the portion shall be the window sill of the second storey or, in the absence of any windows on the second storey, 0.8 m (31.5 inches) above the floor elevation of the second storey. ii. Notwithstanding 8.34.7.g.i above, a wall sign may be located: FIGURE 18: FASCIA SIGN PLACEMENT, ONE STOREY BUILDINGFIGURE 19: FASCIA SIGNPLACEMENT, (i) below the area defined in 8.34.7.g.i above, provided: 1. the sign consists of individual letters, symbols, or logos that are directly attached to the building face; 2. the sign states no more than the name of the building or the principal tenant of the building; and 3. the sign area does not exceed 20% of the building face below the area defined in 8.34.7.g.i above; (ii) between the second storey window lintel and the third storey window sill, or, in the case of a two storey building, between the second storey window lintel and the roof or parapet, provided: 1. the sign states no more than the name of the building or the principal tenant of the building; and 2. the sign area does not exceed 2.5 m2 (26.9 21. ft.); or (iii) above the third storey window sill, provided: 1. the sign states no more than the name of the building or principal tenant of the building; and 2. there is no more than one (1) sign per building face above the third storey. iii. A wall sign may be allowed on the side wall of a building facing a road where a development is located on a corner site provided that the sign is integrated with the other signage on the building and is of the same height and width. iv. Any other location for a wall sign shall be at the discretion of the Development Authority, who shall have consideration for the aesthetic quality and compatibility of the proposed wall sign with adjacent developments. h. Inflatable Signs i. A small inflatable style sign can be placed on an approved temporary sign location, and does not require a development permit, provided it is, no larger than 5.5 m2 (59.2 ft.2) as applicable. ii. Larger inflatable signs require that a development permit be applied for, and approval obtained before installation. iii. One inflatable sign may be located on a site and must be tethered or anchored so that it is touching the ground surface to which it is anchored. iv. The maximum height of an inflatable sign shall be the allowed height of a freestanding sign for the site. v. An inflatable sign can only be located on a site twice in a calendar year and not for longer than 30 consecutive days. vi. Inflatable signs cannot be located on the roof of a structure. 8 Signs in or Adjacent to Residential Districts a. Except as provided in 8.34.8.b. and 8.34.8.c below, no sign shall be permitted in Residential Districts except for places of worship, schools or other public institutions. b. An approved major home occupation may display a sign, not larger than 0.2 m2 (2 ft.2) in the window of the dwelling. c. An approved bed and breakfast may display a sign, not larger than 0.2 m2 (2.0 ft.2). If outside, the sign shall be placed in a location that is satisfactory to the Development Authority. Alternatively, the sign may be displayed from the inside a window of the dwelling. FIGURE 20: EXAMPLE OF A PARAPET WALL AND EAVES d. One (1) freestanding sign per site may be allowed for the purpose of identifying the name of a multiple dwelling development, a manufactured home park, a neighbourhood, or a subdivision, provided: i. the sign area does not exceed 5.0 m2 (53.8 ft.2); ii. the height of the sign does not exceed 2.0 m (6.6.ft.); and iii. the sign is not internally illuminated, though it may be lit from the front. e. Name or number signs shall have a surface area of no more than 0.3 m2 (3.0 ft.2). f. When an illuminated sign is located in a District adjacent to a Residential District, the illumination from that sign shall be deflected away from the Residential District. g. When, in the opinion of the Development Authority, a proposed sign in any District adjacent to a Residential District might be objectionable to a resident in the Residential District, the Development Authority may impose such other requirements as they deem necessary, to protect the amenities of the Residential District. 9 Signs Relating to Institutional Uses a. In any District where a place of worship or a school or another institutional use is allowed, one (1) sign of not more than 5.0 m2 (53.8 ft.2) in area shall be allowed to be erected on the site occupied by the place of worship, school, or other institutional use. 8.35 SITE CONDITIONS 1 Development shall not be allowed on unstable slopes, land characterized by soil instability, or land exhibiting evidence of poor drainage or flooding unless it can be demonstrated to the satisfaction of the Development Authority that unique site requirements warrant otherwise. 2 Lands Subject to Flooding or Subsidence a. Notwithstanding that a proposed development conforms in all respects with this Bylaw, where the application is for development on lands that are or may be subject to flooding or subsidence, or in an area potentially subject to a 1:100 year flood, the Development Authority shall not approve a development permit unless the applicant can demonstrate that preventive engineering and construction measures can be instituted to make the site suitable for the proposed development or to protect the development from the potential flooding hazard. b. If a development is subsequently approved in such an area, the developer shall be required to implement the preventive measures referred to in section 8.35.2.a above, and agree within an agreement that can be caveated against the titles of the affected lands, that he and/or any subsequent landowners shall be responsible for any damage or loss caused by flooding or subsidence. 3 The Development Authority may impose conditions on the approval of a development permit requiring the retention of trees, or additional planting of such a type and extent that is considered necessary. 4 The Development Authority may prescribe setback and/or buffering requirements for uses which may be incompatible with adjacent land uses. 5 The Development Authority may prescribe or approve screening for uses which involve the outdoor storage of goods, machinery, vehicles, building materials, waste materials, and other similar uses. 8.36 SOLAR ENERGY COLLECTION SYSTEMS 1 Solar energy collection systems shall only be allowed as accessory developments. 2 Ground mounted solar collectors shall be located in a side or rear yard only. 3 When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot should not be located so as to block the solar collector's access to solar energy. The portion of a solar collector that is protected is the portion which: 4 is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical 3.66 m (12 ft.) obstruction located on the lot line; and, 5 has an area not greater than one-half of the heated floor area of the structure, or the largest of the structures, to be served. 6 Notwithstanding the foregoing, the Village shall not be held responsible for protecting access to solar energy on private land. 7 No solar energy collection system that is tied into a grid shall be installed until evidence has been given that the utility has been informed of the customer's intent to install an interconnected customer-owner generator. A copy of a letter to the applicant's utility is sufficient. No response or evidence of approval from the utility is required. Off-grid systems and grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from the requirement. 8.37 SOUR GAS FACILITIES 1 No development shall be allowed within 100 m (328 ft.) of a Level 1 sour gas facility (consisting of a well) as determined by the Alberta Energy Resources Conservation Board (ERCB). 2 In the case of a Level 2 sour gas facility as determined by the ERCB: a. no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour gas facility; and b. no institutional use shall be allowed within 500 m (1640 ft.) of the sour gas facility. 3 In the case of Level 3 sour gas facility as determined by the ERCB: a. no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour gas facility; b. no residential development with a density of more than eight (8) dwelling units per quarter section shall be allowed within 500 m (1640 ft.) of the sour gas facility; and c. no institutional use shall be allowed within 1500 m (4921 ft.) of the sour gas facility. 8.38 SUBDIVISION OF LAND 1 Where the development of land requires a subdivision, no development permit shall be issued until the proposed subdivision has received tentative approval from the Subdivision Authority for the Village. 2 Development agreements shall be required as a condition of approval for subdivision of land within the Village. 8.39 TOPSOIL REMOVAL 1 A development permit is required for the removal of top soil, sand, or gravel for commercial purposes. 2 The Development Authority may refer a copy of a development permit application for topsoil removal to the appropriate provincial agencies for input prior to making a decision. 8.40 WIND ENERGY CONVERSION SYSTEMS, LARGE 1 Prior to making a decision on an application for a development permit for a large wind energy conversion system, the Development Authority shall consider input from: a. any adjacent municipality should the proposed development be located within 2 km (1.2 mi.) of the municipality; and b. landowners within 2 km (1.2 mi.) of the proposed development. 2 When making an application for a development permit for a Large Wind Energy Conversion System, the developer shall provide to the Development Authority appropriate reports and/or approvals from the following: a. Transport Canada b. NavCanada c. Alberta Culture, Multiculturalism and Status of Women d. Alberta Environment and Parks e. Alberta Transportation 3 Should a large wind energy conversion system discontinue producing power for a minimum of two (2) years, the system operator shall be required to provide a status report to the Development Authority. The Development Authority may then require that the system be decommissioned. Failure to comply with a decommissioning requirement shall be considered to be a breach of this Bylaw, and subject to the enforcement provisions of this Bylaw. 4 A large wind energy conversion system shall comply with all the setbacks related to roads and highways that govern the principal use in the district in which it is located. 5 Where, in the opinion of the Development Authority, the setbacks referred to in Section 8.40.4 above are not sufficient to reduce the impact of a large wind energy conversion system from a road or highway, the Development Authority may increase the required setback. 6 The turbine base shall be no closer to the property line than four times the height of the wind turbine tower. Where in the opinion of the Development Authority the setback from the property line should be varied, the Development Authority may require an acoustical study to establish appropriate setbacks. 7 The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.) for a wind energy conversion system employing a horizontal axis rotor unless otherwise required by the Development Authority. 8 To ensure public safety, the Development Authority may require that: a. a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable gate surround a wind energy conversion system tower if the tower is climbable or subject to vandalism that could threaten tower integrity; b. no ladder or permanent tower access device be located less than 3.7 m (12.1 ft.) from grade; c. a locked device be installed on the tower to preclude access to the top of the tower; and d. such additional safety mechanisms or procedures be provided as the Development Authority may consider reasonable and appropriate. The use of tubular towers, with locked door access, may, at the sole discretion of the Development Authority, make unnecessary the above requirements. 9 All power lines on the site of a large wind energy conversion system to the power grid or a power substation will be underground except where the Development Authority specifically approves overhead or above grade installations. 10 Unless otherwise required by the Development Authority, a large wind energy conversion system shall be finished in a non- reflective matte and in a colour which minimizes the obtrusive impact of a system to the sole requirements of the Development Authority. 11 No lettering, advertising or other symbol shall appear on the towers or blades. On other parts of the large wind energy conversion system, the only lettering or symbol allowed will be the manufacturer's and/or owner's identification or symbol and then, only upon the approval of and at the sole discretion of the Development Authority. 12 The Development Authority may approve a large wind energy conversion system on a case-by-case basis having regard for: a. information provided in the application; b. the proximity of the proposed development to other land uses; c. the cumulative effect of all wind energy conversion systems approved or proposed in the area; d. underlying utilities; and e. information received from the circulation of the application and from the public. 13 Large wind energy systems must comply with applicable air traffic safety regulations. Transport Canada must be notified of the location (latitude and longitude) and height of all wind turbine installations through the aeronautical clearance application process. 8.41 WIND ENERGY CONVERSION SYSTEMS, MICRO 1 A micro wind energy conversion system may be an accessory building on a lot where any other use is the principal use. A micro wind energy conversion system may also, where indicated as a permitted or discretionary use within a District, be a principal use on a lot. 2 Notwithstanding any other provisions in this Land Use Bylaw, micro wind energy conversion systems, which are systems which have a rated capacity of less than 0.5 KW, may only be roof mounted or ground mounted within a side or rear yard. 3 Micro wind energy conversion systems shall be required to conform to set back requirements for accessory buildings. 4 Maximum height shall be the maximum height provisions that apply within the district in which the micro wind energy conversion system is located. 5 One micro wind energy conversion system is allowed per lot. A second system may be permitted at the discretion of the Development Authority if the applicant can demonstrate that there is adequate room on the lot. 8.42 WIND ENERGY CONVERSION SYSTEMS, SMALL 1 Small wind energy conversion systems shall only be allowed as accessory developments. 2 For property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind turbine tower height shall be limited to 25.0 m (82.0 ft.). For property sizes of 0.2 ha (0.5 ac.) or more, there is no limitation on wind turbine tower height, subject to the set-back requirements below, and provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or any distributor of the system. 3 The turbine base shall be no closer to the property line than the height of the wind turbine tower, and no part of the system structure, including guy wire anchors, may extend closer than 3.0 m (9.8 ft.) to the property boundaries of the installation site. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of 2.0 m (6.6 ft.) above the guy wire anchors. The Development Authority may waive setback requirements from adjacent properties if such adjacent property owner agrees to grant an easement binding on current and future owners. 4 The mean value of the sound pressure level from small wind energy systems shall not exceed more than 6 decibels (dBA) above background sound, as measured at the exterior of the closest neighbouring inhabited dwelling (at the time of installation or during operation), for wind speeds below 10 m per second (22 mph) and except during short-term events such as utility outages and/or severe wind storms. 5 Development permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings, anchoring method and drawn to scale. An engineering analysis of the wind turbine tower showing compliance with the International Building Code and certified by a licensed professional mechanical, structural, or civil engineer shall also be submitted. Documentation of this analysis supplied by the manufacturer shall be accepted. 6 Small wind energy systems must comply with applicable air traffic safety regulations. A statement on compliance by the applicant is sufficient. Transport Canada must be notified of the location (latitude and longitude) and height of all wind turbine installations through the aeronautical clearance application process. Small wind turbine towers shall not be artificially lit except as required by Nav Canada. 7 Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to existing electrical codes. This information is frequently supplied by the manufacturer. 8 No small wind energy system that is tied into a grid shall be installed until evidence has been given that the utility has been informed of the customer's intent to install an interconnected customer-owner generator. A copy of a letter to the applicant's utility is sufficient. No response or evidence of approval from the utility is required. Off-grid systems and grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from the requirement. 9 One Small Wind Energy System is allowed per single detached dwelling on a lot. 8.43 WIRELESS COMMUNICATION FACILITIES 1 The municipality will encourage developers of wireless communications facilities to demonstrate good planning and design with foremost regard to safety of the general public; adherence to established construction standards in industry; minimizing impacts to the natural environment; minimizing the visual impacts on nearby residents; and ensuring public consultation in the early development stages. A letter of support of support will be provided to licensing and approving authorities for applications meeting these criteria. A letter of non-support will be provided to licensing and approving authorities for applications not meeting these criteria. 2 Developers of a wireless communications facility that plan for the facility and can accommodate other wireless operators on the site will be given priority status. 3 The application for development of a wireless communications facility is encouraged to engage existing owner/operators of these structures for co-location opportunities. Existing operators are encouraged to participate in the process by charging reasonable rates for this privilege. 4 Applications for development of structures outside of the Alberta Building Code such as lattice towers shall include a document from authoritative sources demonstrating structural adequacy of the specified structure for the location and loading defined in the application. Such authorities include: the Canadian Standards Association and qualified structural engineers. Stamps and Seals of approval shall accompany the documentation. 5 Guyed-tower structures are to be located on properties that allow for a distance from the base to boundary setbacks that is no less than equal to the final structure height. In all cases that base and anchor structures must be designed for the soil conditions present. A professional engineered design with supporting soil profiles must accompany the application for development. Precise location (Latitude and Longitude) of the base and anchors must be revealed. 6 Self-support towers are to be located respecting the building and safety codes for the community. In all cases the base structures must be designed for the soil conditions present. A professional engineered design with supporting soil profiles must accompany the application for development. 7 Multiple tower structures will require individual development permit applications. 8 Applications for the development of wireless facilities must include in the development application letters from the following authorities: a. Transport Canada governing painting and lighting of the applicant's tower for aeronautical safety; b. Nav Canada governing aircraft communication and instrumentation immunity from the applicant's tower transmissions; c. Industry Canada governing the frequency of operations and public safety from non-ionized radiation in accordance with Safety Code 6. Licensed Exempt operators must provide a stamped letter from a licensed professional RF engineer guaranteeing these conditions will be met; and 9 Appropriate fencing around the base, anchors and site limiting public access to the tower and exposure to high RF energy fields must be provided with consideration of community esthetics. 10 The application for development must include consideration to minimizing environmental damage through the following measures: a. Consultation with Federal and Provincial environmental agencies to ensure the site selected and the resultant construction does not impact upon sensitive ecologies nor interfere with migrating birds or animals. Confirming letters from these agencies must accompany the application for development. b. The application for development shall include a signed letter from the applicant detailing corrective action(s) to remediate any environmental damages. 11 As a condition of obtaining a development permit the applicant agrees to the following: a. The site will be reclaimed within six (6) months of cessation of operation. b. The site reclamation will comply with Alberta Environmental Laws to be provided by Alberta Environment or their agent. 12 Applicants for development of a wireless facility within a Hamlet must demonstrate attention to community esthetics in their choice of structure. 13 A public consultative process shall commence within the intent to establish a wireless facility advertisement in the local newspapers and b letter to the neighbouring property owners 120 days prior to the anticipated date of construction. The municipality will arrange for the public meetings at its discretion and at the sole expense of the applicant. 9. ESTABLISHMENT OF DISTRICTS AND REGULATIONS 1 For the purposes of this Bylaw, the Village of Glendon is divided into the following districts: SYMBOLLAND USE DISTRICTR1 Residential District (Large Homes, Large Lots) R2 Residential District (Small Homes, Small Lots) R3 Residential District (Medium Density) R4 Residential District (High Density) RMH1 Manufactured Home Subdivision District RMH Manufactured Home Park District C1 Commercial District (Downtown) C2 Commercial District (General) M1 Industrial District P Community District I Institutional District UR Urban Reserve District 2 For the purposes of this Bylaw, the R1, R2, R3, R4, RMH1 and RMH Districts shall be considered to be Residential Districts, and the C1 and C2 Districts shall be considered to be Commercial Districts. 3 The boundaries of the districts listed in this Bylaw are as delineated on the LAND USE DISTRICT MAP, which is Part 10 of this Bylaw. 4 Where uncertainty exists as to the boundaries of districts as delineated on the LAND USE DISTRICT MAP, the following rules shall apply: RULE 1 Where a boundary is shown as following a street or lane, it shall be deemed to follow the centre line thereof. RULE 2 Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the lot line. RULE 3 In circumstances not cover by Rules 1 and 2, the location of the district boundary shall be determined: a. where dimensions are set out on the LAND USE DISTRICT MAP, by the dimensions so set, or b. where no dimensions are set out on the LAND USE DISTRICT MAP with respect to such boundary, by measurement of and use of the scale shown on the LAND USE DISTRICT MAP. 5 Where the application of the above rules does not determined the exact location of the boundary of a district, the Council, either on its motion or upon written application being made to it by any person requesting the determination of the exact location of the boundary, shall fix the portion of the district boundary in doubt or dispute in a manner consistent with the provisions of this Bylaw and the degree of detail as to the measurements and directions as the circumstances may require. 6 The Development Authority shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by it. 9.2 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS 1 Land Use District regulations shall be as set forth in Sections 8, 9, and 10 of this Bylaw. 10. LAND USE DISTRICTS10.1 R1 -RESIDENTIAL DISTRICT(LARGE HOMES, LARGE LOTS) 1 General Purpose a. The general purpose of this District is to allow the development of high quality, large single detached dwellings on large lots. 2 Permitted Uses a. Buildings and uses accessory to permitted uses b. Minor home occupations c. Parks, playgrounds and similar recreational uses d. Public utilities, not including an enclosed building e. Single detached dwellings 3 Discretionary Uses a. Bed and breakfast establishments b. Buildings and uses accessory to discretionary uses c. Day homes d. Family care facilities e. Garage suites f. Group care facilities g. Group homes h. In-law suites i. Major home occupations j. Neighbourhood convenience stores k. Public or quasi-public uses l. Religious assemblies m. Relocated building n. Sea cans o. Secondary suites p. Semi-detached dwellings q. Show homes r. Solar energy collection systems s. Wind conservation systems, micro 4 Subdivision Requirements a. Minimum Lot Area for Single Detached Dwellings In the Case of Road and Lane Systems Internal Lots 650.3 m2 (7000.0 ft.2) Corner Lots 728.4 m2 (7840.0 ft.2) In the Case of Laneless Systems Internal Lots 696.5 m2 (7497.1 ft.2) Corner Lots 781.5 m2 (8412.0 ft.2) b. Minimum Site Depth In the Case of Road and Lane Systems 42.6 m (140.0 ft.) In the Case of Laneless Systems 45.7 m (150.0 ft.) c. Minimum Site Width Internal Sites 15.2 m (50.0 ft.) Corner Sites 17.1 m (56.0 ft.) 5 Development Requirements Minimum Lot Area for Other Uses As required by the Development Authority Development on Existing Substandard Lots Development on existing substandard lots may be considered by the Development Authority. Compliance with provincial plumbing, drainage and health Regulations will be required. Minimum Floor Area for Residential Uses 120.0 m2 (1292 ft.2) for each dwelling unit. 6 Minimum Yard Requirements Front Yard As required by the Development Authority Side Yard 10% of the lot width Side Yard (Corner Lot) 4.5 m (14.75 ft.) Side Yard (Where there is no Lane and where no Attached Garage is provided) 3.0 m (9.84 ft.) Rear Yard 7.5 m (24.6 ft.) Safety Codes Requirements Notwithstanding these yard requirements, any requirements established pursuant to the Alberta Safety Codes Act must be provided. 7 Site Coverage Maximum (Dwellings) 30% Maximum (Accessory Buildings) 12% 8 Design, Character, and Appearance of Buildings a. Buildings may be either of new construction or moved in. Exterior finish to be: wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. b. All modular dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick, or equivalent, as required by the Development Authority. Solid footings and/or a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the modular dwelling. c. All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a modular dwelling shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the modular dwelling. 9 Other Requirements a. Every fence enclosing an outdoor swimming pool or hot tub exceeding 0.9 m (3.0 ft.) in depth shall be at least 1.7 m (5.6 ft.) in height and shall designed so as to try to deter children from climbing over or crawling through or under it to gain access. Gates in the fence shall be the same height as the fence and shall be equipped with a self-latching device located on the inside of the fence. b. The maximum height of any building shall be 10.0 m (32.8 ft.). 10.2 R2-RESIDENTIAL DISTRICT (SMALL HOMES, SMALL LOTS) 1 General Purpose a. The general purpose of this District is to allow the development of primarily smaller single detached dwellings on large lots, with the possibility of some duplex development at the discretion of the Development Authority. 2 Permitted Uses a. Buildings and uses accessory to permitted uses Minor home occupations b. Modular homes c. Parks, playgrounds and similar recreational uses d. Public utilities, not including an enclosed building e. Single detached dwellings 3 Discretionary Uses a. Bed and breakfast establishments b. Day homes c. Duplexes d. Family care facilities e. Garage suites f. Group care facilities g. Group homes h. In-law suites i. Major home occupations j. Neighbourhood convenience stores k. Public or quasi-public uses l. Religious assemblies m. Relocated building n. Sea cans o. Secondary suites p. Semi-detached dwellings q. Show homes r. Solar energy collection systems s. Wind conservation systems, micro t. (Buildings and uses accessory to discretionary uses) 4 Subdivision Requirements for Single Detached Dwellings a. Minimum Lot Area In the Case of Road and Lane Systems Internal Lots 557.4 m2 (6,000.0 ft.2) Corner Lots 624.3 m2 (6,720.0 ft.2) In the Case of Laneless Systems Internal Lots 603.9 m2 (6,500.0 ft.2) Corner Lots 676.3 m2 (7,280.0 ft.2) b. Minimum Site Depth In the Case of Road and Lane Systems 36.6 m (120.0 ft.) In the Case of Laneless Systems 39.6 m (130.0 ft.) c. Minimum Site Width Internal Sites 15.2 m (50.0 ft.) Corner Sites 17.1 m (56.0 ft.) 5 Subdivision Requirements for Duplexes and Semi-Detached Dwellings a. Minimum Lot Area Duplexes Internal Lots 287.5 m2 (3,094.5 ft.2) per unit Corner Lots 315.0 m2 (3,390.6 ft.2)per unit Semi-Detached Dwellings Internal Lots 334.0 m2 (3,595.2 ft.2) per unit Corner Lots 371.5 m2 (3,998.8 ft.2)per unit 6 Development Requirements (Single Detached Dwellings) Minimum Floor Area (One Storey Buildings) 83.0 m2 (893.4 ft.2) Minimum Floor Area (One and a Half Storey Buildings) 92.0 m2 (990.3 ft.2) Minimum Floor Area (Two Storey Buildings) 111.0 m2 (1,195.0 ft.2) Development on Existing Substandard Lots Development on existing substandard lots may be considered by the Development Authority. Compliance with provincial plumbing, drainage and health Regulations will be required. 7 Development Requirements (Duplexes and Semi-Detached Dwellings) Minimum Floor Area 74.3 m2 (800.0 ft.2) per dwelling unit 8 Development Requirements (All Other Uses) Regulations All regulations shall be as required by the Development Authority. 9 Minimum Yard Requirements (Single Detached Dwellings, Duplexes and Semi-Detached Dwellings) Front Yard 7.5 m (24.6 ft.) Side Yard 10% of the lot width Side Yard (Corner Lot) 4.5 m (14.75 ft.) Side Yard (Where there is no Lane and where no Attached Garage is provided) 3.0 m (9.84 ft.) Rear Yard 7.5 m (24.6 ft.) Safety Codes Requirements Notwithstanding these yard requirements, any requirements established pursuant to the Alberta Safety Codes Act must be provided. 10 Lot Coverage (All Uses) Maximum Lot Coverage 40% 11 Design, Character, and Appearance of Buildings a. Buildings may be either of new construction or moved in. Exterior finish to be: wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. b. All modular dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick, or equivalent, as required by the Development Authority. Solid footings and/or a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the modular dwelling. c. All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a modular dwelling shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the modular dwelling. 12 Other Requirements a. Every fence enclosing an outdoor swimming pool or hot tub exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in height and shall designed so as to try to deter children from climbing over or crawling through or under it to gain access. Gates in the fence shall be the same height as the fence and shall be equipped with a self-latching device located on the inside of the fence. b. The maximum height of any building shall be 10.0 m (32.8 ft.). 10.3 R3 -RESIDENTIAL DISTRICT(MEDIUM DENSITY) 1 General Purpose a. The general purpose of this District is to allow the development of a mixture of residential uses at an overall moderate density, with the development, including its design, being at the discretion of the Development Authority. 2 Permitted Uses a. Buildings and uses accessory to permitted uses Minor home occupations b. Parks, playgrounds and similar recreational uses c. Public utilities, not including an enclosed building d. Single detached dwellings 3 Discretionary Uses a. Apartments b. Bed and breakfast establishments c. Buildings and uses accessory to discretionary uses d. Day homes e. Duplexes f. Family care facilities g. Garage suites h. Group care facilities i. Group homes j. In-law suites k. Major home occupations l. Neighbourhood convenience stores m. Public or quasi-public uses n. Religious assemblies o. Relocated building p. Row housing q. Sea cans r. Secondary suites s. Semi-detached dwellings t. Show homes u. Solar energy collection systems v. Wind conservation systems, micro 4 Subdivision Requirements for Single Detached Dwellings a. Minimum Lot Area In the Case of Road and Lane Systems Internal Lots 464.5 m2 (5,000.0 ft.2) Corner Lots 520.3 m2 (5,600.0 ft.2) In the Case of Laneless Systems Internal Lots 511.0 m2 (5,500.0 ft.2) Corner Lots 572.3 m2 (6,160.0 ft.2) b. Minimum Site Depth In the Case of Road and Lane Systems 30.5 m (100.0 ft.) In the Case of Laneless Systems 33.5 m (110.0 ft.) c. Minimum Site Width Internal Sites 15.2 m (50.0 ft.) Corner Sites 17.1 m (56.0 ft.) 5 Subdivision Requirements for Duplexes and Semi-Detached Dwellings a. Minimum Lot Area Duplexes Internal Lots 287.5 m2 (3,094.5 ft.2) per unit Corner Lots 315.0 m2 (3,390.6 ft.2)per unit Semi-Detached Dwellings Internal Lots 334.0 m2 (3,595.2 ft.2) per unit Corner Lots 371.5 m2 (3,998.8 ft.2) per unit 6 Subdivision Requirements for Row Housing Maximum Density 40 dwelling units per ha (16.0 per acres) 7 Subdivision Requirements for Apartments Maximum Density 85 dwellings per ha (34.0 acres) Maxim Lot Area 800 m2 (8,611 ft.2) 8 Development Requirements (Single Detached Dwellings) Minimum Floor Area (One Storey Buildings) 83.0 m2 (893.4 ft.2) Minimum Floor Area (One and a Half Storey Buildings) 92.0 m2 (990.3 ft.2) Minimum Floor Area (Two Storey Buildings) 111.0 m2 (1,195.0 ft.2) Development on Existing Substandard Lots Development on existing substandard lots may be considered by the Development Authority. Compliance with provincial plumbing, drainage and health Regulations will be required. 9 Development Requirements (Duplexes and Semi-Detached Dwellings) Minimum Floor Area 74.3 m2 (800.0 ft.2) per dwelling unit 10 Development Requirements (Row Housing) Outdoor Living Area Each dwelling unit shall have an outdoor living area immediately adjacent to it and accessible to it via an entranceway. The minimum depth of this area shall be 7.5 m (24.6 ft.). Within this area, there shall be a privacy zone measuring a minimum of 4.5 m (14.75 ft.) in depth, contained by a fence with a minimum height of 1.5 m (5 ft.). 11 Development Requirements (Apartments) Maximum Building Height 11.0 m (36.0 ft.) Maximum Lot Coverage 30% Maximum Floor Area Ratio 0.6 Landscaping A minimum of 10% of the lot area shall be landscaped to the satisfaction of the Development Authority. Each development shall provide, outside of required side yards, landscaped area on the basis of the following formula: Each Bachelor Dwelling 18.6 m2 (200.0 ft.2) Each One Bedroom Dwelling 27.8 m2 (300 ft.2) Each Two Bedroom Dwelling 70.0 m2 (750 ft.2) Each Dwelling Unit with Three or More Bedrooms 93.0 m2 (1000 ft.2) 12 Minimum Yard Requirements (Single Detached Dwellings, Duplexes and Semi-Detached Dwellings) Front Yard 7.5 m (24.6 ft.) Side Yard 10% of the lot width Side Yard (Corner Lot) 4.5 m (14.75 ft.) Side Yard (Where there is no Lane and where no Attached Garage is provided) 3.0 m (9.84 ft.) Rear Yard 7.5 m (24.6 ft.) Safety Codes Requirements Notwithstanding these yard requirements, any requirements established pursuant to the Alberta Safety Codes Act must be provided. 13 Minimum Yard Requirements (Row Housing) Front Yard 7.5 m (24.6 ft.) Side Yard The greater of 10% of the lot width or 3.0 m (9.84 ft.) Side Yard (Corner Lot) 4.5 m (14.75 ft.) Side Yard (Where there is no Lane and where no Attached Garage is provided) 3.0 m (9.84 ft.) Rear Yard 7.5 m (24.6 ft.) Safety Codes Requirements Notwithstanding these yard requirements any requirements established pursuant to the Alberta Safety Codes Act must be provided. 14 Minimum Yard Requirements (Apartments) Front Yard 9.1 m (30.0 ft.) Side Yard The greater of 40% of the building height or 15% of the lot width Rear Yard 9.1 m (30.0 ft.) Safety Codes Requirements Notwithstanding these yard requirements any requirements established pursuant to the Alberta Safety Codes Act must be provided. 15 Development Requirements (All Other Uses) Regulations All regulations shall be as required by the Development Authority. 16 Design, Character, and Appearance of Buildings a. The design characteristics of the overall development, including landscaping, driveway pattern, and the spatial relationship of the various uses on a lot shall be to the satisfaction of the Development Authority. b. All modular dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick, or equivalent, as required by the Development Authority. Solid footings and a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the modular dwelling. c. All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a modular dwelling shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the modular dwelling. 17 Other Requirements a. Every fence enclosing an outdoor swimming pool or hot tub exceeding 0.9 m (3.0 ft.) in depth shall be at least 1.7 m (5.6 ft.) in height and shall designed so as to try to deter children from climbing over or crawling through or under it to gain access. Gates in the fence shall be the same height as the fence and shall be equipped with a self-latching device located on the inside of the fence. b. The maximum height of any building shall be 10.0 m (32.8 ft.). 10.4 R4 -RESIDENTIAL DISTRICT (HIGH DENSITY) 1 General Purpose a. The purpose of this District is to provide for residential development in the form of high density dwelling developments, with the possibility of incorporating some minor, convenience types of retailing to serve the occupants of the development and the immediate neighbourhood. 2 Permitted Uses a. Apartments b. Buildings and uses accessory to permitted uses c. Duplexes d. Minor home occupations e. Parks, playgrounds and similar recreational uses f. Public utilities, not including an enclosed building g. Row Housing h. Semi-detached dwellings 3 Discretionary Uses a. Bed and breakfast establishments b. Buildings and uses accessory to discretionary uses c. Day homes d. Family care facilities e. Garage Suites f. Group Care Facilities g. Group Homes h. In-law Suites i. Major home occupations j. Neighbourhood convenience stores k. Public or quasi-public uses l. Religious assemblies m. Relocated building n. Sea cans o. Secondary suites p. Semi-detached dwellings q. Show homes r. Solar energy collection systems s. Wind conservation systems, micro 4 Subdivision Requirements for Duplexes and Semi-Detached Dwellings a. Minimum Lot Area Duplexes Internal Lots 287.5 m2 (3,094.5 ft.2) per unit Corner Lots 315.0 m2 (3,390.6 ft.2)per unit Semi-Detached Dwellings Internal Lots 334.0 m2 (3,595.2 ft.2) per unit Corner Lots 371.5 m2 (3,998.8 ft.2) per unit 5 Subdivision Requirements for Row Housing Maximum Density 40 dwelling units per ha (16.0 per acres) 6 Subdivision Requirements for Apartments Maximum Density 85 dwellings per ha (34.0 acres) Maxim Lot Area 800 m2 (8,611 ft.2) 7 Development Requirements (All Uses) Safety Code Requirements Notwithstanding these regulations, any requirements established pursuant to the Alberta Safety Codes Act must be provided. 8 Development Requirements (Duplexes and Semi-Detached Dwellings) Minimum Floor Area 74.3 m2 (800.0 ft.2) per dwelling unit 9 Development Requirements (Row Housing) Outdoor Living Area Each dwelling unit shall have an outdoor living area immediately adjacent to it and accessible to it via an entranceway. The minimum depth of this area shall be 7.5 m (24.6 ft.). Within this area, there shall be a privacy zone measuring a minimum of 4.5 m (14.75 ft.) in depth, contained by a fence with a minimum height of 1.5 m (5 ft.). 10 Development Requirements (Apartments) Maximum Building Height 11.0 m (36.0 ft.) Maximum Lot Coverage 30% Maximum Floor Area Ratio 0.6 Landscaping A minimum of 10% of the lot area shall be landscaped to the satisfaction of the Development Authority. Each development shall provide, outside of required side yards, landscaped area on the basis of the following formula: Each Bachelor Dwelling 18.6 m2 (200.0 ft.2) Each One Bedroom Dwelling 27.8 m2 (300 ft.2) Each Two Bedroom Dwelling 70.0 m2 (750 ft.2) Each Dwelling Unit with Three or More Bedrooms 93.0 m2 (1000 ft.2) 11 Minimum Yard Requirements (Duplexes and Semi-Detached Dwellings) Front Yard 7.5 m (24.6 ft.) Side Yard 10% of the lot width Side Yard (Corner Lot) 4.5 m (14.75 ft.) Side Yard (Where there is no Lane and where no Attached Garage is provided) 3.0 m (9.84 ft.) Rear Yard 7.5 m (24.6 ft.) 12 Minimum Yard Requirements (Row Housing) Front Yard 7.5 m (24.6 ft.) Side Yard The greater of 10% of the lot width or 3.0 m (9.84 ft.) Side Yard (Corner Lot) 4.5 m (14.75 ft.) Side Yard (Where there is no Lane and where no Attached Garage is provided) 3.0 m (9.84 ft.) Rear Yard 7.5 m (24.6 ft.) 13 Minimum Yard Requirements (Apartments) Front Yard 9.1 m (30.0 ft.) Side Yard The greater of 40% of the building height or 15% of the lot width Rear Yard 9.1 m (30.0 ft.) 14 Development Requirements (All Other Uses) Regulations All regulations shall be as required by the Development Authority. 15 Design, Character, and Appearance of Buildings a. The design characteristics of the overall development, including landscaping, driveway pattern, and the spatial relationship of the various uses on a lot shall be to the satisfaction of the Development Authority. b. All modular dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick, or equivalent, as required by the Development Authority. Solid footings and a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the modular dwelling. c. All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a modular dwelling shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the modular dwelling. 16 Other Requirements a. Every fence enclosing an outdoor swimming pool or hot tub exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in height and shall designed so as to try to deter children from climbing over or crawling through or under it to gain access. Gates in the fence shall be the same height as the fence and shall be equipped with a self-latching device located on the inside of the fence. b. The maximum height of any building shall be 10.0 m (32.8 ft.). 10.5 RMH1 -MANUFACTURED HOME SUBDIVISION DISTRICT 1 General Purpose a. The general purpose of this District is to allow the development of manufactured home subdivisions, in which each manufactured home is located on a separate lot. 2 Permitted Uses a. Buildings and uses accessory to permitted uses b. Manufactured homes 10 years or less in age at the time of development permit application, with current Z-240 certification c. Minor home occupations d. Parks, playgrounds and similar recreational uses e. Public utilities, not including an enclosed building 3 Discretionary Uses a. Bed and breakfast establishments b. Buildings and uses accessory to discretionary uses c. Day homes d. Family care facilities e. Major home occupations f. Manufactured homes older than 10 years in age at the time of development permit application, with current Z-240 certification g. Public or quasi-public uses h. Religious assemblies i. Secondary suites j. Show homes k. Single detached dwellings 4 Subdivision and Development Requirements a. Minimum Lot Area Manufactured Homes and Single Detached Dwellings 464.0 m2 (5,000 ft.2) All other uses As required by the Development Authority b. Minimum Lot Width Manufactured Homes and Single Detached Dwellings 15.2 m (50.0 ft.) All other uses As required by the Development Authority a. Minimum Floor Area (Not Including Attached Porches) Manufactured Homes and Single Detached Dwellings 55.0 m2 (592.0 ft.2) All other uses As required by the Development Authority a. Maximum Height of Buildings Manufactured Homes and Single Detached Dwellings 4.6 m (15.1 ft.) Accessory Buildings 4.6 m (15.1 ft.) All other uses As required by the Development Authority a. Maximum Lot Coverage Manufactured Homes and Single Detached Dwellings 23% Accessory Buildings 12% All other buildings and uses As required by the Development Authority a. Minimum Yard Requirements Front Yard 4.5 m (14.7 ft.) Side Yard 3.0 m (9.8 ft.) Side Yard, Corner Lot 4.5 m (14.7 ft.) Rear Yard, Interior Lot 6.1 m (20.0 ft.) Rear Yard, Corner Lot 4.5 m (14.7 ft.) b. Additional Requirements Safety Code Requirements Notwithstanding these regulations, any requirements established pursuant to the Alberta Safety Codes Act must be provided. 5 Design, Character, and Appearance of Buildings a. Buildings may be either of new construction or moved in. Exterior finish to be wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. b. All dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick, or equivalent, as required by the Development Authority. Solid footings and a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the dwelling. c. All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a dwelling shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the modular dwelling. d. The undercarriage of each manufactured home shall be screened from view by skirting or such other means satisfactory to the Development Authority. 6 Other Requirements a. Every fence enclosing an outdoor swimming pool or hot tub exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in height and shall designed so as to try to deter children from climbing over or crawling through or under it to gain access. Gates in the fence shall be the same height as the fence and shall be equipped with a self-latching device located on the inside of the fence. 10.6 RMH -MANUFACTURED HOME PARK DISTRICT 1 General Purpose a. The general purpose of this District is to provide for the development of manufactured home parks where stalls are provided on a rental basis. 2 Permitted Uses a. Buildings and uses accessory to permitted uses b. Manufactured homes that are: i. within a manufactured home park for which a development permit has been approved, and ii. 10 years or less in age at the time of development permit application, and iii. Meets current Z-240 industry standards c. Minor home occupations d. Parks, playgrounds and similar recreational uses e. Public utilities, not including an enclosed building 3 Discretionary Uses a. Buildings and uses accessory to discretionary uses b. Day homes c. Major home occupations d. Manufactured homes other than those described in Section 10.6.2.b above e. Manufactured home parks f. Public or quasi-public uses g. Show homes h. Uses directly related to the convenience of the manufactured home park residents or management 4 Subdivision and Development Requirements a. Manufactured Home Parks Minimum Stall Area 464.0 m2 (5,000 ft.2) Minimum Stall Width As required by the Development Authority Minimum Lot Area Size for Manufactured Home Park Maximum Area Coverage for a Manufactured Home and Accessory Building on a Stall Maximum Density a. Minimum Yard Requirements Front Yard 7.6 m (25.0 ft.) Side Yard, Adjacent to a Road 7.6 m (25.0 ft.) All Other Yards 3.0 m (9.8 ft.) b. Additional Requirements Safety Code Requirements Notwithstanding these regulations, any requirements established pursuant to the Alberta Safety Codes Act must be provided. 5 Setback Requirements for Manufactured Homes within a Manufactured Home Stall Front Setback from an Internal Roadway or Parking Area 3.7 m (12.0 ft.) From Other Buildings Manufactured homes including attached structures shall be at least 15.2 m (50.0 ft.) from any manufactured home, including any attached structures or permanent park structures located directly on the opposite side of a park street. Minimum Side Setback No manufactured home shall be located within 4.6 m (15.0 ft.) of another and no portion of a manufactured home or accessory building shall be placed closer than 1.5 m (5.0 ft.) to a side line. No manufactured homes shall be permitted within a block of parcels designed or designated for zero lot line placement Minimum Rear Setback 2.3 m (7.5 ft.) 6 Manufactured Home Park Requirements a. Storage: i. Communal or individual storage areas for vehicles, recreation vehicles, watercraft, and other items that cannot be stored on a manufactured home stall shall be provided at a rate of at least 20.4 m2 (220.0 ft.2) of storage area per manufactured home stall. ii. The Development Authority may require that a storage area be enclosed or screened by trees, landscape features or fences or a combination thereof to the satisfaction of the Development Authority. iii. No vehicle greater than 9.1 m (30.0 ft.) in length may be parked on a manufactured home stall or manufactured home park street. iv. Not more than one recreation vehicle or trailer may be parked on a manufactured home stall. b. Visitors' Off-Street Parking: i. In addition to the parking requirements articulated in this Bylaw, one (1) parking stall for every five (5) manufactured home stalls shall be provided in the manufactured home park, as common parking for guests or as required by the Development Authority. c. Open Space: i. A minimum of 10% of the gross park area shall be set aside as common open space recreation area and no portion of any manufactured home stall shall be included in this open space. d. Utilities: i. All utility lines shall be placed underground or as stipulated in a development agreement. e. Appearance: i. All accessory structures such as patios, porches, additions, skirting and storage facilities shall be factory pre- fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the manufactured home. ii. The undercarriage of each manufactured home shall be screened from view by skirting or such other means satisfactory to the Development Authority. iii. Outdoor lighting shall be of a design and appearance satisfactory to the Development Authority. iv. All areas of a manufactured home park not developed or occupied by park roads, walkways, driveways, parking aprons, buildings, communal storage areas, or other developed facilities shall be grassed and landscaped. v. Fences and Screening: vi. The manufactured home park shall be screened from view with a vegetated buffer strip of a minimum of 9 m (30 ft.) and/or other screening of a visually pleasing nature as required by the Development Authority. f. Buffer: i. A landscaped buffer of not less than 10.0 m (33.0 ft.) or a width satisfactory to the Development Authority shall be provided around the perimeter of the manufactured home park. g. Other: i. A development permit shall not be issued for a manufactured home park until the Development Authority has received assurance from appropriate authorities indicating that the proposed sewage disposal system has been approved. ii. Adequate on-site recreation areas such as playgrounds and tot lots may be required if deemed appropriate. iii. All roads in a manufactured home park shall be surfaced, and well drained, and maintained to the satisfaction of the Development Authority. Minimum driving surface width shall be 7.3 m (24 ft.). iv. All parks shall be provided with safe, convenient, all-season pedestrian access of at least 1.0 m (3.3 ft.) width for intended use between individual manufactured homes, the park street and all community facilities provided for park residents. v. The design of manufactured home parks shall be to the satisfaction of the Development Authority. vi. All municipal utilities shall be provided underground to stalls in a manufactured home park. vii. No part of the park shall be used for non-residential purposes except such uses as are required for the direct servicing and wellbeing of the park residents and for the management and maintenance of the park. viii. Manufactured home park facilities shall be arranged to create a homelike atmosphere. This objective is achieved by variations in street pattern, block shapes and location of manufactured home stands. ix. Each manufactured home stall shall be clearly marked off by means of stakes, countersunk steel posts, fences, curbs or hedges. x. Only one main, free-standing, identification sign of residential character and appearance shall be erected at the entrance to a manufactured home park unless the Development Authority is of the opinion that a further and similar sign shall be allowed under exceptional circumstances involving the layout, location and size of the park in relation to the surrounding areas. The sign or signs shall be of a size, type and construction acceptable to the Development Authority. xi. Directional signs within the manufactured home park must be integrated in design and appearance, be kept in scale with the immediate surroundings and constructed of durable material. xii. Manufactured homes shall be separated from each other by at least 6.0 m (19.5 ft.) side to side. xiii. Notwithstanding any other provisions of this Bylaw to the contrary, manufactured homes shall not be placed "sideways" on a lot, with their longer dimension (length) parallel or nearly parallel to the front line, unless the lot width exceeds 45.0 m (147.6 ft.). 10.7 C1 -COMMERCIAL DISTRICT (DOWNTOWN) 1 General Purpose a. The general purpose of this District is to provide for a variety of commercial uses within the municipality generally suited to be located on smaller lots in the downtown area. 2 Permitted Uses a. Business support services establishments b. Eating and drinking establishments c. General retail establishments d. Government services e. Health services f. Hotels g. Household repair services h. Indoor amusement establishments i. Libraries and cultural exhibits j. Office uses k. Personal service shops l. Buildings and uses accessory to permitted uses 3 Discretionary Uses a. Auctioneering establishments b. Automotive and equipment repair shops c. Automotive and recreational vehicle sales/rentals establishments d. Bus depots e. Day care facilities f. Drive-in businesses g. Dwellings within buildings in which the predominant use is one or more of the above-listed permitted or discretionary uses, provided, however, that the dwellings have direct access to the outside of the building h. Entertainment establishments i. Equipment rental establishments j. Extensive recreation k. Greenhouses l. Institutional uses m. Intensive recreation n. Limited contractor services o. Liquor stores p. Motels q. Outdoor amusement establishments r. Parking lots s. Private clubs t. Protective and emergency services u. Public or quasi-public buildings v. Public or quasi-public uses w. Public parks x. Public utilities y. Public utility buildings z. Religious assemblies aa. Senior citizens' drop in centres bb. Service stations cc. Single detached dwellings, duplexes, and manufactured homes dd. Surveillance suite (maximum of one per lot) ee. Vehicle repair establishments, small and medium ff. Veterinary clinics gg. Warehouse sales establishments hh. Other uses which are, in the opinion of the Development Authority, similar to the above- listed permitted and discretionary uses ii. Buildings and uses accessory to discretionary uses 4 Subdivision and Development Requirements a. All Uses Minimum Lot Area 140.0 m2 (1,507 ft.2) Minimum Lot Width 4.5 m (14.8 ft.) Maximum Lot Coverage 80%, provided that provision has been made for on-site parking, loading, storage and waste disposal to the satisfaction of the Development Authority. b. Minimum Yard Requirements Front Yard None, except where the Development Authority may require a setback in order to conform with existing adjacent development Side Yard a. If the subject lot is bounded on both sides by land classified C1, no side yard shall be required. b. If the subject lot is bordered by a lot in a Residential District, the minimum side yard required shall be 1.5 m (4.9 ft.). c. When a side yard is provided, it shall not be less than 7.5 m (24.6 ft.) c. Additional Requirements Safety Requirements No development shall be allowed that in any way will, in the sole opinion of the Development Authority, become obnoxious by way of noise, odour, dust, or fumes. 5 Design, Character, and Appearance of Buildings a. Buildings may be either of new construction or moved in. Exterior finish to be wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. b. All accessory structures shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the main building. 10.8 C2 -COMMERCIAL DISTRICT (GENERAL) 1 General Purpose a. The general purpose of this District is to allow for a wide variety of commercial uses which are somewhat more land extensive. 2 Permitted Uses a. Automotive and equipment repair shops b. Equipment rental establishments c. Light industrial uses relating to a tradesperson d. Limited contractor services e. Office uses f. Private Clubs g. Vehicle repair establishments, small and medium h. Veterinary clinics i. Buildings and uses accessory to permitted uses 3 Discretionary Uses a. Auctioneering establishments b. Automotive and recreational vehicle sales/rentals establishments c. Bulk fuel storage and sales d. Bus depots e. Drive-in businesses f. Entertainment establishments g. Extensive recreation h. General contractor services i. Greenhouses j. Heavy truck and equipment storage k. Industrial vehicle and equipment sales/rentals establishments l. Institutional uses m. Intensive recreation n. Liquor stores o. Motels p. Outdoor amusement establishments q. Outdoor storage r. Parking lots s. Protective and emergency services t. Public or quasi-public buildings u. Public or quasi-public uses v. Public parks w. Public utilities x. Public utility buildings y. Recreational vehicle parks z. Recreational vehicle storage aa. Recycling depots bb. Service stations cc. Single detached dwellings, duplexes, and manufactured homes dd. Surveillance suite (maximum of one per lot) ee. Trucking and cartage establishments ff. Vehicle repair establishments, heavy gg. Warehouse sales establishments hh. (Other uses which are, in the opinion of the Development Authority, similar to the above-listed permitted and discretionary uses ii. Buildings and uses accessory to discretionary uses 4 Subdivision and Development Requirements a. All Uses Minimum Lot Area 140.0 m2 (1,507 ft.2) Minimum Lot Width 4.5 m (14.8 ft.) Maximum Lot Coverage 80%, provided that provision has been made for on-site parking, loading, storage and waste disposal to the satisfaction of the Development Authority. b. Minimum Yard Requirements Front Yard None, except where the Development Authority may require a setback in order to conform with existing adjacent development Side Yard a. If the subject lot is bounded on both sides by land classified C1 or C2, no side yard shall be required. b. If the subject lot is bordered by a lot in a Residential District, the minimum side yard required shall be 1.5 m (4.9 ft.). c. When a side yard is provided, it shall not be less than 7.5 m (24.6 ft.) c. Additional Requirements Safety Requirements No development shall be allowed that in any way will, in the sole opinion of the Development Authority, become obnoxious by way of noise, odour, dust, or fumes. 5 Design, Character, and Appearance of Buildings a. Buildings may be either of new construction or moved in. Exterior finish to be wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. b. All accessory structures shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the main building. 10.9 M1 -INDUSTRIAL DISTRICT 1 General Purpose a. The general purpose of this District is to provide for industrial activities in the municipality. No industrial development shall take place which may have a detrimental effect on the municipality or its environment. 2 Permitted Uses a. Buildings and uses accessory to permitted uses b. Light industrial uses c. Limited contractor services d. Office uses e. Protective and emergency services f. Public or quasi-public buildings g. Public or quasi-public uses 3 Discretionary Uses a. Agricultural industries b. Bulk fuel storage and sales c. Buildings and uses accessory to discretionary uses d. Drive-in businesses, but not including drive- in restaurants e. Equipment/vehicle rentals f. Equipment rental establishments g. Heavy industrial uses h. Heavy truck and equipment storage i. Industrial vehicle and equipment sales/rentals establishments j. Oilfield and gas field servicing k. Oilfield waste processing and disposal services l. Outdoor storage m. Pipe and equipment storage yards n. Salvage yards and/or auto wreckers o. Sewage lagoons and other sewage treatment facilities p. Surveillance suite (maximum of one per lot) q. Vehicle repair establishments, small and medium r. Vehicle repair establishments, heavy s. Other uses which are, in the opinion of the Development Authority, similar to the above-listed permitted and discretionary uses 4 Subdivision and Development Requirements a. All Uses Minimum Lot Area As required by the Development Authority b. Minimum Yard Requirements Front Yard 9.0 m (29.5 ft.), or as required by the Development Authority Side Yard 4.5 m (14.8 ft.), or as required by the Development Authority Rear Yard 9.0 m (29.5 ft.), or as required by the Development Authority 10.10 P -COMMUNITY DISTRICT 1 General Purpose a. The general purpose of this District is to allow the use of land for service, mainly of a public nature, which has a primary orientation to the community. Land within the Community District must be owned by the municipality or other government, or will be so owned within six months of being so designated. 2 Permitted Uses a. Extensive recreation b. Natural areas c. Public parks d. Buildings and uses accessory to permitted uses 3 Discretionary Uses a. Public or quasi-public buildings b. Public or quasi-public uses c. Public utilities d. Other uses which are, in the opinion of the Development Authority, similar to the above- listed permitted and discretionary uses e. Buildings and uses accessory to discretionary use 4 Subdivision and Development Requirements a. All requirements shall be as required by the Development Authority. 10.11 I -INSTITUTIONAL DISTRICT 1 General Purpose a. The general purpose of this District is to control the development of public and quasi-public buildings and uses, including recreational facilities within the community. 2 Permitted Uses a. Buildings and uses accessory to permitted uses b. Day care facilities c. Government services d. Health services e. Institutional uses f. Libraries and cultural exhibits g. Office uses h. Protective and emergency services i. Public education facilities j. Public or quasi-public buildings k. Public or quasi-public uses l. Public parks m. Recreational uses n. Religious assembly o. Senior citizens' homes and similar developments 3 Discretionary Uses a. Buildings and uses accessory to discretionary uses Cemeteries b. Intensive recreation c. Private clubs d. Other uses which are, in the opinion of the Development Authority, similar to the above- listed permitted and discretionary uses 4 Subdivision and Development Requirements a. All senior citizens' homes and similar developments shall be developed in accordance with the requirements for apartments in the R3 District. b. All other development shall be developed in accordance with requirements as determined by the Development Authority. 10.12 UR -URBAN RESERVE DISTRICT 1 General Purpose a. The general purpose of this District is to reserve lands for future community growth and development. 2 Permitted Uses a. Buildings and uses accessory to permitted uses b. Extensive agriculture c. Single detached dwellings 3 Discretionary Uses a. Buildings and uses accessory to discretionary uses b. Extensive recreation c. In-law suite d. Intensive agriculture, but not including kennels e. Manufactured homes f. Parks and playgrounds g. Public or quasi-public buildings h. Public or quasi-public uses i. Public utilities j. Temporary uses or buildings which, in the opinion of the Development Authority, will not prejudice the possibility of conveniently and economically re-subdividing or developing the area in the future at urban densities. k. Secondary suites l. Other uses which are, in the opinion of the Development Authority, similar to the above-listed permitted and discretionary uses 4 Subdivision and Development Requirements a. All Uses Minimum Lot Area 8.0 ha (20.0 ac.), or as required by the Development Authority. b. Minimum Yard Requirements Front Yard 7.5 m (24.6 ft.) Side Yard 7.5 m (24.6 ft.) Rear Yard 7.5 m (24.6 ft.) a. Maximum Height All Buildings 10.0 m (32.8 ft.) 5 Other Requirements a. Extensive Agricultural uses shall not be offensive in nature, and shall not include the breeding and raising of livestock of any kind. b. Any permit issued at the discretion of the Development Authority for a temporary use shall be for the period of up to a year only, or for a specified length of time to ensure that the use does not adversely affect future subdivision, servicing and urban development of such lands. Applications to extend the temporary use for a period of a year may be considered at the discretion of the Development Authority. 11. LAND USE DISTRICT MAP VILLAGE of GLENDON [ LAND USE BYLAW 11. Land Use District Map 0 100 200 300 400 50 M Land Use Districts R1 Residential (Large Homes, Large Lots) R2 Residential (Small Homes, Small Lots) R3 Residential (Medium Density) R4 - Residential (High Density) RMH - Manufactured Home Park RMH1 - Manufactured Home Subdivision C1 -Commercial (Downtown) C2 - Commercial (General) M1 - Industrial P - Community I - Institutional UR - Urban Reserve Highway 882 Pyrogy Drive Railway Avenue Iron Horse Trail 54 Ave 53 Ave 51 Ave 51 Ave 51 Ave 51 Ave 52 Ave 49 St 51 St 52 St 53 St 54 St 55 St 56 St 49 Avenue 52 St 51 St 49 St 48 St 47 St Highway 882 52 St 51 St 50A St