Land Use Bylaw

Hanna, Alberta

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Town of Hanna Bylaw 1032-2023 Adopted November 14, 2023 Effective Date January 1, 2024 ii | P a g e BYLAW 1032-2023 BEING A BYLAW OF THE TOWN OF HANNA, IN THE PROVINCE OF ALBERTA, TO PROHIBIT OR REGULATE AND CONTROL THE USE AND DEVELOPMENT OF LANDS AND BUILDINGS WHEREAS pursuant to the provisions of Section 640(1) of the Municipal Government Act, RSA, Chapter M-26 as amended, the Council of a Municipality must, by Bylaw, adopt a land use bylaw; AND WHEREAS Council has undertaken a major review of the Land Use Bylaw 967-2012; AND WHEREAS Council, having considered at a public hearing the concerns of persons claiming to be affected by the land use bylaw, believes that a new land use bylaw should be enacted to achieve the orderly, economical and beneficial use of land in the municipality; NOW THEREFORE, the Council of the Town of Hanna in the province of Alberta, duly assembled, enacts as follows: 1. This Bylaw shall be known as "The Town of Hanna Land Use Bylaw". 2. The Town of Hanna Land Use Bylaw being Schedule "A" as attached to and forming part of this Bylaw is hereby adopted. 3. Bylaw 967-2012 and all amendments are herby repealed. 4. This Bylaw takes effect on the 1st of January, 2024. READ A FIRST TIME THIS 13TH DAY OF JUNE, 2023 READ A SECOND TIME THIS 10TH DAY OF OCTOBER, 2023 READ A THIRD AND FINAL TIME THIS 14th DAY OF NOVEMBER, 2023 X_____________________________ Mayor X_____________________________ Chief Administrative Officer iii | P a g e Town of Hanna Land Use Bylaw Amendments to Land Use Bylaw 1032-2023 Bylaw Number Part & Section Amended Description of Amendment Date Passed iv | P a g e Table of Contents PART A - THE APPROVALS PROCESS ................................................... 1 1 ADMINISTRATION ........................................................................................................ 1 TITLE .............................................................................................................................................................. 1 PURPOSE ...................................................................................................................................................... 1 APPLICATION.............................................................................................................................................. 1 EFFECTIVE DATE AND TRANSITION ..................................................................................................... 1 OTHER LEGISLATIVE REQUIREMENTS ................................................................................................. 2 NON-CONFORMING BUILDINGS AND USES .................................................................................... 2 SEVERABILITY ............................................................................................................................................. 2 2 RULES OF INTERPRETATION ........................................................................................ 2 3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ..................................... 3 4 ADMINISTRATIVE AGENCIES ....................................................................................... 5 DEVELOPMENT APPROVAL AUTHORITIES ......................................................................................... 5 DEVELOPMENT AUTHORITY - POWERS AND DUTIES ................................................................... 5 VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY ........................................................... 6 SUBDIVISION AUTHORITY ...................................................................................................................... 7 SUBDIVISION AUTHORITY - POWERS AND DUTIES ....................................................................... 7 5 DEVELOPMENT APPLICATION AND APPROVAL PROCESS ......................................... 9 APPLICATION FOR DEVELOPMENT ...................................................................................................... 9 NOTICE OF COMPLETE OR INCOMPLETE APPLICATION ............................................................. 10 NOTICE OF APPLICATION AND APPLICATION REFERRAL .......................................................... 10 DECISION PROCESS - DEVELOPMENT AUTHORITY ..................................................................... 11 DEVELOPMENT PERMITS AND NOTICE OF DECISION ................................................................. 13 CONDITIONS OF APPROVAL ............................................................................................................... 14 COMMENCEMENT AND COMPLETION OF DEVELOPMENT ....................................................... 15 DIRECT CONTROL DISTRICTS AND PERMITS .................................................................................. 15 6 APPEALS ...................................................................................................................... 17 DEVELOPMENT AND SUBDIVISION APPEALS ................................................................................. 17 7 BYLAW AMENDMENT PROCESS ................................................................................ 18 APPLICATION TO AMEND THE LAND USE BYLAW........................................................................ 18 8 ENFORCEMENT ........................................................................................................... 19 OFFENCES .................................................................................................................................................. 19 Schedule "A" v | P a g e ENTRY AND INSPECTION ...................................................................................................................... 19 ORDERS ...................................................................................................................................................... 19 VIOLATION TAGS AND PENALTIES .................................................................................................... 20 VIOLATION TICKETS ............................................................................................................................... 21 PART B - GENERAL REGULATIONS ..................................................... 22 9 GENERAL LAND USE REGULATIONS .......................................................................... 22 APPLICABILITY .......................................................................................................................................... 22 DESIGN, CHARACTER AND APPEARANCE ....................................................................................... 22 DWELLING UNITS ON A PARCEL ........................................................................................................ 22 OBJECTS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS ....................................... 22 SCREENING ............................................................................................................................................... 23 UTILITY SERVICES AND INFRASTRUCTURE ...................................................................................... 23 SITE GRADING AND DRAINAGE.......................................................................................................... 23 RELOCATION OF BUILDINGS ............................................................................................................... 24 YARD SETBACKS AND PERMITTED PROJECTIONS ........................................................................ 24 FENCES ....................................................................................................................................................... 26 CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS ............................................. 27 PARKING AND LOADING ...................................................................................................................... 28 VEHICLE ENTRANCES AND EXITS ....................................................................................................... 33 DRIVE THROUGHS AND VEHICLE-ORIENTED DESIGNS .............................................................. 33 PART C - SPECIFIC USE REGULATIONS ............................................... 34 10 SPECIFIC USE REGULATIONS ...................................................................................... 34 ACCESSORY BUILDINGS ........................................................................................................................ 35 ACCESSORY DWELLING UNITS ........................................................................................................... 36 HOME OCCUPATIONS ........................................................................................................................... 37 BED AND BREAKFASTS .......................................................................................................................... 38 MANUFACTURED DWELLINGS ............................................................................................................ 39 PET CARE SERVICES ................................................................................................................................ 39 KENNELS .................................................................................................................................................... 39 AUTO BODY SHOPS ................................................................................................................................ 40 GAS BARS AND SERVICE STATIONS .................................................................................................. 40 CAR WASHES ............................................................................................................................................ 40 CANNABIS RETAIL SALES ...................................................................................................................... 41 CANNABIS PRODUCTION FACILITY ................................................................................................... 41 RENEWABLE ENERGY SYSTEMS .......................................................................................................... 42 WORK CAMPS .......................................................................................................................................... 42 vi | P a g e PART D - SIGNS ................................................................................... 43 11 SIGN REGULATIONS ................................................................................................... 43 SIGN AUTHORITY AND ADMINISTRATION ..................................................................................... 43 SIGN APPLICATION REQUIREMENTS ................................................................................................ 44 SIGN DEFINITIONS .................................................................................................................................. 45 GENERAL SIGN REGULATIONS ............................................................................................................ 46 SIGN TYPES ............................................................................................................................................... 47 SIGN TYPE 1 - UNDER CANOPY SIGN REGULATIONS ................................................................. 48 SIGN TYPE 2 - CANOPY SIGN REGULATIONS ................................................................................. 49 SIGN TYPE 3 - FASICA SIGN REGULATIONS .................................................................................... 49 SIGN TYPE 4 - MURAL SIGN REGULATIONS ................................................................................... 49 SIGN TYPE 5 - PROJECTING SIGN REGULATIONS ......................................................................... 49 SIGN TYPE 6 - ROOF SIGN REGULATIONS ...................................................................................... 50 SIGN TYPE 7 - FREESTANDING SIGN REGULATIONS ................................................................... 50 SIGN TYPE 8 - BILLBOARD SIGN REGULATIONS ............................................................................ 50 SIGN TYPE 9 - A-BOARD SIGN REGULATIONS ............................................................................... 51 SIGN TYPE 10 - PORTABLE SIGN REGULATIONS ........................................................................... 51 PART E - DISTRICTS ............................................................................. 52 12 DISTRICTS ADMINISTRATION ................................................................................... 52 ESTABLISHMENT OF DISTRICTS .......................................................................................................... 52 DISTRICT BOUNDARIES ......................................................................................................................... 53 DIRECT CONTROL DISTRICTS .............................................................................................................. 53 13 RA - RESIDENTIAL ACREAGE DISTRICT ..................................................................... 54 PURPOSE .................................................................................................................................................... 54 PERMITTED USES ..................................................................................................................................... 54 DISCRETIONARY USES ........................................................................................................................... 54 REGULATIONS .......................................................................................................................................... 54 14 R-1 - DETACHED RESIDENTIAL DISTRICT ................................................................. 56 PURPOSE .................................................................................................................................................... 56 PERMITTED USES ..................................................................................................................................... 56 DISCRETIONARY USES ........................................................................................................................... 56 REGULATIONS .......................................................................................................................................... 56 ADDITIONAL REQUIREMENTS ............................................................................................................. 57 15 R-2 - GENERAL RESIDENTIAL DISTRICT .................................................................... 58 PURPOSE .................................................................................................................................................... 58 PERMITTED USES ..................................................................................................................................... 58 vii | P a g e DISCRETIONARY USES ........................................................................................................................... 58 REGULATIONS .......................................................................................................................................... 58 ADDITIONAL REQUIREMENTS ............................................................................................................. 59 16 R-3 - MULTI UNIT RESIDENTIAL DISTRICT ............................................................... 60 PURPOSE .................................................................................................................................................... 60 PERMITTED USES ..................................................................................................................................... 60 DISCRETIONARY USES ........................................................................................................................... 60 REGULATIONS .......................................................................................................................................... 60 ADDITIONAL REQUIREMENTS ............................................................................................................. 61 17 MD - MANUFACTURED DWELLING DISTRICT ........................................................... 62 PURPOSE .................................................................................................................................................... 62 PERMITTED USES ..................................................................................................................................... 62 DISCRETIONARY USES ........................................................................................................................... 62 REGULATIONS .......................................................................................................................................... 62 18 MP - MANUFACTURED DWELLING PARK DISTRICT ................................................. 64 PURPOSE .................................................................................................................................................... 64 PERMITTED USES ..................................................................................................................................... 64 DISCRETIONARY USES ........................................................................................................................... 64 REGULATIONS .......................................................................................................................................... 64 DESIGN REQUIREMENTS ....................................................................................................................... 65 19 C-T- COMMERCIAL TRANSITION DISTRICT .............................................................. 66 PURPOSE .................................................................................................................................................... 66 PERMITTED USES ..................................................................................................................................... 66 DISCRETIONARY USES ........................................................................................................................... 66 REGULATIONS .......................................................................................................................................... 67 ADDITIONAL REQUIREMENTS ............................................................................................................. 67 20 C-1 - DOWNTOWN COMMERCIAL DISTRICT ............................................................ 68 PURPOSE .................................................................................................................................................... 68 PERMITTED USES ..................................................................................................................................... 68 DISCRETIONARY USES ........................................................................................................................... 68 REGULATIONS .......................................................................................................................................... 69 ADDITIONAL REQUIREMENTS ............................................................................................................. 69 21 C-2 - GENERAL BUSINESS DISTRICT .......................................................................... 70 PURPOSE .................................................................................................................................................... 70 PERMITTED USES ..................................................................................................................................... 70 DISCRETIONARY USES ........................................................................................................................... 70 REGULATIONS .......................................................................................................................................... 71 viii | P a g e 22 HWY-C - HIGHWAY COMMERCIAL DISTRICT ........................................................... 72 PURPOSE .................................................................................................................................................... 72 PERMITTED USES ..................................................................................................................................... 72 DISCRETIONARY USES ........................................................................................................................... 72 REGULATIONS .......................................................................................................................................... 73 ADDITIONAL REQUIREMENTS ............................................................................................................. 73 23 I - INDUSTRIAL DISTRICT .......................................................................................... 74 PURPOSE .................................................................................................................................................... 74 PERMITTED USES ..................................................................................................................................... 74 DISCRETIONARY USES ........................................................................................................................... 74 REGULATIONS .......................................................................................................................................... 75 ADDITIONAL REQUIREMENTS ............................................................................................................. 75 24 CS - COMMUNITY SERVICE DISTRICT ....................................................................... 76 PURPOSE .................................................................................................................................................... 76 PERMITTED USES ..................................................................................................................................... 76 DISCRETIONARY USES ........................................................................................................................... 76 25 UR - URBAN RESERVE DISTRICT ................................................................................ 77 PURPOSE .................................................................................................................................................... 77 PERMITTED USES ..................................................................................................................................... 77 DISCRETIONARY USES ........................................................................................................................... 77 REGULATIONS .......................................................................................................................................... 77 26 DC 1 - DIRECT CONTROL ROUNDHOUSE HISTORICAL DISTRICT (BYLAW 987-2017) 79 PURPOSE .................................................................................................................................................... 79 PERMITTED USES ..................................................................................................................................... 79 DISCRETIONARY USES ........................................................................................................................... 79 MINIMUM REQUIREMENTS .................................................................................................................. 79 DEVELOPMENT AUTHORITY ................................................................................................................ 79 PROVINCIAL HERITAGE DESIGNATION ............................................................................................ 80 PART F - DEFINITIONS......................................................................... 81 27 DEFINITIONS ............................................................................................................... 81 PART G - LAND USE DISTRICT MAP ................................................. 102 28 LAND USE DISTRICT MAP ........................................................................................ 102 1 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 PART A - THE APPROVALS PROCESS 1 ADMINISTRATION TITLE The title of this Bylaw shall be the Land Use Bylaw of the Town of Hanna. PURPOSE The purpose of this Bylaw is to direct the orderly, economic and beneficial development and use of land within the Town of Hanna in accordance with the vision of the Town of Hanna Municipal Development Plan. This is achieved through this Bylaw by regulating and controlling development, or where necessary, prohibiting development without infringing on the rights of individuals for any public interest except to the extent that is for the overall greater public interest. APPLICATION This Bylaw shall apply to the whole of the Town of Hanna being all lands and buildings contained within its corporate limits. No person shall commence any development within the Town of Hanna except in conformity with this Bylaw. Compliance with the requirements of this Bylaw does not exempt any person from the requirements of any adopted statutory plan, including the Municipal Development Plan, Intermunicipal Development Plans and Area Structure/Redevelopment Plans. No development shall be undertaken within the Town of Hanna unless an application for it has been approved and a development permit has been issued except for those items listed in Section 3 Development Not Requiring a Development Permit. EFFECTIVE DATE AND TRANSITION The Town of Hanna Land Use Bylaw 967-2012, as amended, is hereby repealed and will cease to have effect on the day this Bylaw comes into force. This Bylaw comes into force on the 1st of January, 2024. An application for a subdivision, development permit or amendment to this Bylaw submitted prior to the coming into force of this Bylaw shall be evaluated under the provisions of the Town of Hanna Land Use Bylaw No. 967-2012, as amended. 2 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 OTHER LEGISLATIVE REQUIREMENTS In addition to this Bylaw, an applicant is responsible for complying with any other applicable federal, provincial, or municipal legislation, bylaw or policy, licensing or permitting regime, or approval process. The applicant is also responsible for complying with the conditions of any caveat, covenant, easement or other instrument affecting a building or land. The Town of Hanna is not responsible for nor does the Town of Hanna have any obligation whatsoever to determine what other legislation may apply to a development, nor to monitor or enforce compliance with such legislation. NON-CONFORMING BUILDINGS AND USES Non-conforming buildings and non-conforming uses shall be treated in accordance with the Act, and any amendments thereto. A non-conforming building may continue to be used, and the building may be enlarged, added to, rebuilt or structurally altered, if at the discretion of the Development Authority, the alterations do not substantially increase the extent of non-conformance and are within all other requirements of the Bylaw. Nothing in this Bylaw diminishes or in any way affects the power of the Development Authority to issue a development permit which makes a non-conforming building conforming through the granting of a relaxation of the requirements or rules to which the existing building does not conform. SEVERABILITY In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned by a superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be affected. 2 RULES OF INTERPRETATION Where a word is used in the singular, such a word may also mean plural. Where a masculine or impersonal pronoun or adjective is used, such a word may also mean the feminine or impersonal pronoun or adjective. Where a word is used in the present tense, such a word may also mean the future tense. The word "person" includes a corporation as well as an individual. The words "shall" and "must" require mandatory compliance except where a variance or relaxation has been granted pursuant to the Act or this Bylaw. "May" means a choice is available, with no particular direction or guidance intended. 3 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Words, phrases, and terms not defined in this Bylaw may be given their definition in the Act or the Safety Codes Act. Other words shall be given their usual and customary meaning. Where a regulation involves two or more conditions or provisions connected by the conjunction "and" means all the connected items shall apply in combination; "or" indicates that the connected items may apply singly; and "and/or" indicates the items may apply singly or in combination. For ease of reference: words that are Capitalized and Bold denote uses defined in Part F Definitions; words that are italicized and bold denote general terms defined in Part F Definitions; words that are italicized reference federal or provincial legislation or regulations thereunder; and all other words must be given then plain and ordinary meaning as the context requires. 3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT This Section does not negate the requirement of obtaining all required permits, as applicable, under the Safety Codes Act or any other provincial or federal statute. This Section does not negate the requirement of obtaining a business license where required. The following developments shall not require a development permit: any use or development exempted under section 618(1) of the Act; any use or development exempted by the Lieutenant Governor in Council pursuant to section 618(4) of the Act; Telecommunication Structures (refer to the Town of Hanna Telecommunication Structure Policy adopted by Council regarding the issuance of letters of concurrence or non-concurrence); the completion and use of a building which was lawfully under construction at the date this Bylaw came into effect provided the building is completed in accordance with the terms and conditions of any development permit(s) granted; the completion of a building that did not require a development permit under the previous Land Use Bylaw and which was lawfully under construction provided the building is completed within twelve (12) months from the date this Bylaw came into effect; an official notice, Sign, placard or bulletin required to be displayed pursuant to provisions of federal, provincial or municipal legislation; and 4 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 the use of a building or part thereof for a federal, provincial, or municipal election, referendum or plebiscite. The following developments shall not require a development permit, but must otherwise comply with all other provisions of this Bylaw (example: setbacks, parking, building height, etc.): the carrying out of works, maintenance or repair to any building provided that such works: i. do not include structural alterations that would affect any regulations in this Land Use Bylaw, or ii. do not change the use or the intensity of use of the structure or building; interior renovations to a building which do not: i. create an additional Dwelling Unit, ii. increase parking stall requirements, or iii. result in the change of use or the intensity of use of a building; the temporary placement or construction of a building, works, plants or machinery needed in connection with the construction of a development for which a development permit has been issued for the period of those operations; the use of land for, or the maintenance or repair of works, services and Utilities on publicly owned or administered land carried out by or on behalf of federal, provincial, municipal or public authorities or private Utilities under special agreement with the Town of Hanna; a Home Occupation that meets the definition of a Home Occupation - Minor (See Section 10.3 Home Occupations); the construction or replacement of one (1) Accessory Building per parcel, which does not exceed 9.3 m2 (100.0 ft2) in floor area and 4.57 m (15.0 ft) in building height (See Section 10.1 Accessory Buildings); landscaping that was not required as part of a valid development permit; the construction, maintenance and repair of a patio, private walkways, pathways, and similar works; demolition of a building (a building permit is required); Renewable Energy Systems, Attached (See Section 10.13 Renewable Energy Systems); the installation of a Sign as listed in Subsection 11.1.2 Signs; Farm Animals; Extensive Agriculture; and electric vehicle charging station within a Parking Lot or parking stall of an approved development. 5 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 4 ADMINISTRATIVE AGENCIES DEVELOPMENT APPROVAL AUTHORITIES The Development Authority shall exercise powers and perform duties on behalf of the municipality in accordance with the Act. The Development Authority is: the Development Officer while carrying out his or her functions or duties under this Bylaw and/or the Act; the Municipal Planning Commission while exercising development powers or duties under this Bylaw and/or the Act; or where the context of this Bylaw permits in Direct Control Districts, the Council. Development Officer The office of the Development Officer is hereby established to act on behalf of Council in those matters delegated by the Bylaw and in such matters as Council may instruct from time to time. Municipal Planning Commission The Municipal Planning Commission, established by Bylaw in accordance with the Act, shall perform such duties as are specified in this Bylaw. DEVELOPMENT AUTHORITY - POWERS AND DUTIES The Development Authority must administer all development permit applications in accordance with this Bylaw and decide upon all development permit applications. The Development Authority must refuse to accept a development permit application where the prescribed fee for a development permit has not been paid. The Development Authority may refuse to deem complete a development permit application where: the information required by this Bylaw is not provided; or the quality is inadequate or insufficient to properly evaluate the application. The Development Authority must make available for inspection, during office hours, all applications and decisions for development permits, subject to any legislation in force. The Development Authority must collect fees according to the schedule approved by Council. The types of development permit applications a Development Authority may consider are a development permit for: a permitted use that complies with all requirements of this Bylaw; 6 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 a permitted use that does not comply with all requirements of this Bylaw; a discretionary use that complies with requirements of this Bylaw; and a discretionary use that does not comply with all requirements of this Bylaw. The Development Authority must issue in writing the following notices and acknowledgements on development permit applications: notice of complete application; notice of incomplete application; notice of decision; and notice of refusal/deemed refusal of an application. Development Officer The Development Officer shall: receive, consider and decide on an application for a development permit for those uses listed as permitted uses for the relevant Land Use District which: i. comply with the minimum standards; or ii. otherwise comply with the minimum standards, but require relaxation of any measurable standard in accordance with Subsection 4.3.2; receive, consider and decide upon applications for Home Occupations and Signs and fences; and receive, and refer with recommendations to the Municipal Planning Commission for its consideration and decision, any application for a development permit which has been assigned to it for consideration and decision. Municipal Planning Commission The Municipal Planning Commission shall decide on applications for: those uses listed as discretionary uses (except applications for Home Occupations and Signs and fences); the relocation of buildings; uses deemed to be similar pursuant to Subsection 5.4.8; and those uses listed as permitted uses and requires a relaxation of any measurable standard in accordance with Subsection 4.3.3. VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY The Development Authority may approve a development permit application for a permitted use or discretionary use where the proposed development does not comply with all of the applicable requirements and rules of this Bylaw if, in the opinion of the Development Authority: 7 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 the proposed development would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties; and the proposed development conforms with a use prescribed by this Bylaw for that land or building. Development Officer The Development Officer, at its discretion, may relax the development standards 10% or less of that requirement. Municipal Planning Commission The Municipal Planning Commission at its discretion may relax the development standards greater than 10% of that requirement. SUBDIVISION AUTHORITY The Subdivision Authority, as established by bylaw, shall perform duties on behalf of the municipality in accordance with the Act, the Land Use Bylaw and all relevant Town of Hanna planning documents. SUBDIVISION AUTHORITY - POWERS AND DUTIES The Subdivision Authority must administer all subdivision applications in accordance with this Bylaw and decide upon all subdivision applications. The Subdivision Authority must refuse to accept a subdivision application where the prescribed fee for a subdivision application has not been paid. The Subdivision Authority may refuse to deem complete a subdivision application where: the information required is not provided; and/or the quality is inadequate to properly evaluate the application. The Subdivision Authority shall: keep and maintain for the inspection of the public copies of all decisions and ensure that copies of same are available to the public at a reasonable charge; keep a register of all applications for subdivision, including the decisions therein and the reasons therefore; receive all applications for subdivision including the prescribed application fees and decide upon all applications in accordance with the Regulation and the Land Use Bylaw with consideration of all comments received through circulation; issue the following notices and acknowledgements on subdivision applications: i. notice of complete application; 8 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 ii. notice of incomplete application; iii. notice of decision; and iv. notice of refusal/deemed refusal of an application. A notice shall be issued to the applicant on the form created by the Subdivision Authority and sent by email where consent has been granted by the applicant, otherwise it shall be sent by mail; except for subdivision applications not requiring circulation under the Act, to circulate applications for subdivision for comments to an adjacent municipality when the original parcel boundaries are adjacent to the municipal boundary or where an intermunicipal development plan requires; prepare, sign and transmit all notices of decision to the relevant agencies in accordance with the Regulation; ensure all conditions are complied with prior to endorsement to the satisfaction of the municipality; and endorse Land Titles instruments to effect the registration of the subdivision of land. 9 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 5 DEVELOPMENT APPLICATION AND APPROVAL PROCESS APPLICATION FOR DEVELOPMENT 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 the prescribed development permit fee and application submission requirements, including: authorization of the registered landowner; a site plan (drawn to scale) showing the following: i. legal description and north arrow; ii. area and dimensions of the parcel boundaries, showing the required front, rear, and side yards, if any; iii. existing and proposed easements and rights-of-way, including dimensions and type of easement, if applicable; iv. the location and dimensions of all existing and proposed buildings, structures, or uses on the parcel and the measured distance to property line; v. identification of existing and proposed roads or lanes that will provide access to the development; vi. any provision for off-street parking stalls and loading stalls; and vehicle entrances to and exits from the parcel; and vii. existing site grades at the corners of the parcel, and at the corners of existing and proposed buildings; statement of existing and proposed Utility services (i.e. on-site or municipal); statement of the current and proposed use of the lands; the estimated dates of commencement and completion; and the presence of abandoned oil and gas wells in accordance with the Regulation. The Development Authority 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, but is not limited to: current copy of Certificate of Title, and copies of any restrictive covenants, utility rights-of-way, easements, or Town of Hanna caveats registered on the Title(s); floor plans, elevations and section drawings; written rationale supporting any requested variances; samples or representations of exterior building finishing materials and colors; stormwater management, grading or landscaping plans prepared by a qualified professional; 10 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 a traffic impact assessment prepared by a qualified professional; a Real Property Report, prepared by an Alberta Land Surveyor, showing the location and distances of any existing buildings, waterbodies, trees or other physical features on or adjacent to the parcel being developed; in the case of the placement of an already constructed or partially constructed building on a parcel of land, information relating to the age and condition of the building and its compatibility with the District in which it is to be located; where a proposal is considered to have a significant environmental impact, the Development Authority may request the applicant to have an environmental evaluation or report (e.g. Biophysical Impact Assessment) prepared and submitted or undertake its own environmental evaluation regarding the proposed development, at the cost of the applicant; a construction management plan; and a copy of an application made and the approval given in relation to a development under 619 of the Act, or any other Provincial or Federal approval. Notwithstanding 5.1.1 and 5.1.2, at the discretion of the Development Authority, additional information, plans or reports may be required to adequately render a decision on an application. In the case where an application for a development permit has been refused pursuant to this Bylaw or ultimately after appeal to an Appeal Body, the submission of a subsequent application for a development permit on the same parcel and for the same or similar use of the land by the same or any other applicant may not be accepted by the Development Authority for at least six (6) months after the date of the previous refusal. NOTICE OF COMPLETE OR INCOMPLETE APPLICATION Within the timeframe specified in the Act, a notice of complete application or incomplete application shall be issued to the applicant on the form created by the Development Authority and sent by email where consent has been granted by the applicant, otherwise it shall be sent by mail. NOTICE OF APPLICATION AND APPLICATION REFERRAL The Development Authority shall provide a written notice of application to those landowners in accordance with Subsection11.4.9 for applications related to Signs that contain a digital display. The Development Authority may refer for comment any matter or any application for a development permit to any agency or authority it deems necessary. The Development Authority may refer to an adjacent municipality for consideration and comment any matter or any application for a development permit that relates to lands, that the Development Authority deems appropriate or necessary. A notice of application or referral must state the location and details of the application 11 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 being circulated, how more information can be obtained, the date comments are due by and to whom the comments must be sent to. Having received a reply on a matter referred to any person, municipality, agency or authority, the Development Authority shall make a decision giving due consideration to the comments received. After the time period identified in the circulation notice from the date of referral, the application may be dealt with by the Development Authority whether or not comments have been received. DECISION PROCESS - DEVELOPMENT AUTHORITY Permitted Use Permits That Meet All Requirements Where a development permit application is for a permitted use in a building or on a parcel and the proposed development conforms to all of the applicable requirements and rules of this Bylaw, the Development Authority must approve the application and issue the development permit. The Development Authority may impose such conditions as required to ensure compliance with this Bylaw. Permitted Use Permits That Do Not Meet All Requirements Where a development permit application is for a permitted use in a building or on a parcel and the proposed development does not conform to all of the applicable requirements and rules of this Bylaw, the Development Authority may: refuse to approve the development permit application; or approve the development permit application; and may: i. grant a relaxation of the requirement or regulation to which the proposed use does not conform; or ii. impose such conditions as required to ensure compliance with this Bylaw. The Development Authority may, as a condition of approving a development permit that does not comply with all of the applicable requirements and rules of this Bylaw, require the applicant to conform to a higher standard than required by the applicable rules if, in the opinion of the Development Authority, conformance to a higher standard will off-set any impact of granting the relaxation. Discretionary Use Permits When making a decision on a development permit for a discretionary use the Development Authority must take into account: any plans and policies affecting the parcel; the purpose statement in the applicable Land Use District; the appropriateness of the location and parcel for the proposed use; the compatibility and impact of the proposed development with respect to adjacent parcels and the neighbourhood; 12 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 the merits of the proposed development; the utility servicing requirements; access, parking and transportation requirements; vehicle and pedestrian circulation within the parcel; the impact on the public transportation system; and sound planning principles. The Development Authority may approve a development permit application for a discretionary use, and may impose such conditions considered appropriate or necessary, which may include: limiting hours of operation; limiting number of patrons; establishing landscaping requirements; requiring noise attenuation; requiring special provisions be made for parking; regarding the location, character and appearance of a building; regarding the grading of a parcel or such other procedures as is necessary to protect the parcel from other developments or to protect other developments; establishing the period of time during which a development may continue; and ensuring the development is compatible with surrounding uses. The Development Authority may refuse a development permit application for a discretionary use even though it meets the requirements and rules of this Bylaw. Applications the Development Authority Must Refuse The Development Authority must refuse a development permit application when the proposed development: is for a use that is not listed as either a permitted use or discretionary use in the Land Use District; or is for a use containing a restriction in its definition that is not met by the proposed use. Similar Use Permits In the case where a proposed specific use of land or a building is not provided for in any District in the Bylaw, the Municipal Planning Commission may determine that such use is similar in character and purpose to the definition of a permitted use or discretionary use prescribed for a particular District. Temporary Use Permits If an application is made for a development that is identified as temporary in this Bylaw, 13 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 the Development Authority may consider and approve a development for a specific period of time, not exceeding one (1) year, unless otherwise allowed in this Bylaw. Where a temporary development permit is issued in accordance with this Bylaw and the specified time period lapses, it is the responsibility of the applicant to request extension or renewal of the permit. DEVELOPMENT PERMITS AND NOTICE OF DECISION A development permit issued for a permitted use in compliance with the regulations and standards of this Bylaw, or a development permit issued by Council pursuant to a Direct Control District, comes into effect on the date that the decision is made. When a development permit is approved for a discretionary use or for a permitted use in which a variance has been granted, the Development Authority shall: provide a notice of decision to the applicant of the approval; immediately mail a notice in writing to all owners of land adjacent to the subject parcel; publish the notice of decision in a local newspaper; issue a development permit after the appeal period has expired. A development permit issued pursuant to Subsection 5.5.2 does not come into effect until twenty-one (21) days after the date the notice of decision is mailed to owners of land adjacent to the subject parcel. Any development proceeded with by the applicant prior to the expiry of this appeal period is done solely at the risk of the applicant. The notices indicated in Subsection 5.5.2 must state: the legal description and the street address of the parcel of the proposed development; the uses proposed for the subject development; 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; the date the development permit was approved; and how an appeal may be made to the Appeal Body and the deadline for such appeal. Where an appeal is made pursuant to Section 6.1 Appeals of this Bylaw, a development permit which has been granted shall not come into effect until the appeal has been determined and the development permit has been confirmed or modified. When the Development Authority refuses an application for a development permit, the notice of refusal shall be issued to the applicant. The notice of refusal shall contain reasons for the refusal. After the issuance of a development permit, a Development Authority may suspend or 14 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 revoke a development permit in writing to the applicant at any time: where the development permit was issued on the basis of incorrect information, fraud, non-disclosure, or misrepresentation on the part of the applicant; or where the development permit was issued in error. CONDITIONS OF APPROVAL Where a development permit application does not demonstrate that the proposed development conforms to all the applicable requirements of this Bylaw, the Development Authority may, as a condition of issuing the development permit, require the applicant to amend specific elements of the plans to conform with the applicable requirements. The Development Authority may, as a condition of issuing a development permit for a permitted use or discretionary use, require the applicant to make satisfactory arrangements for the supply of Utilities including, but not limited to natural gas, cable, water, electric power, sewer service, or any one or more of them including payment of the cost of installation or construction of any such Utility or facility by the applicant. The Development Authority may, as a condition of issuing a development permit for a permitted use or discretionary use, require the applicant enter into an agreement with the Town of Hanna to do any or all of the following: to construct or pay for the construction of a road required to give access to the development; to construct or pay for the construction of: i. a pedestrian walkway system to serve the development, or ii. pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development, or both; to install or pay for the installation of a public Utility that is necessary to serve the development, whether or not the public Utility is, or will be, located on the land that is the subject of the development; to construct or pay for the construction of: i. off-street or other parking facilities, and ii. loading and unloading facilities; to pay an off-site levy or redevelopment levy imposed by bylaw; and to give security to ensure that the terms of the agreement under this Section are carried out. The Town of Hanna may register a caveat pursuant to the provisions of the Act and the Land Titles Act in respect of an agreement under Subsection 5.6.3 against the Certificate of Title for the land that is the subject of the development. Said caveat shall be discharged when the agreement has been complied with. The Development Authority may attach conditions to a development permit which may 15 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 include adherence to engineering standards, the completion of any required reports and studies, and phasing requirements. COMMENCEMENT AND COMPLETION OF DEVELOPMENT If the development authorized by a development permit is not commenced within twelve (12) months from the date granted or carried out with reasonable diligence the development permit is deemed to be void, unless an extension request for the time period is submitted in writing by the applicant and granted by the Development Authority. The extension request must provide reasons for the request. If the development authorized by a development permit is not completed within three (3) years of the date of issue or as otherwise specified within a development permit, the development permit is deemed to be void, unless an extension request for the time period is submitted in writing by the applicant and granted by the Development Authority. The extension request must provide reasons for the request. For the purposes of this Bylaw, commencement includes excavation, but does not include fencing, or demolition on the parcel, or obtaining permits. The approval or issuance of a development permit does not authorize commencement of construction except in conjunction with all other required permits and conditions of the development permit. DIRECT CONTROL DISTRICTS AND PERMITS Direct Control Districts shall only be used for the purpose of providing for land or developments that, due to their unique characteristics or unusual site constraints, require specific regulation unavailable in other Land Use Districts. Direct Control Districts shall not be used in substitution of any other Land Use District in this Bylaw that could be used to achieve the same result either with or without variances to this Bylaw. Upon receipt of a completed application for a development permit pursuant to a Direct Control District, the Council may, prior to making a decision, refer the application to the Development Authority, any municipal department or external agency for comment. Prior to deciding upon the development permit application before it, the Council may provide public notice through means and to whom it considers necessary, that a decision on a development permit pursuant to a Direct Control District is to be made and that Council may afford an opportunity to any interested person to make representation on the application and shall take into account any such representations made when giving final consideration to the said application. Direct Control Bylaws that were passed pursuant to previous Land Use Bylaws and are denoted on the Land Use District Maps: are hereby incorporated into and form part of this Bylaw as if repeated herein at length; and 16 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 notwithstanding the definitions contained in this Bylaw, each Direct Control Bylaw must assume only those meanings for the terms contained therein that were intended at the date of the original passage. 17 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 6 APPEALS DEVELOPMENT AND SUBDIVISION APPEALS Appeals in respect of decisions on development permit applications are governed by the Act. Where the Development Authority: refuses or fails to render a decision on an application for a development permit; or approves an application for a development; or issues an order under this Bylaw; the person applying for the permit or affected by the order, or any other affected person, as the case may be, may appeal to the Appeal Body within the dates outlined in the Act. An appeal with respect to a decision on a subdivision application is governed by the Act and the Regulation. 18 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 7 BYLAW AMENDMENT PROCESS APPLICATION TO AMEND THE LAND USE BYLAW Council may at any time initiate an amendment to this Bylaw. Any owner of a parcel, his authorized agent, or other persons having legal or equitable interest in the parcel may apply to have the Land Use District of the parcel changed through an amendment to this Bylaw. All applications for amendments of this Bylaw shall be made using the approved form, accompanied by: the prescribed fee; a statement of the applicant's interest in the land; a Title for the land affected or other documents satisfactory to the Town of Hanna that supports the applicant's interest in the said land; any drawings, plans or maps required by the Town of Hanna; and any other documents as required by the Town of Hanna. All amendments to this Land Use Bylaw shall be made by Council by bylaw and in accordance with the procedures set forth in the Act. The Council, in considering an application for an amendment to this Land Use Bylaw, shall refer a copy of the proposed amendment to the following agencies: Palliser Regional Municipal Services; the Special Areas Board if, the proposed amendment: i. affects land on the boundary with the Special Areas Board; or ii. may otherwise have an effect on the Special Areas Board; or such other persons or agencies as it considers necessary for comment. If an application for an amendment to this Bylaw has been refused by Council, Council may not accept an application for an amendment for the same use on the same parcel for twelve (12) months from the date of the refusal. 19 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 8 ENFORCEMENT OFFENCES Any owner, lessee or occupant of land or a building, or the owner of a structure or a Sign thereon, who with respect to such land, building, structure or Sign, contravenes, causes, or allows a contravention of any provision of the Bylaw commits an offense. Any person who commences or continues development for which a development permit is required but has not been issued, has expired, has been revoked or suspended, or which is in contravention of a condition of a development permit under the Bylaw commits an offense. Any person who prevents or obstructs the Development Authority or a Designated Officer from carrying out any official duty under the Bylaw or the Act commits an offense. A Designated Officer may enforce the provisions of the Bylaw, or the conditions of a development permit pursuant to the Act. Nothing in this Bylaw diminishes or in any way affects the rights of the Town of Hanna pursuant to the Act, or at common law to seek an entry order, order for compliance, injunction or any other order to obtain compliance with this Bylaw. ENTRY AND INSPECTION Pursuant to the Act, an authorized person may only enter land or a building for the purpose of ensuring compliance with the Act and the Regulation, or this Bylaw if: the owner or person in possession of it gives his consent to the entry; or the entry is authorized by an Order of the Court of King's Bench; and only for the purpose of ensuring compliance with the Act and the Regulation, or this Bylaw. The Designated Officer, or such other person appointed by resolution of Council, is designated as the "authorized person". ORDERS Pursuant to Section 645 of the Act where an offense under the Bylaw occurs, the Development Officer may by written notice, order the owner or the person in possession of the land or buildings, or the person responsible for the contravention to: stop the development or use of the land or buildings in whole or in part as directed by the notice; or demolish, remove or replace the development; or 20 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 carry out any other actions required by the notice so that the development or use complies with the Bylaw. A person who receives an order referred to in Subsection 8.3.1 above may appeal to the Appeal Body in accordance with Section 6 Appeals of this Bylaw. Where the Council or a person appointed by it carries out an order the Council shall cause the costs and expenses incurred in carrying out the order to be added to the tax roll of the parcel of land and the amount: is deemed for all purposes to be a tax imposed under the Act from the date it was added to the tax roll; and it forms a special lien against the parcel of land in favour of the Municipality from the date it was added to the tax roll. VIOLATION TAGS AND PENALTIES The Designated Officer may issue a violation tag to any person who commits an offense. The violation tag shall specify the alleged offence committed by the person to whom the violation tag is issued and require voluntary payment. The violation tag shall be served upon the alleged offender personally, or if the defendant cannot be conveniently found, by leaving it for the defendant at the defendants place of residence with a person on the premises who appears to be at least 18 year of age, or by mailing a copy to such person at their last known address. Where contravention of this Bylaw is of a continuing nature, further violation tags or a violation ticket may be issued by a Designated Officer or Peace Officer, provided that no more than one violation tag or violation ticket shall be issued for each calendar day that the contravention continues. Where a violation tag is issued pursuant to this Bylaw, the person or company to whom the violation tag is issued may, in lieu of being prosecuted for the offense, pay to the Town of Hanna the minimum penalty specified in Table 1: Minimum Specified Penalties. If no penalty is specified in for the particular offence, the minimum specified penalty shall be $500.00. 21 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Table 1: Minimum Specified Penalties Offence First Offence Second Offence and Additional Offences Failure to obtain a development permit $250 $500 Failure to comply with development permit conditions $500 $1000 Failure to comply with District regulations $500 $1000 Failure to comply with any other regulation or standard of the Bylaw $250 $500 Fines for second and additional offences noted in Table 1: Minimum Specified Penalties are for when the offence has occurred within a twelve (12) month period of the previous offence. VIOLATION TICKETS Notwithstanding any other provision of this Bylaw, a Peace Officer is hereby authorized and empowered to immediately issue a violation ticket pursuant to the Provincial Offences Procedures Act, as amended, to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw. Nothing in this Bylaw shall prevent a Peace Officer from issuing Summons for the mandatory court appearance of any person or company who contravenes any provision of this Bylaw. Any person who is guilty of an offence and is liable upon summary conviction to a fine not less than $100.00 and not exceeding $10,000 per violation after conviction and costs, and upon failure to pay the fine and costs, to imprisonment for a period not exceeding 30 days unless such fine and costs are sooner paid. 22 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Part B - General Regulations 9 GENERAL LAND USE REGULATIONS APPLICABILITY The regulations within Section 9 General Land Use Regulations shall apply to all developments within the Town of Hanna, unless otherwise specifically exempted elsewhere in this Bylaw. Where any regulation in this section may be in conflict with any regulation of a given Land Use District in Part E or the Specific Use Regulations in Part C, the regulation in the District or Specific Use Regulation shall take precedence. DESIGN, CHARACTER AND APPEARANCE The design, use of materials, construction, character, location and appearance on the parcel of any development, structure, fence or Sign in any District must be, to the satisfaction of the Development Authority, compatible and complimentary with other developments in the area, unless the development is setting a new standard of design. DWELLING UNITS ON A PARCEL No person shall construct or locate more than one Dwelling Unit on a parcel unless it is otherwise permitted in this Bylaw. OBJECTS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS An Accessory Building, Shipping Container is prohibited in all residential districts, except: where is it listed as a permitted use or a discretionary use; or for construction storage during the period of construction for which a valid building permit has been issued. Notwithstanding 9.4.2, a shipping container may be used as elements of a building envelope, provided it adheres to the requirements of Section 9.2 Design, Character and Appearance. 23 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 SCREENING For commercial, industrial and Apartment developments, garbage and waste material must be stored in weather proof and animal proof containers. Garbage and waste material storage must be screened from public roads, excluding lanes. Commercial and industrial developments abutting a parcel with a principal residential use shall be screened from view on an interior side parcel line or rear parcel line, to the satisfaction of the Development Authority. Where permitted, outdoor storage areas of commercial and industrial materials and equipment shall be screened from adjacent parcels and public roads. Within the corner visibility setback, screening shall be a maximum of 1.22 m (4.0 ft) in height above grade to ensure public safety and/or good visibility for traffic and pedestrian purposes. UTILITY SERVICES AND INFRASTRUCTURE The Development Authority must confirm there is adequate sewage collection, treatment and disposal, water supply treatment and distribution, stormwater collection and storage and road capacity necessary to serve a development. A development shall not be permitted if the development is not served by: the municipal sewer and water system; or at the discretion of the Development Authority, a provincially approved private system. Where a proposed use may release contaminants or other deleterious substances into the municipal sewer system, the Development Authority may require an applicant to submit plans and reports prepared by a qualified professional to evaluate the potential impact on the sewer system and propose mitigations. The Development Authority may require a fats, oil and grease (FOG) interceptor, an oil and grit separator or other such interceptor, and/or a test manhole to be installed where a use may release contaminants or other deleterious substances into the municipal sewer system. Stormwater run-off shall be contained on-site or disposed of in a manner acceptable to the Town of Hanna and/or as required in a stormwater management report prepared by a qualified professional. SITE GRADING AND DRAINAGE Parcel grades and building elevations shall be established to ensure effective drainage and prevent drainage from one parcel to another, except where drainage conforms to an approved subdivision drainage plan. The owner of a parcel shall be responsible to ensure that grading is maintained over 24 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 time to provide effective drainage. Where maintenance of a common drainage swale or path at a property line is required, the responsibility of maintenance lies with the owners of both parcels. Where a drainage swale or path is established within an easement or right-of-way on a parcel, swale grades shall be maintained and the swale shall be kept free of any obstructions. Where retaining walls are necessary or proposed in any development, such walls shall be developed with professional quality and shall not negatively affect abutting parcels due to site elevations or drainage. RELOCATION OF BUILDINGS Notwithstanding Section 3 Development Not Requiring A Development Permit, a development permit shall be required for the relocation of any building to any parcel in the Town of Hanna as part of the development of a permitted or discretionary use. A development permit for the relocation of a building may include conditions of approval that: the building and the proposed location of the building meets the requirements of the Land Use District in which the building is to be located; the building is compatible with the character of the neighbourhood in which the building is to be relocated to; and the building be renovated to a satisfactory condition within a specified time. YARD SETBACKS AND PERMITTED PROJECTIONS In all districts, the minimum yard setbacks do not apply to: construction wholly beneath the surface of the ground; driveways, parking stalls and sidewalks; fences, patios and retaining walls; and landscaping. Where a building or buildings on the parcel are planned as a comprehensive site and are divided by condominium such that the building contains units that are on separate lots or Titles, the district yard setbacks do not apply within the development, but shall apply from the property line of abutting lots. Residential Projections Residential building projections specified in Subsections 9.9.4 to 9.9.9 into or over a required yard setback shall not require a variance (Figure 1: Permitted Projections Into Yard Setbacks). 25 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Figure 1: Permitted Projections Into Yard Setbacks The following projections may be permitted to a maximum of 1.52 m (5.0 ft) into the required front yard setback: balconies, bay windows, cantilevers, chimneys, eaves, shade projections, stairways and landings, and uncovered decks. 26 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 The following projections may be permitted into the required side yard setback, but must remain at least 1.0 m (3.3 ft) from the property line: balconies; bay windows; chimneys, shade projections, stairways and landings; and uncovered decks. The following projections may be permitted to a maximum of 50% of the required side yard setback: eaves. The following projections may be permitted to a maximum of 1.52 m (5.0 ft) into the required rear yard setback: balconies, bay windows, cantilevers, chimneys, eaves, and shade projections. The following projections may be permitted to a maximum of 50% of the required rear yard setback: uncovered decks, and stairways and landings. Wheelchair ramps may be permitted to encroach into any required yard setback, at the discretion of the Development Authority, provided that the ramp: does not impede fire access to or around the building; is complementary to and well-integrated into the existing building design; and does not extend beyond the property line unless where allowed pursuant to an encroachment agreement entered into with the Town. FENCES The construction or erection of a fence in any district requires a development permit. In residential districts or a parcel with a principal residential use, the maximum height above grade of a fence located within a yard shall be in accordance with Table 2: Maximum Fence Height in a Residential Yard. 27 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Table 2: Maximum Fence Height in a Residential Yard Yard Maximum Fence Height From Grade Rear 1.83 m (6.0 ft) Front 1.2 m (4.0 ft) Interior side 1.83 m (6.0 ft) Exterior Side 1.83 m (6.0 ft) In all other districts, the maximum height of a fence is 3.0 m (10.0 ft). On corner lots within the corner visibility setback, fences shall be a maximum of 1.2 m (4.0 ft) in height to ensure public safety and/or good visibility for traffic and pedestrian purposes. Materials used to construct fences shall be wood, brick, stone, concrete, or metal or other acceptable material to the satisfaction of the Development Authority and shall be aesthetically acceptable and in general conformity with adjacent development. CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS The parcel lines and yards of corner lots shall be determined by the following (Figure 2: Corner Lot and Reverse Corner Lot): the front parcel line of a corner lot is the shortest property line abutting a road; the exterior side parcel line of a corner lot is the longest property line abutting a road; the interior side parcel line of a corner lot is the longest property line abutting a parcel; and the rear parcel line of a corner lot is the shortest property line abutting a parcel or lane. Notwithstanding 9.11.1 or anything else in this Bylaw, the Development Authority may determine a corner lot to be a reverse corner lot (Figure 2: Corner Lot and Reverse Corner Lot). The Development Authority shall determine the front, rear and side yards of a reverse corner lot by taking into account: the general pattern and location of existing buildings on adjacent parcels; the size and geometry of the corner lot; the ability to create sufficient privacy on the parcel and privacy for adjacent parcels; 28 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 ensuring safe traffic movement at the intersection, considering the primary flow of traffic and access to the parcel; and the general aesthetics, considering the location and height of fencing and hedges. For parcels other than corner lots which have frontage on two roads, or for parcels which are not rectangular in shape, the Development Authority shall determine the yard designations. Figure 2: Corner Lot and Reverse Corner Lot PARKING AND LOADING The minimum off-street parking and loading requirements of this Bylaw shall be met for 29 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 all developments, including for an addition to an existing building. The development of a new parking area, or the expansion or reconfiguration of an existing parking area requires a development permit. Developments containing or providing for more than one use shall provide parking stalls equal to the sum of the requirements for the individual uses. All parking stalls and loading stalls required by this Bylaw shall be located on the same parcel as the development except where the provisions within a Land Use District allow for shared parking strategies. Where the Development Authority is satisfied that parking stalls can be shared by off- peak uses or due to other daily, weekly or seasonal differences, parking stall requirements may be reduced at the discretion of the Development Authority without the requirement for a relaxation. Shared parking between two parcels may be approved where: the alternate parking area is located within 152.4 m (500.0 ft) of the parcel; and a binding agreement for shared parking is executed between the owner of the parcel in which the parking area is provided and the owner of the parcel in which the parking area is required; and the agreement is registered on the Title of the parcel providing the shared parking. Parking stalls shall be provided in accordance with Table 3: Minimum Parking Requirements, and: shall be calculated on the basis of number of Dwellings Units, or gross floor area, or where the term "seats" is used shall be calculated on the basis of fire occupancy ratings; where the calculation of the required number of parking stalls results in a fractional number, the requirements shall be rounded up to the nearest full stall; and where the parking stall requirements of a development are not specified in this Bylaw, the Development Authority shall be guided by the standards for similar uses. 30 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Table 3: Minimum Residential Parking Requirements RESIDENTIAL USES PARKING STALLS REQUIRED Dwelling, Detached Dwelling, Manufactured Dwelling, Duplex 2 per Dwelling Unit Accessory Dwelling Unit, Attached Accessory Dwelling Unit, Detached No additional parking stalls required Apartment Attached Housing 2 per Dwelling Unit plus 1 visitor parking stall per 5 Dwelling Units Bed and Breakfast 1 additional parking stall per guest bedroom Care Facility 0.5 stalls per resident room or Dwelling Unit 31 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Table 4: Minimum Non-Residential Parking Requirements NON-RESIDENTIAL USES PARKING STALLS REQUIRED Automotive Sales Cannabis Production Facility Contractor Services Hospital Kennel Storage Yard Truck and Freight Terminal Wrecker and Salvage 1 per 92.9 m2 (1000.0 ft2) of gross floor area Agricultural Supply Depot Artist Studio Auction Facility Auto Body Shop Automotive Repair and Service Building Supply Centre Bulk Fuel Station Cannabis Retail Sales Car Wash Child Care Centre Convenience Store Equipment Rental Shop Heavy Equipment Sales and Service Laundry Facility Liquor Store Personal Service Establishment Pet Care Services Print Shop Veterinary Clinic Warehousing and Distribution 2 per 92.9 m2 (1000.0 ft2) of gross floor area Amusement Centre Clinic Cultural Establishment Financial Institution Gas Bar and Service Station Office Retail Store Wholesale Outlet 3 per 92.9 m2 (1000.0 ft2) of gross floor area Drinking Establishment Eating and Drinking Establishment 1 per 4 seats Educational Institution Elementary and Junior High Schools: Senior High Schools: 1 per classroom 4 per classroom Hotels/Motels 1 per guest suite Worship Facility 1 per 15 seats Athletic and Recreational Facility, Indoor Athletic and Recreation al Facility, Outdoor Food Processing, Storage and Sales Funeral Home Greenhouse Manufacturing, Heavy Manufacturing, Light Recycling Depot At the discretion of the Development Authority Self-Storage Facility 1 per self-storage unit 32 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 A minimum of one (1) loading stall shall be required per non-residential building, unless it can be otherwise demonstrated to the Development Authority that loading can reasonably take place on the parcel without a dedicated loading stall, or that it can be shared amongst multiple developments and/or tenants to minimize the number of loading stalls required. Stall Design and Dimensions Parking stalls and loading stalls shall be designed and constructed, to the satisfaction of the Development Authority: to be contained entirely on the parcel and not cause interference with pedestrian or vehicular movements on adjacent parcels, roads or sidewalks; and with the appropriate curbs, curb cuts or wheel stops where required. All parking stalls and loading stalls shall have direct access to a public road or maneuvering aisle with adequate access to a public road. Parking areas shall be designed in accordance with the dimensions stated in Table 5: Minimum Parking Stall and Aisle Dimensions. Where more complex parking area designs are requested (such as interlocking stalls), the design shall be reviewed based on best practices for parking area design, to the satisfaction of the Development Authority. Table 5: Minimum Parking Stall and Aisle Dimensions Parking angle (degrees) Stall width parallel to aisle Stall depth Aisle width Dwelling Units Other Uses 90 (perpendicular) 2.5 m (8.2 ft) 2.6 m (8.5 ft) 6.0 m (19.7 ft) 7.3 m (24.0 ft) 75 2.6 m (8.5 ft) 2.8 m (9.2 ft) 6.3 m (20.7 ft) 6.1 m (20.0 ft) 60 2.9 m (9.5 ft) 3.2 m (10.5 ft) 6.4 m (21.0 ft) 5.2 m (17.1 ft) 45 3.6 m (11.8 ft) 3.9 m (12.8 ft) 6.0 m (19.7 ft) 4.0 m (13.1 ft) 0 (Parallel) 2.5 m (8.2 ft) 2.6 m (8.5 ft) 6.7 m (22.0 ft) 4.0 m (13.1 ft) Loading stalls shall be designed in accordance with the following: a minimum of 3.5 m (11.5 ft) wide and 10.0 m (32.8 ft) in length, and no less than 4.3 m (14.1 ft) overhead clearance; and access to the space shall be such that no backing and turning movements of vehicles cause interference with traffic on the adjacent roads or lanes. 33 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 VEHICLE ENTRANCES AND EXITS Unless shown on a site plan for an approved development permit, the installation of a driveway or vehicle entrances and exits requires a development permit. Vehicle entrances and exits shall be located at least 6.1 m (20.0 ft) from the corner along a property line at the intersection of two (2) or more roads. All vehicle entrances and exits onto a highway shall be approved by the Provincial highway authority, or as approved within an Area Structure Plan. The Development Authority may require that entrances and exists for vehicles be separate, one-directional, and/or adequately signed. DRIVE THROUGHS AND VEHICLE-ORIENTED DESIGNS Drive throughs and vehicular oriented designs may only be allowed if the Development Authority is satisfied that such designs do not adversely affect the functioning of surrounding roads, traffic circulation or adjacent uses. The following regulations shall apply to the design of maneuvering aisles and queuing spaces: must be screened from existing residential uses and not be located within 19.8 m (65.0 ft), except where separated by a building; may be located in a required setback area if there are no safety or nuisance concerns identified with adjacent uses; must not provide direct access to any parcel or road; and must not interfere with other vehicular or pedestrian movements. For Eating Establishments with a drive through: ordering windows or order boards must not be located within 19.8 m (65.0 ft) of a parcel with a principal residential use; and a minimum of five (5) queuing spaces shall be provided per order board or ordering window. For uses which provide drive through automotive services, the following minimum queuing spaces are required: Gas Bars and Services Stations: one (1) queuing space per fuel pump or service bay; and Car Washes: two (2) queuing spaces per bay. Queuing spaces shall be a minimum of 2.7 m (9.0 ft) in width and 6.4 m (21.0 ft) in length and provide sufficient space for the turning and maneuvering of vehicles. 34 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Part C - Specific Use Regulations 10 SPECIFIC USE REGULATIONS This Section of the Land Use Bylaw contains regulations for specific land uses, as listed below. 10.1 Accessory Buildings 10.2 Accessory Dwelling Units 10.3 Home Occupations 10.4 Bed and Breakfasts 10.5 Manufactured Dwellings 10.6 Pet Care Services 10.7 Kennels 10.8 Auto Body Shops 10.9 Gas Bars and Service Stations 10.10 Car Washes 10.11 Cannabis Retail Sales 10.12 Cannabis Production Facility 10.13 Renewable Energy Systems 10.14 Work Camps 35 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 ACCESSORY BUILDINGS Accessory Buildings must be secondary and subordinate to the principal building or principal use on the same parcel. The determination of whether a use, building or structure is considered accessory shall be at the discretion of the Development Authority. An enclosed structure which is attached to the principal building by a roof, a floor or a foundation is not an Accessory Building and is to be considered part of the principal building. An Accessory Building shall not be used as a Dwelling Unit unless approved in accordance with the provisions of this Bylaw. Excepting the R-A District, the maximum height of an Accessory Building in a residential district or a parcel with a principal residential use shall be 4.57 m (15.0 ft). Excepting the R-A District, no Accessory Building shall be located in the front yard of a parcel in a residential district or a parcel with a principal residential use. The minimum side yard setback of an Accessory Building in any District shall be: 1.0 m (3.3 ft); except on corner lots or reverse corner lots when vehicular access is provided from the exterior side yard, the minimum exterior side yard setback shall be 3.0 m (10.0 ft). The minimum rear yard setback of an Accessory Building in any District shall be: 1.0 m (3.3 ft); except when vehicle access to an Accessory Building is from a lane, the minimum setback shall be 2.0 m (6.6 ft). Accessory Building, Fabric Covered Accessory Buildings, Fabric Covered shall be: setback a minimum of 3.0 m (10.0 ft) from any structure or equipment that contains open flames (i.e. fire pits, or other open flame accessories); kept in good condition and the fabric not frayed or damaged; and fully enclosed with closable doors on the ends. Within residential districts or a parcel with a principal residential use, Accessory Buildings, Fabric Covered must not: exceed one (1) Accessory Building, Fabric Covered per parcel; be connected to any Utilities; exceed 20.44 m2 (220.0 ft2) in floor area; and be used in a manner that would cause or create a nuisance by way of noise, vibration or dust to impact the privacy and enjoyment of adjacent residential uses or the amenities of the neighbourhood. 36 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 For non-residential uses in districts other than residential districts, Accessory Buildings, Fabric Covered may, at the discretion of the Development Authority: be connected to Utilities; and exceed more than one (1) Accessory Building, Fabric Covered per parcel. The Development Authority may issue a temporary development permit for an Accessory Building, Fabric Covered with a specified maximum time limit. Accessory Buildings, Shipping Container The Development Authority may require the exterior surface of an Accessory Building, Shipping Container be finished, or screened from public view, to the satisfaction of the Development Authority. An Accessory Building, Shipping Container shall not be used as a structure for installing or displaying a Sign. ACCESSORY DWELLING UNITS An Accessory Dwelling Unit may be developed only in those Land Use Districts where it is listed as a permitted use or discretionary use and associated with a principal Detached Dwelling. The issuance of a development permit in no way exempts the applicant from obtaining a building permit for an Accessory Dwelling Unit. A maximum of one (1) Accessory Dwelling Unit is allowed per parcel. An Accessory Dwelling Unit must not be separated from the principal Detached Dwelling by the registration of a condominium or subdivision. Detached Accessory Dwelling Units The maximum floor area of an Accessory Dwelling Unit, Detached shall not exceed 74.3 m2 (800.0 ft2) excluding any internal area for stairways and landings or common areas that are accessible and intended to be used by residents of both Dwelling Units. Where an Accessory Dwelling Unit, Detached is located on the second storey, the maximum building height shall be 7.0 m (23.0 ft) and shall not exceed the height of the principal building. 37 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Attached Accessory Dwelling Units The maximum floor area of an Accessory Dwelling Unit, Attached shall not exceed 40% of the gross floor area of the principal Dwelling Unit or 74.3 m2 (800.0 ft2), whichever is the lesser. Internal areas for stairways and landings or common areas that are accessible and intended to be used by residents of both Dwelling Units shall not be included in the floor area of the Accessory Dwelling Unit. Notwithstanding 10.2.7, where an Accessory Dwelling Unit, Attached occupies: the basement within a one-storey Detached Dwelling; or the second storey of a two-storey Detached Dwelling; the Accessory Dwelling Unit, Attached may occupy a maximum of 50% of the gross floor area of the building. HOME OCCUPATIONS In accordance with Section 3 Development Not Requiring a Development Permit, a Home Occupation - Minor does not require a development permit. A business license may be required. Where a business license and development permit are required for a Home Occupation, and the business license lapses for a period of more than one (1) year, a new development permit is required. Where the applicant for the Home Occupation is not the registered owner of the Dwelling Unit proposed to be used for a Home Occupation, the applicant shall provide written authorization from the registered owner(s) to the Development Authority. A Home Occupation shall not include any activity or operation which will cause or create a nuisance by way of noise, dust, and/or smoke or other nuisance that is not characteristic of a residential use. 38 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Home Occupation - Minor A Home Occupation - Minor shall meet all of the following criteria: be located within the principal Dwelling Unit only; on-site sales or customer visits totaling less than 11 visits per day, and no more than two (2) customers on-site at a time; no outdoor display of goods; no on-site employees other than the residents of the Dwelling Unit (all employees must reside on the premise or work remotely); no outdoor storage; and occupies less than 25% of the gross floor area of the Dwelling Unit. A maximum of one (1) Fascia Sign for a Home Occupation - Minor may be displayed in accordance with Subsection 11.8.3. Home Occupation - Major A Home Occupation - Major shall be determined as any Home Occupation which meets one or more of the following criteria: located within an Accessory Building; on-site sales or customer visits totaling 11 or more customer visits per day, or three (3) or more customer on-site at a time; includes outdoor storage associated with the Home Occupation; and the gross floor area for the Home Occupation is 25% or greater but does not exceed 50% of the gross floor area of the Dwelling Unit. A maximum of one (1) Fascia Sign or Freestanding Sign for a Home Occupation - Major may be displayed in accordance with Subsection 11.8.3 or 11.12.2. BED AND BREAKFASTS Bed and Breakfasts shall: not provide cooking facilities in guest rooms; not change the residential character or external appearance of the building; provide off-street parking stalls in accordance with Table 3: Minimum Residential Parking Requirements; and have a maximum of four (4) guest rooms. A maximum of one (1) Fascia Sign or Freestanding Sign for a Bed and Breakfast may be displayed in accordance with Subsection 11.8.3 or 11.12.2. The issuance of a development permit in no way exempts the applicant from obtaining a business license from the municipality and any other provincial approvals that may be required. 39 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 MANUFACTURED DWELLINGS Manufactured Dwellings constructed greater than ten (10) years at the time of development permit application may not be approved at the discretion of the Development Authority. In determining the suitability of a Manufactured Dwelling for placement on a parcel, consideration shall be given to its condition and appearance in context with the adjacent parcels. The undercarriage of a Manufactured Dwelling shall be screened from view by the foundation or by skirting within 30 days of placement of the Manufactured Dwelling. All accessory structures such as stairways and landings, patios, decks, and skirting shall be of complementary quality and design to the Manufactured Dwelling. All Manufactured Dwellings shall be provided with stairways and landings to all entrances within 45 days of their placement. PET CARE SERVICES Pet Care Services shall be designed, constructed and operated in a manner to prevent a nuisance to any adjacent residential use or other adjacent uses in regard to factors such as noise, odors and waste. Outside enclosures, pens, runs or exercise areas may be allowed at the discretion of the Development Authority. The Development Authority may, as a condition of a development permit for a Pet Care Service, limit the maximum number of animals that may be kept at any one time. KENNELS An application for a development permit for a Kennel shall include, in addition to the application requirements in Subsection 5.1 Application for Development: a site plan indicating the size and location of all Kennel buildings and facilities (e.g. outdoor enclosures, pens, runs or exercise areas, waste (feces) management areas); a plan showing the distance between any buildings or facilities used for the Kennel operation to any residential uses within a 91.4 m (300.0 ft) radius; and proposed screening and noise attenuation measures. All dog facilities, including any Accessory Buildings and exterior exercise areas, shall be located to the rear of the parcel. The Development Authority may, as a condition of a development permit for a Kennel, limit the maximum number of animals that may be kept at any one time. The Development Authority, at its discretion, may: require pens, rooms, exercise runs, and holding stalls be soundproofed where the noise from the Kennel may adversely affect the amenities of the area. In making 40 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 its determination, the Development Authority may consider the number of animals to be kept at the Kennel, the proximity of the Kennel to other uses, and/or the recommendations of an acoustic study; and limit the times at which the animals are allowed outdoors. In particular, all dogs may be required to be kept indoors between the hours of 10:00 p.m. and 7:00 a.m. Kennels shall be screened by both a visual and sound barrier, by fences and/or landscaping, from existing residential uses on adjacent parcels to the satisfaction of the Development Authority. AUTO BODY SHOPS All buildings and outdoor storage areas related to the Auto Body Shop must be oriented on the parcel to minimize any potential adverse effects on adjacent uses. An Auto Body Shop may include activities associated with the use located outside of a building provided any areas of the parcel used for outdoor storage are fenced to a height of 2.44 m (8.0 ft), and the fence is a solid fence of either metal or wood to the satisfaction of the Development Authority. GAS BARS AND SERVICE STATIONS Gas Bars and Service Stations shall comply with the following standards, in addition to those standards in Section 9.13 Drive Throughs and Vehicle-Oriented Designs: no part of a service station building or any pump island shall be within 6.1 m (20.0 ft) of front, side or rear parcel lines; a front yard of no less than 12.2 m (40.0 ft); no pumping island closer than 4.57 m (15.0 ft) to a building; vehicle entrances from a road shall be located at the discretion of the Development Authority and shall not exceed 10.67 m (35.0 ft) in width; and the property lines of a Gas Bar and Service Station, other than those fronting a road, may be required to be screened to the satisfaction of the Development Authority. CAR WASHES Car Washes shall comply with the following standards in addition to those standards in Section 9.13 Drive Throughs and Vehicle-Oriented Designs: the minimum parcel area shall be 557.4 m2 (6000.0 ft2). In the case of Gas Bars and Service Stations including Car Washes, the minimum parcel area shall be 1,133.4 m2 (12,200.0 ft2); 41 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 receptables for the purpose of disposing of garbage and waste shall be provided to the satisfaction of the Development Authority; and all parts of the parcel in which vehicles are washed shall be hard surfaced and appropriately drained. All buildings and outside activity areas related to the Car Wash must be oriented on the parcel to minimize any potential adverse effects on adjacent uses. CANNABIS RETAIL SALES Cannabis Retail Sales must not have any part of an exterior wall that is located within 300.0 m (984.3 ft) of: an approved hospital as defined in the Hospitals Act or a property line of the parcel of land on which the facility is located; a building containing a school as defined in the Schools Act or a property line of a parcel of land on which the building is located; or a property line of a parcel of land that is designated as school reserve or municipal and school reserve under the Act. CANNABIS PRODUCTION FACILITY The Development Authority may require for a complete application for a Cannabis Production Facility, the submission of a waste management plan completed by a qualified professional, which includes but is not limited to: the quantity and characteristics of liquid and solid waste material discharged by the facility; the method and location of collection and disposal of liquid and solid waste material discharged by the facility; and the incineration of waste products and method of treatment of airborne emissions, including odours. The issuance of a development permit in no way exempts the applicant from obtaining any other approval, permit, authorization, consent or license that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. As a condition of a development permit and prior to the operation of the facility, the developer must provide a copy of the current license for all activities associated with cannabis production as issued by Health Canada. All processes and functions related to a Cannabis Production Facility must be fully contained within a building including all loading stalls and docks, garbage receptacles and waste material. A Cannabis Production Facility shall not include outdoor storage of goods, materials or supplies. A Cannabis Production Facility shall not be allowed to operate on a parcel with any 42 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 other use. A Cannabis Production Facility must include equipment in the ventilation system designed and intended to remove odours from the air where it is discharged from the building. RENEWABLE ENERGY SYSTEMS Renewable Energy Systems, Attached that are attached to a principal building or Accessory Building shall: not extend above the peak of a roof; not project past a roof by 1.52 m (5.0 ft) at any point; and not generate noise, in the opinion of the Development Authority, which affects the amenity or enjoyment of an adjacent residential use. Renewable Energy Systems, Freestanding must meet the height and setback regulations for an Accessory Building within the applicable Land Use District. WORK CAMPS A temporary development permit for a Work Camp may be issued for up to one (1) year, unless otherwise approved by the Development Authority as a condition in a development permit. In addition to the requirements in Section 5.1 Development Permit Applications, an application for a Work Camp shall include: a description of the location, type and purpose of the Work Camp; a plan showing the location, number and type of accommodations; a plan showing the adjacent land uses, and any proposed screening or fencing; a plan and/or description of the method of supplying water, sewage and solid waste disposal to the Work Camp; the number of persons proposed to reside in the Work Camp; the anticipated start date of construction of the Work Camp, date of occupancy and removal date; and reclamation measures once the Work Camp is completed and removed. Once completed, a Work Camp site must be: reclaimed to its original condition; or reclaimed to a state where sediment and dust are controlled, and the aesthetics are returned to an acceptable condition, to the satisfaction of the Development Authority. 43 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Part D - Signs 11 SIGN REGULATIONS SIGN AUTHORITY AND ADMINISTRATION Except for those Signs listed in 11.1.2, no Sign shall be erected on land or affixed to any exterior surface of a building or structure unless a development permit for this purpose has been issued by the Development Authority. The following Signs shall not require a development permit but must otherwise comply with all other provisions of this Bylaw. Signs that: (a) are located inside a building and is not visible from the exterior, or are installed on a window of a building; (b) state the municipal address to a maximum sign area of 0.28 m2 (3.0 ft2) for a residential use and 0.46 m2 (5.0 ft2) for a non-residential use; (c) are for the purpose of warning or direction; (d) relate to an approved Home Occupation or Bed and Breakfast Establishment, and meet the requirements of Subsection 11.8.3 or Subsection 11.12.2; (e) relate to a political campaign for municipal, school board, regional health authority, provincial or federal elections; (f) are Mural Signs; (g) indicate "open", "closed", "vacancy" or "no vacancy" with a maximum sign area of 0.46 m2 (5.0 ft2) per non-residential use; (h) are A-Board Signs or a Portable Signs; and (i) are a temporary Sign that relates to a real estate sale or a temporary event, provided the Sign is removed immediately following the event or sale. A development permit is not required for maintenance, repair, changing the sign content, or reducing the sign content area of an approved Sign. The issuance of a development permit for a Sign located adjacent to a highway does not preclude any approvals or permits required by the Provincial highway authority. No Sign shall be erected on or affixed to municipal property without the prior consent of the Town of Hanna. Variances may be granted to sign area where the Sign scale and design integrates with the architectural elements and scale of the building and adjacent buildings. 44 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Where a Sign is no longer related to a business, product or event located on the same parcel as the Sign, the Sign must be removed by the owner of the Sign or the owner of the parcel on which the Sign is located. Where a Sign contravenes the regulations of this Bylaw or the terms of a development permit, the owner of the parcel or the owner of the Sign shall remove the Sign or relocate or repair the Sign such that it complies with the Bylaw or the development permit within the timelines specified in the written warning or order. The Town of Hanna may remove any Sign that remains in contravention of this Bylaw and an order, and/or may refuse to issue a development permit for a Sign on the parcel for a period of three (3) months. SIGN APPLICATION REQUIREMENTS An application for a development permit for a Sign shall be completed and submitted to the Development Authority in writing, in the form required by the Development Authority accompanied by the prescribed development permit fee and application submission requirements, including: authorization of the registered landowner; a site plan (drawn to scale) showing the following: i. legal description and north arrow; ii. area and dimensions of the parcel boundaries, including the front, rear, and side yards, if any; iii. existing and proposed easements and rights-of-way, including dimensions and type of easement, if applicable; iv. the location and dimensions of all existing and proposed Signs, buildings, structures, or uses on the parcel; v. identification of existing and proposed roads or lanes that will provide access to the development; vi. any provision for off-street parking stalls and loading stalls; and vehicle entrances to and exits from the parcel; and a drawing showing the width, height and sign area of the Sign, including the proposed sign content and sign content area; and a description or drawing showing the Sign materials and colors. 45 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 SIGN DEFINITIONS For the purposes of this Bylaw, the following definitions are related to Signs: digital display means an electronic Sign that uses a screen (i.e. LCD) or projection screen to display sign content, which may include text, videos or graphics. LUX means a way to measure the intensity of light as perceived by the human eye as it hits or passes a surface, displayed as the luminous flux per unit area, and is equal to one lumen per square meter. Sign means any device or fixture intended to convey information or to advertise or attract attention to any person, business, matter, message, object or event. sign area means the entire area of a Sign on which sign content is intended to be placed. In the case where a Sign has sign content on more than one side of the Sign, sign area means the average total area of all sides of the Sign. See Sign Figure 1: Sign Area and Sign Content Area. sign content means the wording/lettering, message, graphics or content displayed on a Sign. sign content area means a rectangular area formed by the extreme limits of the sign content, including graphics related to the specific nature of the sign content. See Figure 3: Sign Area and Sign Content Area. Figure 3: Sign Area and Sign Content Area sign height means the vertical distance measured from the highest point of the Sign or Sign structure to grade. sign illumination means the lighting or exposure of a Sign to artificial lighting either by lights on or in the Sign or directed toward the Sign. sign type means the type of structure of a Sign (e.g. freestanding, portable) used to convey the sign content. temporary sign means any Sign designed or intended to be displayed for a short period of time that is not permanently attached to a supporting structure or building. 46 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 GENERAL SIGN REGULATIONS No Sign shall resemble or conflict with a traffic sign, signal or device. All Signs shall be designed and manufactured to a professional standard of quality, to the satisfaction of the Development Authority. The design and location of a Sign on a building shall complement the architectural elements and materials of the building. Buildings shall be designed to incorporate Signs into the building as an integrated architectural element. All Sign lighting shall be designed to illuminate the Sign only. A Sign shall not be located to obstruct the movement or free and clear vision of a pedestrian or motorist. All Signs shall be kept in a safe, clean, tidy and legible condition and may, at the discretion of the Development Authority, be required to be renovated or removed if not kept in a safe, clean, tidy or legible condition. Digital Display Signs Notwithstanding anything in this Bylaw, any sign type that contains a digital display, whether listed as a permitted use or a discretionary use in a District, shall be considered a discretionary use. Upon deeming an application complete, the Development Authority must issue a notice of application for a development permit for a Sign that contains a digital display to all parcels containing a residential use within 100.0 m (328.1 ft) of the proposed Sign prior to making a decision. A Sign that contains a digital display shall not be located closer than 30.5 m (100.0 ft) to a Dwelling Unit which faces the direction of the digital display. All Signs that contain a digital display must be equipped with an ambient light sensor and have an adjustable brightness. A Sign that contains a digital display must not increase the ambient light levels adjacent to the digital display by more than 3.0 LUX above the ambient light level. Sign content shown on a digital display must be static and remain in place for a minimum of six (6) seconds before switching to the next sign content. Sign content shown on the digital display using full motion video or otherwise give the appearance of animation or movement, and the transition between each digital sign content must not be displayed with any visible effects, including action, motion, fading in and out, dissolving, blinking, and intermittent flashing light or the illusion of such effect. Sign content must not be shown in a manner that requires the sign content to be viewed or read over a series of sequential sign content messages on a single digital display, or sequenced on multiple digital displays. The Development Authority may limit the hours of operation, the timing and sign content of Sign that contains a digital display. 47 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 SIGN TYPES Sign types are identified and defined as follows: # Sign Types Definition 1 Under Canopy Sign means a Sign that is suspended from or below the ceiling or roof of an awning or canopy. 2 Canopy sign means a Sign that is mounted, painted or otherwise attached to an awning, canopy or marquee. 3 Fascia Sign means a Sign mounted directly on to the building fascia, which does not project more than 0.3 m (1.0 ft) from the building and is generally mounted above the business entrance. 4 Mural Sign means a painting or other decorative work applied to and made integral with an outside wall surface of a building. 5 Projecting Sign means a Sign, other than a Canopy Sign or Fascia Sign, which is attached to and projects more than 0.3 m (1.0 ft) horizontally from a structure or building face. 6 Roof Sign means any Sign erected upon, against, or directly above a roof or on top of or above the parapet of a building. 48 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 7 Freestanding Sign means a Sign supported independently of a building or wall, or by way of columns, concrete foundation, uprights, braces, masts, or poles mounted in or upon grade. 8 Billboard Sign means a Sign supported independently of a building or wall that advertises goods, services or facilities which directs a person to a different parcel on which the Billboard Sign is located and where the sign content can be periodically replaced. 9 A-board Sign means a Sign which is set on the ground, built of two similar pieces of material and attached at the top by a hinge(s) so as to be self- supporting when the bottom edges are separated from each other (i.e. sandwich board sign). 10 Portable Sign means a Sign that is not permanently affixed to a building, structure, or the ground, but does not include A-board Signs as defined in this Bylaw. When a Sign cannot be clearly categorized as one of the sign types as defined in this Bylaw, the Development Authority shall determine the sign type and any and all applicable standards. SIGN TYPE 1 - UNDER CANOPY SIGN REGULATIONS Under Canopy Signs shall: be for a business located on the main or second floor of the building in which it is located within; be located below the eave or parapet of the building; have a maximum sign area of 0.19 m2 (2.0 ft2) and have a minimum height clearance of 2.4 m (8.0 ft) from grade or any sidewalk below. A business shall have a maximum of one (1) Under Canopy Sign per frontage. 49 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 SIGN TYPE 2 - CANOPY SIGN REGULATIONS Canopy Signs shall: have a minimum height clearance of 2.7 m (9.0 ft) from grade or any sidewalk below; not project above the roof; be set back a minimum of 0.6 m (2.0 ft) from a curb; not project greater than 2.0 m (6.6 ft) from the face of the building; and not exceed 9.3 m2 (100.0 ft2) in sign area. SIGN TYPE 3 - FASICA SIGN REGULATIONS Fascia Signs shall: be located on the building frontage directly adjacent to the business; not exceed 20% in sign area of the building face to which the Sign is attached; and not project above the roof or canopy greater than 1.0 m (3.3 ft). A business shall have a maximum of one (1) Fascia Sign per frontage. A maximum of one (1) Fascia Sign for a Home Occupation, Minor or Home Occupation, Major, or Bed and Breakfast may be displayed with a maximum sign area of 0.28 m2 (3.0 ft2). SIGN TYPE 4 - MURAL SIGN REGULATIONS A Mural Sign shall not have sign content that is a product or business advertising unless it is considered historic in content, at the discretion of the Development Authority. SIGN TYPE 5 - PROJECTING SIGN REGULATIONS Projecting Signs shall: have a minimum height clearance of 2.7 m (9.0 ft) from grade or any sidewalk below; not project above the roof greater than 1.0 m (3.3 ft); be setback a minimum of 0.6 m (2.0 ft) from a curb; not project more than 2.0 m (6.6 ft) from the face of the building; and not exceed 9.3 m2 (100.0 ft2) in sign area. A business shall have a maximum of one (1) Projecting Sign per frontage. 50 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 SIGN TYPE 6 - ROOF SIGN REGULATIONS Roof Signs shall: not exceed 9.3 m2 (100.0 ft2) in sign area; and not extend beyond the periphery of the roof on which it is located. SIGN TYPE 7 - FREESTANDING SIGN REGULATIONS Freestanding Signs shall: not exceed 15.2 m (50.0 ft) in sign height; not exceed a maximum sign area of 18.58 m2 (200.0 ft2); be a minimum of 6.1 m (20.0 ft) from a curb or 1.52 m (5.0 ft) from a property line, whichever is the greater distance; and be separated a minimum of 30.5 m (100.0 ft) from any other Sign along the same side of a block of the road. A maximum of one (1) Freestanding Sign for a Home Occupation, Major or Bed and Breakfast may be displayed with a maximum sign area of 0.28 m2 (3.0 ft2) and 1.0 m (3.3 ft) height above grade. SIGN TYPE 8 - BILLBOARD SIGN REGULATIONS Billboard Signs shall: be a minimum of 3.0 m (10.0 ft) tall by 6.1 m (20.0 ft) wide (with the width twice the height), with a maximum sign area of 65.0 m2 (700. ft2); be located no closer than 6.1 m (20.0 ft) from a property line abutting a highway; be located no farther than 18.3 m (60.0 ft) from a property line abutting a highway; have a minimum clearance of 3.0 m (10.0 ft) from grade; and not exceed 8.0 m (26.2 ft) in height above grade. The minimum distance between Billboard Signs on the same side of a highway where the posted speed is 80 km/hr or greater shall be 152.4 m (500.0 ft). A Billboard Sign may be allowed to be located on the side of a building if, in the opinion of the Development Authority, it would not interfere with the amenity or enjoyment of the surrounding area. 51 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 SIGN TYPE 9 - A-BOARD SIGN REGULATIONS A-Board Signs shall: be placed only within the frontage area of the business; not disrupt pedestrian traffic on a sidewalk; not be illuminated; not exceed 0.74 m2 (8.0 ft2) in sign area (with the height twice the width); and be removed on a nightly basis. Only one (1) A-board Sign shall be permitted per business. SIGN TYPE 10 - PORTABLE SIGN REGULATIONS A maximum of one (1) Portable Sign may be displayed on a parcel per business provided the Sign: does not exceed 6.7 m2 (72.0 ft2) in sign area; does not exceed 3.0 m (10.0 ft) in sign height; is not located in the corner visibility setback; and is not located within 30.5 m (100.0 ft) of any other Portable Sign. A Portable Sign shall not be located on a parcel so as to conflict with any required parking areas, loading stalls, or walkways. A Portable Sign must be stabilized and anchored that ensures the Sign will not be unintentionally moved or blown over. 52 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Part E - Districts 12 DISTRICTS ADMINISTRATION ESTABLISHMENT OF DISTRICTS For the purpose of this Bylaw, the Municipality is divided into the following Land Use Districts. Short Title District Name Residential Districts RA Residential Acreage District R-1 Detached Residential District R-2 General Residential District R-3 Multi Unit Residential District MD Manufactured Dwelling District MP Manufactured Dwelling Park District Commercial Districts C-T Commercial Transition District C-1 Downtown Commercial District C-2 General Business District HWY-C Highway Commercial District Industrial Districts I Industrial District Miscellaneous Districts CS Community Service District UR Urban Reserve District Direct Control Districts DC-1 Direct Control Roundhouse Historical District (Bylaw 987-2017) 53 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 DISTRICT BOUNDARIES The locations and boundaries of the Land Use Districts are shown on the Land Use District Maps in Part G Land Use District Map, which forms part of this Bylaw. The locations of boundaries shown on the Land Use District Map shall be governed by the following rules: where a boundary is shown as following the municipal boundary, it shall be deemed to follow the municipal boundary; where a boundary is shown as approximately following a property line, it shall be deemed to follow the property line; and where a boundary is shown to follow the shoreline of a bank of a waterbody, it follows that line. Where the exact location of the boundary of a Land Use District cannot be determined, using the rules in Subsection 12.2.2 above, the Council, on its own motion or on a written request, shall fix the location: in a manner consistent with the provisions of this Bylaw; and with the appropriate degree of detail required. The location of a district boundary, once fixed, shall not be altered except by an amendment of this Bylaw. DIRECT CONTROL DISTRICTS Direct Control Districts provide for development that, due to its unique characteristics, unusual site conditions, or innovative design, requires specific regulations unavailable in other Land Use Districts. Land Uses within a Direct Control District shall be determined by Council. Direct Control Districts may not be substituted for any other Land Use District if the same outcome can occur in that Land Use District through the approval of a variance or relaxation to development standards. Where Council deems there are sufficient and appropriate regulations within a Direct Control Bylaw, authority to approve development within the Direct Control District may be delegated to the Development Authority. Appeals within a Direct Control District shall be in accordance with the Act. 54 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 13 RA - RESIDENTIAL ACREAGE DISTRICT PURPOSE To accommodate acreage-style low density residential development in a semi-rural setting. PERMITTED USES The following uses are permitted uses in the RA - Residential Acreage District: Accessory Building* (in a side or rear yard) Accessory Building, Fabric Covered* (in a side or rear yard) Dwelling, Detached Farm Animals Home Occupation - Minor* Park Renewable Energy System, Attached* Renewable Energy System, Freestanding* Sign** (Sign type 3, 7) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the RA - Residential Acreage District: Accessory Building* (in a front yard) Accessory Building, Fabric Covered* (in a front yard) Accessory Building, Shipping Container* Accessory Dwelling Unit, Attached* Accessory Dwelling Unit, Detached* Bed and Breakfast* Dwelling, Manufactured* Home Occupation - Major* Public Building *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 0.6 ha (1.5 ac). The maximum parcel area is 4.0 ha (10.0 ac). 55 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 The minimum parcel width is 38.1 m (125.0 ft). The minimum front yard setback is 7.0 m (23.0 ft). The minimum side yard setback is 7.6 m (25.0 ft). The minimum rear yard setback is 7.6 m (25.0 ft). The maximum parcel coverage of principal buildings is 20%. The minimum gross floor area of a Detached Dwelling or Manufactured Dwelling is 92.9 m2 (1,000.0 ft2). The maximum building height of a Detached Dwelling or Manufactured Dwelling is 10.0 m (32.8 ft). The maximum building height of Accessory Buildings is 10.0 m (32.8 ft). 56 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 14 R-1 - DETACHED RESIDENTIAL DISTRICT PURPOSE To provide for low density residential development and other compatible residential neighbourhood uses. PERMITTED USES The following uses are permitted uses in the R-1 - Residential District: Accessory Building* Dwelling, Detached Home Occupation - Minor* Park Renewable Energy System, Attached* Sign** (Sign type 3, 7) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the R-1 - Residential District: Accessory Building, Fabric Covered* Accessory Dwelling Unit, Attached* Accessory Dwelling Unit, Detached* Attached Housing (existing) Bed and Breakfast* Child Care Centre Cultural Establishment Dwelling, Duplex (existing) Dwelling, Manufactured* Home Occupation - Major* Public Building Worship Facility *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 464.5 m2 (5,000.0 ft2). The minimum parcel width is 15.2 m (50.0 ft). The maximum parcel width is 30.5 m (100.0 ft). The minimum front yard setback is 6.0 m (19.7 ft). 57 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 The minimum side yard setback is 1.5 m (4.92 ft), except an exterior side yard where it is 3.0 m (10.0 ft). The minimum rear yard setback is 7.5 m (24.6 ft). The minimum gross floor area of the principal Dwelling Unit is 92.9 m2 (1,000.0 ft2). The maximum parcel coverage including all buildings is 45%, where Accessory Buildings may comprise up to a maximum of 15% of the total parcel coverage. The maximum building height of a principal Dwelling Unit is 10.0 m (33.0 ft). ADDITIONAL REQUIREMENTS The minimum width of a Manufactured Dwelling shall be 7.3 m (24.0 ft). The massing, design and appearance of a Manufactured Dwelling shall be consistent with adjacent development to the satisfaction of the Development Authority, and may be required to include enhanced design elements that add visual interest such as: a porch or veranda on the front façade; horizontal wall articulation on the front façade; the use of thick columns or brackets on roof overhangs; dormers, gables, cross gables or varied pitches for articulated roof lines; large or bay windows on the front façade, with strong window trim; architectural features or other detailing over entrances; changes in exterior siding materials, textures and colors to break up long wall expanses; and the use of trim and moldings that contrast the exterior siding. 58 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 15 R-2 - GENERAL RESIDENTIAL DISTRICT PURPOSE To provide for Detached Dwellings and Duplex Dwellings and other compatible residential neighbourhood uses. PERMITTED USES The following uses are permitted uses in the R-2 - General Residential District: Accessory Building* Dwelling, Detached Dwelling, Duplex Dwelling, Manufactured* Home Occupation - Minor* Park Renewable Energy System, Attached* Sign** (Sign type 3, 7) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the R-2 - General Residential District: Accessory Building, Fabric Covered* Accessory Dwelling Unit, Attached* Accessory Dwelling Unit, Detached* Attached Housing Bed and Breakfast* Child Care Centre Cultural Establishment Care Facility Home Occupation - Major* Public Building Worship Facility *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 464.5 m2 (5,000.0 ft2), except for a Duplex Dwelling or Attached Housing where it is 232.25 m2 (2,500.0 ft2). The minimum parcel width is 12.2 m (40.0 ft), except for a Duplex Dwelling or Attached Housing where it is 7.6 m (25.0 ft). 59 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 The maximum parcel width is 30.5 m (100.0 ft). The minimum front yard setback is 4.0 m (13.1 ft). The minimum side yard setback is 1.2 m (4.0 ft), except: for a common property line for a Duplex Dwelling or Attached Housing where it is zero; and an exterior side yard where it is 3.0 m (10.0 ft). The minimum rear yard setback is 7.5 m (24.6 ft). The minimum gross floor area of the principal Dwelling Unit is 74.3 m2 (800.0 ft2), excepting 55.7 m2 (600.0 ft2) for each Dwelling Unit in a Duplex Dwelling or Attached Housing. The maximum parcel coverage including all buildings is 55%, where Accessory Buildings may comprise up to a maximum of 15% of the total parcel coverage. The maximum building height of a principal Dwelling Unit is 10.0 m (33.0 ft). ADDITIONAL REQUIREMENTS Notwithstanding the minimum front yard setback, the minimum length of a driveway in a front yard is 6.0 m. The minimum width of a Manufactured Dwelling shall be 7.3 m (24.0 ft). The massing, design and appearance of a Manufactured Dwelling shall be consistent with adjacent development to the satisfaction of the Development Authority, and may be required to include enhanced design elements that add visual interest such as: a porch or veranda on the front façade; horizontal wall articulation on the front façade; the use of thick columns or brackets on roof overhangs; dormers, gables, cross gables or varied pitches for articulated roof lines; large or bay windows on the front façade, with strong window trim; architectural features or other detailing over entrances; changes in exterior siding materials, textures and colors to break up long wall expanses; and the use of trim and moldings that contrast the exterior siding. 60 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 16 R-3 - MULTI UNIT RESIDENTIAL DISTRICT PURPOSE To provide for residential development in a variety of medium density housing types and other compatible residential neighbourhood uses. PERMITTED USES The following uses are permitted uses in the R-3 - Multi Unit Residential District: Accessory Building* Attached Housing Apartment Dwelling, Duplex Home Occupation - Minor* Park Renewable Energy System, Attached* Sign** (Sign types 3, 7) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the R-3 - Multi Unit Residential District: Accessory Building, Fabric Covered* Bed and Breakfast* Care Facility Child Care Centre Cultural Establishment Home Occupation, Major* Public Building Worship Facility *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 185.8 m2 (2,000.0 ft2) for each Dwelling Unit in a Duplex Dwelling or Attached Housing. The minimum parcel width is: 7.6 m (25.0ft) for each Dwelling Unit in a Duplex Dwelling; and 6.1 m (20.0 ft) for each Dwelling Unit in Attached Housing. The minimum front yard setback is 6.0 m (19.7 ft). 61 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 The minimum side yard setback is 1.2 m (4.0 ft) for each side yard, except: for a common property line of a Duplex Dwelling or Attached Housing where it is zero; an exterior side yard where it is 3.0 m (10.0 ft); and an Apartment where it is 3.0 m (10.0 ft). The minimum rear yard setback is 7.5 m (24.6 ft). The maximum parcel coverage including all buildings is 55%, where Accessory Buildings may comprise up to a maximum of 15% of the parcel coverage. The maximum building height: is 10.0 m (33.0 ft) for Duplex Dwellings and Attached Housing; and is 12.2 m (34.0 ft) for Apartments. The maximum density for Attached Housing and Apartments shall be 75 Dwelling Units per hectare. ADDITIONAL REQUIREMENTS Apartments and comprehensively planned multi unit residential developments must, to the satisfaction of the Development Authority: locate vehicle entrances and exits, parking stalls and loading stalls in such a manner to minimize impact on adjacent residential uses; integrate the building and site design with the surrounding neighbourhood context; and provide 15% of the parcel area as a landscaped area that functions as an amenity area. Parking areas for an Apartment or comprehensively planned multi unit residential developments shall not be located in the front yard. 62 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 17 MD - MANUFACTURED DWELLING DISTRICT PURPOSE To provide for a residential development in Manufactured Dwellings, as well as Detached and Duplex Dwellings and other compatible residential neighbourhood uses. PERMITTED USES The following uses are permitted uses in the MD - Manufactured Dwelling District: Accessory Building* Dwelling, Manufactured* Home Occupation - Minor* Park Renewable Energy System, Attached* Sign** (Sign type 3, 7) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the MD - Manufactured Dwelling District: Accessory Building, Fabric Covered* Accessory Dwelling Unit, Attached* Accessory Dwelling Unit, Detached* Bed and Breakfast* Child Care Centre Cultural Establishment Care Facility Dwelling, Detached Dwelling, Duplex Home Occupation - Major* Public Building Worship Facility *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 464.5 m2 (5,000.0 ft2), except for a Duplex Dwelling where it is 232.25 m2 (2,500.0 ft2). The minimum parcel width is 12.2 m (40.0 ft), except for a Duplex Dwelling where it is 7.6 m (25.0 ft). The minimum front yard setback is 6.0 m (19.7 ft), except for a Manufactured Dwelling 63 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 where it is 4.6 m (15.0 ft). The minimum side yard setback is 1.2 m (4.0 ft), except: for a common property line for a Duplex Dwelling where it is zero; and an exterior side yard where it is 3.0 m (10.0 ft). The minimum rear yard setback is 7.5 m (24.6 ft), except for a Manufactured Dwelling where it is 4.6 m (15.0 ft). The minimum gross floor area of the principal building is 55.7 m2 (600.0 ft2). The maximum parcel coverage including all buildings is 55%, where Accessory Buildings may comprise up to a maximum of 15% of the total parcel coverage. The maximum building height of a principal Dwelling Unit is 10.0 m (33.0 ft). 64 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 18 MP - MANUFACTURED DWELLING PARK DISTRICT PURPOSE To provide for Manufactured Dwellings and associated Accessory Uses in Manufactured Dwelling Parks. PERMITTED USES The following uses are permitted uses in the MP - Manufactured Dwelling Park District: Accessory Building* Dwelling, Manufactured* Home Occupation - Minor* Manufactured Dwelling Park Renewable Energy System, Attached* Sign** (Sign type 1, 2, 3, 4, 5, 7, 9) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the MP - Manufactured Dwelling Park District: Accessory Building, Fabric Covered* Child Care Facility Convenience Store Home Occupation, Major* *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 0.8 ha (2.0 ac). The maximum parcel area is 12.1 ha (30.0 ac). The maximum density is 20 Dwelling Units per hectare. The minimum front yard setback is 6.0 m (19.7 ft). The minimum side yard setback is 6.0 m (19.7 ft). The minimum rear yard setback is 6.0 m (19.7 ft). The minimum gross floor area of a Manufactured Dwelling is 65.0 m2 (700.0 ft2). 65 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 The maximum building height is 6.0 m (19.7 ft). The minimum separation distances between buildings on a Manufactured Dwelling Park parcel shall be: 4.57 m (15.0 ft) between Manufactured Dwellings; 2.0 m (6.6 ft) between a Manufactured Dwelling and an Accessory Building; 3.0 m (10.0 ft) from the private Manufactured Dwelling Park road; 4.57 m (15.0 ft) from any other building. DESIGN REQUIREMENTS A site plan must be provided for all Manufactured Dwelling Park applications. The site plan must clearly identify private roads, pedestrian walkways, common areas and buildings, garbage and waste storage areas or buildings, visitor parking stalls, and the boundaries of Manufactured Dwelling plots. All private roads in a Manufactured Dwelling Park shall be a minimum 4.3 m (14.0 ft) width and constructed to the satisfaction of the Development Authority for emergency access and egress. Internal pedestrian walkways shall have a minimum width of 1.0 m (3.3 ft) and be surfaced to the satisfaction of the Development Authority. Visitor parking stalls shall be provided in the ratio of one (1) parking stall for every four (4) Manufactured Dwellings. Visitor parking stalls shall be dispersed throughout the park and clearly identified. The required yards shall be landscaped and fenced to the satisfaction of the Development Authority. All utility lines shall be placed underground in a Manufactured Dwelling Park. A minimum of 10% of the parcel area of a Manufactured Dwelling Park shall be set aside for an outdoor common amenity area or recreational use. One (1) Manufactured Dwelling Park identification Freestanding Sign may be located at each entrance to the Manufactured Dwelling Park from the public road. The maximum sign area is 3.0 m2 (32.0 ft2) and maximum sign height is 1.82 m (6.0 ft). A screened outdoor storage area may be provided for vehicles and equipment such as trucks, recreational vehicles, travel trailers, snowmobiles, and boats, at a location and in a manner satisfactory to the Development Authority. The Development Authority should give consideration to the sizing of lots and internal private roads in order that the future subdivision of the Manufactured Dwelling Park to provide Titled lots is a viable option. 66 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 19 C-T- COMMERCIAL TRANSITION DISTRICT PURPOSE To provide for a diversity of supporting commercial and residential uses in the fringe area of Hanna's downtown. PERMITTED USES The following uses are permitted uses in the C-T - Commercial Transition District: Accessory Building* Clinic Convenience Store Cultural Establishment Dwelling Unit (above the first storey accessory to a commercial use) Dwelling Unit (one on the main floor accessory to a commercial use) Dwelling, Detached Dwelling, Duplex Financial Institution Home Occupation - Minor* Home Occupation - Major* Office Personal Service Establishment Public Building Park Renewable Energy System, Attached* Retail Store Sign** (Sign type 1, 2, 3, 4, 5, 9) Worship Facility *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the C-T - Commercial Transition: Amusement Centre Apartment Artist Studio Athletic and Recreational Facility, Indoor Attached Housing Auto Body Shop* Automotive Repair and Service Automotive Sales Bed and Breakfast* Cannabis Retail Sales* Car Wash* Care Facility Child Care Centre Contractor Services Drinking Establishment Eating and Drinking Establishment Educational Institution Funeral Home Gas Bar and Service Station* Hotel/Motel Laundry Facility Liquor Store Parking Lot Pet Care Services* 67 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Print Shop Sign (Sign type 6, 7, 10)** Veterinary Clinic Warehousing and Distribution *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 557.4 m2 (6,000.0 ft2) except: 650.3 m (7,000.0 ft2) for Apartments; and 185.8 m2 (2,000.0 ft2) for each Dwelling Unit in Attached Housing. The minimum lot width is 15.2 m (50.0 ft) except: 18.0 m (59.0 ft) for Apartments; and 6.1 m (20.0 ft) for each Dwelling Unit in Attached Housing. The minimum front yard setback is zero, except for residential uses where it shall be 4.6 m (15.0 ft). The minimum side yard setback is 1.5 m (4.92 ft) except: where a fire wall is provided it is zero; and for an exterior side yard where it is 3.0 m (10.0 ft). The minimum rear yard setback is 2.0 m (6.6 ft). The maximum parcel coverage is for Apartments and Attached Housing is 55%, where Accessory Buildings may comprise up to a maximum of 15% of the parcel coverage. The maximum parcel coverage for all non-residential uses is 60%, where Accessory Buildings may comprise up to a maximum of 15% of the parcel coverage. The maximum building height is 14.0 m (46.0 ft). ADDITIONAL REQUIREMENTS Apartments and Attached Housing must, to the satisfaction of the Development Authority: locate vehicle entrances and exits, parking stalls and loading stalls in such a manner to minimize impact on adjacent uses; integrate the building and site design with the surrounding neighbourhood context; and provide 15% of the parcel area as a landscaped area that functions as an amenity area. 68 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 20 C-1 - DOWNTOWN COMMERCIAL DISTRICT PURPOSE To provide for a centralized pedestrian oriented commercial and retail district, including civic and cultural uses. PERMITTED USES The following uses are permitted uses in the C-1 - Downtown Commercial District: Clinic Convenience Store Cultural Establishment Eating and Drinking Establishment Financial Institution Office Park Personal Service Establishment Public Building Renewable Energy System, Attached* Retail Store Sign** (Sign type 1, 2, 3, 4, 5, 9) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the C-1 - Downtown Commercial District: Accessory Building* Amusement Centre Apartment Artist Studio Athletic and Recreational Facility, Indoor Cannabis Retail Sales* Child Care Centre Drinking Establishment Dwelling Unit (above the first storey) Dwelling Unit (one on the main floor accessory to a commercial use) Educational Institution Hotel/Motel Laundry Facility Liquor Store Pet Care Services* Sign** (Sign type 6, 7, 10) *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations 69 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 REGULATIONS The minimum parcel area is 348.4 m2 (3750.0 ft2). The minimum parcel width is 9.1 m (30.0 ft). The minimum front yard setback is zero. The minimum side yard setback is 1.5 m (4.92 ft), excepting where a fire wall is provided it is zero. The minimum rear yard setback is 2.0 m (6.6 ft). The maximum building height is 14.0 m (46.0 ft). Notwithstanding Section 9.12 Parking and Loading, the Development Authority may grant a relaxation or waive the minimum parking stall requirements within this district where adequate on-street parking is available. ADDITIONAL REQUIREMENTS Parking stalls shall not be located in the front yard. Apartments must, to the satisfaction of the Development Authority: locate vehicle entrances and exits, parking stalls and loading stalls in such a manner to minimize impact on adjacent uses; integrate the building and site design with the surrounding neighbourhood context; and provide 15% of the parcel area as a landscaped area that functions as an amenity area. Fences shall not be located in the front yard of a non-residential development. The maximum height of a fence shall be 1.83 m (6.0 ft) in a side yard or rear yard of a non-residential development. 70 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 21 C-2 - GENERAL BUSINESS DISTRICT PURPOSE To provide for a range of commercial uses that includes large-format Retail Stores, Light Manufacturing and other general services to residents of Hanna and the surrounding area. PERMITTED USES The following uses are permitted uses in the C-2 - General Business District: Accessory Building* Agricultural Supply Depot Artist Studio Athletic and Recreational Facility, Indoor Automotive Repair and Service Automotive Sales Building Supply Centre Car Wash* Office Pet Care Service* Print Shop Public Building Renewable Energy System, Attached* Retail Store Sign** (Sign type 1, 2, 3, 4, 5, 7, 9, 10) Utilities Wholesale Outlet Worship Facility *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the C-2 - General Business District: Accessory Building, Fabric Covered* Accessory Building, Shipping Container* Amusement Centre Auction Facility Auto Body Shop* Bulk Fuel Station Cannabis Retail Sales* Clinic Contractor Services Cultural Establishment Drinking Establishment Dwelling Unit (one, accessory to a commercial use) Eating and Drinking Establishment Educational Institution Equipment Rental Shop Funeral Home Gas Bar and Service Station* Greenhouse Heavy Equipment Sales and Service Hotel/Motel Kennel* Laundry Facility Liquor Store Manufacturing, Light Park 71 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Parking Lot Recycling Depot Renewable Energy System, Freestanding Self-Storage Facility Sign** (Sign type 6, 8) Storage Yard Veterinary Clinic Warehousing and Distribution *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 557.4 m2 (6000.0 ft2). The minimum parcel width is 15.2 m (50.0 ft). The minimum front yard setback is 1.0 m (3.3 ft). The minimum side yard setback is 1.5 m (4.92 ft), excepting: a zero side yard where a fire wall is provided; 2.0 m (6.6 ft) abutting a parcel with a principal residential use; and 2.0 m ( 6.6 ft) for an exterior side yard. The minimum rear yard setback is 2.0 m (6.6 ft). The maximum parcel coverage is 80%. The maximum building height is 14.0 m (46.0 ft). 72 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 22 HWY-C - HIGHWAY COMMERCIAL DISTRICT PURPOSE To provide for a range of commercial uses that provide goods and services to the travelling public, or that require locations that are accessible from the highway or major road. PERMITTED USES The following uses are permitted uses in the HWY-C - Highway Commercial District: Accessory Building* Automotive Repair and Service Automotive Sales Cultural Establishment Eating and Drinking Establishment Gas Bar and Service Station* Hotel/Motel Public Building Renewable Energy System, Attached Sign** (Sign type 1, 2, 3, 4, 5, 7, 9, 10) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the HWY-C - Highway Commercial District: Accessory Building, Fabric Covered* Accessory Building, Shipping Container* Agricultural Supply Depot Amusement Centre Athletic and Recreational Facility, Indoor Auction Facility Auto Body Shop* Building Supply Centre Bulk Fuel Station Campground Cannabis Retail Sales* Car Wash* Contractor Services Drinking Establishment Dwelling Unit (one accessory to a commercial use) Equestrian Centre Equipment Rental Shop Financial Institution Funeral Home Heavy Equipment Sales and Service Kennel* Liquor Store Manufacturing, Light Office Recycling Depot Renewable Energy System, Freestanding* Retail Store Self Storage Facility Sign** (Sign type 6, 8) Storage Yard Truck and Freight Terminal 73 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Veterinary Clinic Warehousing and Distribution Wholesale Outlet Work Camp* *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel width is 30.5 m (100.0 ft). The minimum front yard setback is 6.0 m (19.7 ft). The minimum side yard setback is 1.5 m (4.92 ft), excepting: a zero side yard where a fire wall is provided; 3.0 m (10.0 ft) abutting a parcel with a principal residential use; and 3.0 m (10.0 ft) for an exterior side yard. The minimum rear yard setback is 2.0 m (6.6 ft). The maximum parcel coverage is 40%. The maximum building height is 14.0 m (46.0 ft). ADDITIONAL REQUIREMENTS In addition to the general parking requirements in Section 9.12, parcels intended to accommodate uses or developments that require the parking or loading of tractor trailer vehicles shall be designed to the satisfaction of the Development Authority. Parking stalls and loading stalls for tractor trailer vehicles shall be a minimum of 15.2 m (50.0 ft) in length and 2.75 m (9.0 ft) in width and have a minimum overhead clearance of 4.25 m (13.9 ft). Sites shall be designed with appropriate vehicle entrances and maneuvering areas to accommodate tractor trailer vehicles. 74 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 23 I - INDUSTRIAL DISTRICT PURPOSE To provide for a range of manufacturing, warehousing and other industrial uses. PERMITTED USES The following uses are permitted uses in the I - Industrial District: Accessory Building* Accessory Building, Fabric Covered* Accessory Building, Shipping Container* Agricultural Supply Depot Auction Facility - No Livestock Auto Body Shop* Automotive Repair and Service Building Supply Centre Bulk Fuel Station Car Wash* Contractor Services Equipment Rental Shop Food Processing Storage and Sales Gas Bar and Service Station* Greenhouse Heavy Equipment Sales and Service Manufacturing, Heavy Manufacturing, Light Print Shop Public Building Recycling Depot Renewable Energy System, Attached* Retail Store Self-Storage Facility Sign** (Sign type 1, 2, 3, 4, 5, 6, 7, 10) Storage Yard Utilities Veterinary Clinic Warehousing and Distribution *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the I - Industrial District: Adult Entertainment Facility Artist Studio Athletic and Recreational Facility, Indoor Athletic and Recreational Facility, Outdoor Auction Facility Cannabis Production Facility* Dwelling Unit (one accessory to an industrial use) Kennel* Park Renewable Energy System, Freestanding* Sign** (Sign type 6, 8) Waste Transfer Station Work Camp* Wrecker and Salvage 75 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum parcel area is 557.4 m2 (6000.0 ft2). The minimum parcel width is 15.2 m (50.0 ft). The minimum front yard setback is 6.0 m (19.7 ft). The minimum side yard setback is 5.0 m (16.4 ft), excepting no side yard is required where a fire wall is provided. The minimum rear yard setback is 2.0 m (6.6 ft). The maximum building height is 14.0 m (46.0 ft). The maximum parcel coverage is 80%. ADDITIONAL REQUIREMENTS For an application for an industrial development, the development permit application shall contain the following information: the type and nature of the industry; the estimated number of employees; the estimated water demand and source; the type of effluent and method of treatment; transportation routes to be used; and any accessory works required. 76 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 24 CS - COMMUNITY SERVICE DISTRICT PURPOSE To provide for recreational, educational, community and emergency services uses. PERMITTED USES The following uses are permitted uses in the CS - Community Service District: Accessory Building* Cultural Establishment Educational Institution Hospital Park Public Building Renewable Energy System, Attached* Sign** (Sign type 1, 2, 3, 4, 5, 7, 9) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the CS - Community Service District: Accessory Building, Fabric Covered* Airport and Registered Aerodrome Athletic and Recreational Facility, Indoor Athletic and Recreational Facility, Outdoor Campground Care Facility Cemetery Child Care Centre Clinic Exhibition Grounds Parking Lot Renewable Energy System, Freestanding* Sign** (Sign type 6, 10) *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations 77 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 25 UR - URBAN RESERVE DISTRICT PURPOSE To reserve lands which are intended for future urban development. PERMITTED USES The following uses are permitted uses in the UR - Urban Reserve District: Accessory Building* Extensive Agriculture Home Occupation - Minor* Home Occupation - Major* Park Renewable Energy System, Attached* Sign** (Sign type 3, 7) Utilities *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations DISCRETIONARY USES The following uses are discretionary uses in the UR - Urban Reserve District: Accessory Building, Fabric Covered* Accessory Building, Shipping Container* Airstrip, Private Athletic and Recreational Facility, Outdoor Bed and Breakfast* Campground Dwelling, Detached Dwelling, Manufactured* Exhibition Grounds Gravel and Sand Excavation and Storage Greenhouse Public Building Renewable Energy System, Freestanding* Solar Power Plant Work Camp* *See Section 10 Specific Use Regulations **See Section 11 Sign Regulations REGULATIONS The minimum front yard setback is 7.0 m (23.0). The minimum side yard setback is 7.5 m (24.6 ft). The minimum rear yard setback is 7.5 m (24.6 ft). There shall be no subdivision of lands designated UR-Urban Reserve, excepting when: 78 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 an Area Structure Plan, if required to be prepared by Council, has been adopted by bylaw; or a conceptual scheme, if required to be prepared by Council, has been adopted by bylaw or resolution; and a concurrent application for an amendment to this Bylaw has been submitted to and/or approved by Council. The parcel coverage, building height, landscaping or other design requirements of all buildings and structures shall be to the satisfaction of the Development Authority, who in making its decision on a development permit application must consider: the purpose of the UR - Urban Reserve District; the existing and future uses of adjacent parcels. Prior to approving a development permit application in the UR - Urban Reserve District, the Development Authority must be satisfied that the proposed use will not prejudice the future orderly development of the area. 79 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 26 DC 1 - DIRECT CONTROL ROUNDHOUSE HISTORICAL DISTRICT (BYLAW 987-2017) PURPOSE The purpose and intent of this district is to provide for uses which will complement and accommodate adaptive reuse of the Provincially-Designated Heritage site, which includes all structures, facilities as well as the land. PERMITTED USES None DISCRETIONARY USES Temporary Assembly MINIMUM REQUIREMENTS For the purposes of this Bylaw, the boundaries and description of the lands shall be more or less as identified on Schedule "A", attached hereto and forming part of this district. Minimum side yard: i. 3.0 m (10 ft.). ii. Accessory Buildings shall be sited in accordance with the direction of Council. Minimum rear yard: i. 6.0 m (20 ft.) or as required by Council. ii. Accessory Buildings shall be sited in accordance with the direction of Council. Minimum parking: i. Parking and loading facilities will be in accordance with the direction provided by Council as site redevelopment evolves and intensifies. DEVELOPMENT AUTHORITY Town Council is the Approving Authority for all uses and development in this district. In exercising its' powers, Council, as the Approving Authority shall have due consideration for the policy direction contained in the Municipal Development Plan. 80 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 PROVINCIAL HERITAGE DESIGNATION The Hanna Roundhouse is a designated Provincial Historic Resource. The Town of Hanna, in consultation with Provincial Authorities, will reference the Standards and Guidelines for the Conservation of Historic Places in Canada relative to continued restoration and rehabilitation of the structure/grounds. Council working with other authorities, will review development proposals to ensure the site is conserved, without compromising the functional and practical objectives of safe development throughout the community. Schedule "A" 81 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Part F - Definitions 27 DEFINITIONS The following definitions pertain to terms and uses within the Land Use Bylaw. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 82 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 A [ Click to Return to Definitions Index ] abut or abutting means immediately contiguous to, or physically touching, and when used with respect to a lot or a parcel, means that the lot or parcel physically touches another lot, parcel, or development, and shares a property line with it. Accessory Building means a use where a building or structure accommodates a use which is related to, but is incidental or subordinate to, the use of the principal building located on the same parcel. This includes buildings or structures such as sheds, carports, detached garages and greenhouses. Accessory Building, Fabric Covered means a use where a structure accommodates a use which is related to, but is incidental or subordinate to, the use of the principal building located on the same parcel. An Accessory Building, Fabric Covered is designed by virtue of easy assembly and dismantling, commercially constructed of metal or synthetic tube and fabric, plastic or similar materials, and covered with waterproof sheeting, synthetic sheeting or plastic film. Accessory Building, Shipping Container means a use where a shipping container accommodates an accessory use which is related to, but is incidental or subordinate to, the principal use of the parcel. Accessory Dwelling Unit means a self-contained Dwelling Unit that is subordinate to and under one Title with a Detached Dwelling. Accessory Dwelling Unit, Attached means a use where an Accessory Dwelling Unit is located within or attached to a Detached Dwelling. Accessory Dwelling Unit, Detached means a use where an Accessory Dwelling Unit is located on the same parcel as, but within a separate building, a Detached Dwelling. accessory use means a use which is related to, but is subordinate or incidental to the principal use located on the same parcel. Act means the Municipal Government Act, Revised Statues of Alberta 2000, Ch. M-26, as amended, and any parallel or successor legislation. adjacent means land that is contiguous to a parcel of land and includes land that would be contiguous if not for a highway, road, river, stream, or railway. Adult Entertainment Facility means a use where: (a) live performances, motion pictures or any type of electronic or photographic reproductions, the main feature of which is the nudity or partial nudity of any person, are performed, shown, rented or sold; (b) inventory is sold for retail or wholesale where the main feature of the inventory is merchandise and/or products intended to be used for sexual pleasure; or (c) an adult-only massage service establishment which is distinguished or characterized by its emphasis on sexually 83 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 oriented materials or entertainment depicting and/or describing acts of a sexually explicit nature. Agricultural Supply Depot means a use where goods, materials or services that support agricultural activities are provided, whether retail, wholesale or in bulk. This includes such goods and services as sale and storage of seeds, feeds, fertilizers, chemical products, fuels, and lubricants but does not include the buying or selling of farm produce or animals. Airport and Registered Aerodrome means a use intended for the arrival and departure or servicing of aircraft and includes any building, installation, or equipment associated with the use and which has been registered with or certified by Transport Canada. Airstrip - Private means a use intended for the arrival and departure or servicing of aircraft and includes any building, installation, or equipment associated with the use, and which is not registered or certified by Transport Canada. amenity area means an indoor or outdoor space provided for the active or passive recreation and enjoyment of the occupants of a development, which may be for private or communal use and owned individually or in common. Amusement Centre means a use where entertainment is provided to customers for a fee, which may include, but is not limited to facilities such as bowling alleys, theaters, axe throwing, golf simulator or mini golf, go-cart courses, and billiard parlours. Appeal Body means the board hearing a subdivision or development permit appeal in accordance with the Act. Apartment means a use where a building designed for residential use contains five (5) or more Dwelling Units with a shared or common entrance. Artist Studio means a use: (a) where art is produced by individuals; (b) that may include the instruction of art to individuals or groups; and (c) that may include the sale of art pieces produced by that use. Athletic and Recreational Facility, Indoor means a use for the purpose of providing indoor active recreation or athletic activities where patrons are predominantly participants and any spectators are incidental. This includes but is not limited to gyms, athletic studios, skating and hockey rinks, swimming pools, rifle, archery and pistol ranges, and racquet courts. Athletic and Recreational Facility, Outdoor means a use for the purpose of providing outdoor active recreation or athletic activities. This includes but is not limited to golf courses, driving ranges, sports fields, tennis courts, ice surfaces or rinks, athletic fields, splash parks, bowling greens, and riding stables. Attached Housing means a use where a building designed for residential use consists of three (3) or more Dwelling Units, each of which has an individual entrance to the outdoors. This includes rowhouses, townhouses, triplexes and fourplexes. 84 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Auction Facility means a use intended for the auctioneering of livestock, goods, equipment and may include temporary storage of such goods and holding of the livestock. This does not include on-site slaughtering such as an abattoir or one-time on-site estate auction sales. Auction Facility - No Livestock means a use intended for the auctioneering of goods and equipment and may include temporary storage of such goods. This does not include the auctioneering or holding of livestock. Auto Body Shop means a use where the bodies, but not other parts, of motor vehicles are repaired and painted. Automotive Repair and Service means a use for the servicing and repair of motor vehicles within a building, excluding an Auto Body Shop. Automotive Sales means a use where motor vehicles are sold or leased and stored on portions of the parcel approved exclusively for storage or display, and may have buildings for administrative functions associated with the use. average grade means the average elevation at the mid-point along the front parcel line and the finished ground elevation at the rear of the building. (Refer to building height.) B [ Click to Return to Definitions Index ] balcony means a projecting platform on a building, which is greater than 0.61 m (2.0 ft) above grade. A balcony is only accessible from within the building and is enclosed by a railing. It may be cantilevered from the building or supported from below. basement means that portion of a building between two floor levels which is partly underground but which has a portion of its height from finished floor to finished ceiling above the adjacent finished grade. bay window means a type of window that protrudes outwards from a wall. Bed and Breakfast means a use where temporary sleeping accommodation, with or without meals, is provided to guests within a principal Dwelling Unit, and where the Dwelling Unit is occupied by the owner or operator. boulevard means that portion of a road which is public land and is often landscaped or planted to distinguish private lands from the road. buffer means a row of trees, shrubs, earth berm, or fencing to provide visual screening and separation between parcels and districts. building means anything constructed or placed on, in, over or under land that does not include a highway or road. building height means the vertical distance measured from the average grade and the highest point of a building, excluding a roof, stairway entrance, elevator shaft, ventilating fan , skylight, steeple, chimney, smoke stack, fire wall or parapet, flagpole, or similar devices not structurally essential to the building. 85 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 building permit means a permit or document issued in writing by a designated Safety Code Officer within the building discipline pursuant to the Safety Codes Act authorizing the commencement of a use, occupancy, relocation, construction, or demolition of any building. Building Supply Center means a use where building materials, household accessories and other related goods are stored, offered, or kept for sale and may include outdoor storage. Bulk Fuel Station means a use for the purpose of storing fuel for the distribution to customers typically for vehicles with a gross vehicle weight (GVW) greater than 4536 kg (10,000 lbs). This does not include a Gas Bar and Service Station. business licence means a document issued by the Town of Hanna which grants the business owner the right to operate the business. C [ Click to Return to Definitions Index ] Campground means a use for the purpose of providing temporary accommodation for the public in recreational vehicles or tents. A campground is not construed to mean a use for the purpose of accommodating long-term or permanent occupancy in recreational vehicles or Manufactured Dwellings. A campground may include facilities such as an administration building and laundry facilities. 86 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Cannabis Production Facility means a use where Cannabis is for grown, produced, tested, destroyed, stored or distributed in a federally approved and licensed facility. This does not include Cannabis Retail Sales. Cannabis Retail Sales means a use where Cannabis is sold for consumption off the premises and may include the retail sale or rental of merchandise. Cannabis Retail Sales offers cannabis for sale from a federally approved and licenced facility and has been licenced to operate by the Alberta Government. canopy means a non-retractable solid projection extending from the wall of a building intended to be used as a protection against weather, other than normal architectural features such as lintels, sills, mounding, architraves and pediments, but includes a marquee. cantilever means a projection from the wall of a building to increase the useable gross floor area. A cantilever does not have external bracing. Car Wash means a use intended for the washing, cleaning, or polishing of motor vehicles. Care Facility means a use where a public or private facility provides for the care, supervision or rehabilitation of individuals, or for palliative and end-of-life- care, containing overnight accommodation and operated in accordance with any relevant legislation or regulations of the Province of Alberta. Units within a Care Facility may, at the discretion of the Development Authority, be considered both long-term care units or Dwelling Units as these may be for permanent residences for the occupants. Cemetery means a use for the internment of the deceased or in which human bodies, pets and/or animals or cremated remains have been buried. It may include facilities such as a columbarium, mausoleum, memorial park and burial grounds. Child Care Centre means a use where children are supervised and cared for, and may include group day care, family daycare, nursing school, child minding, out of school care, or specialized daycare. This does not include a dayhome. Clinic means a use where public or private medical, surgical, physiotherapeutic or other professional healing treatment is provided, and includes offices for medical, dentistry, physiotherapy, massage or chiropractic services and Community Health Centres. condominium means a condominium plan registered with the Land Titles Office that complies with the requirements of the Condominium Property Act. Confined Feeding Operation means a use where livestock is confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and requires registration or approval under the conditions set forth in the Agricultural Operations Practices Act through the Natural Resources Conservation Board. construction management plan means a plan that considers all relevant aspects of demolition, development and building work and outlines methods for avoidance and mitigation of identified impacts. A construction management plan 87 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 typically addresses issues such as public safety, traffic control, operating hours, control of noise and vibration, air quality and dust management, stormwater and sediment control, site contamination, waste disposal and materials re-use or recycling and weed control. Contractor Services means a use for the provision of contractor services in the building trades and services and the accessory sale of goods normally associate with such contractor services, or road and utility construction where materials and equipment may not be stored within a building and includes outdoor storage. Convenience Store means a use where a limited range of household goods and groceries are stocked and sold in small neighbourhood retail stores. This does not include Cannabis Retail Sales. corner lot means a lot situated at the intersection of two or more roads, or at the intersection of two parts of the same road which parts have an intersection of not more than 135 degrees. corner visibility setback means a triangular area formed on a corner lot by the two curb lines and a straight line which intersects them 7.5 m (24.6 ft) from the corner where they meet. In the case where there is no curb on one or more roads, 6.0 m (19.7 ft) from the corner where they meet. Council means the duly elected Council of the Town of Hanna. Cultural Establishment means a use which is available to the public for the purpose of assembly, instruction, cultural or community activity and includes such things as a library, museum, art gallery, community centre and similar activities. D [ Click to Return to Definitions Index ] day home means a type of Home Occupation - Major where temporary care, development and supervision is provided within a Dwelling Unit for 88 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 periods not exceeding 24 consecutive hours to a maximum of six (6) children under the age of 13 years, not including children under the age of 13 years who permanently reside in the home. deck means a flat, floored concrete or wooden platform, elevated more than 0.61 m (2.0 ft) above grade and usually adjoining a building. density means a measure of development intensity expressed as a ratio of the number of Dwelling Units to parcel area. 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 in, on or under land of any of them; or (c) a change of use of land or a building, or an act done in relation to land or a building that results or is likely to result in a change in the land or the building; or (d) a change in the intensity of use of land or building that results in or is likely to result in a change in the intensity of use of the land or building. Development Authority means a person, or persons, appointed as the Development Authority by Bylaw. Development Officer means the person designated by Bylaw as a Development Officer pursuant to this Land Use Bylaw. development permit means a document authorizing a development, issued by the Development Authority pursuant to this Bylaw, and includes the plans and conditions of approval. discretionary use means the use of land or of a building which is listed as such a use in a Land Use District or a Direct Control District. Drinking Establishment means a use: (a) where the primary function is the servicing of alcoholic beverages for consumption on the premises and is licensed by Alberta Gaming, Liquor and Cannabis. Typical businesses include taverns, pubs, bars and nightclubs; and (b) may include supplementary preparation and sale of food for consumption on the premises. drive through means a business that is designed to include sales or service to an occupant within a motorized vehicle which may include Eating and Drinking Establishments, Financial Institutions, Car Washes, Gas Bars and Service Stations. Dwelling, Detached means a use where a building designed for residential use contains one principal Dwelling Unit. 89 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Dwelling, Duplex means a use where a building designed for residential use contains two Dwelling Units, each having a separate entrance from the outside and may be located one above the other or side-by-side. Dwelling, Manufactured means a use where a transportable, single or multiple section building that contains a Dwelling Unit conforming to CSA standards at the time of construction and when placed on a permanent foundation is ready for residential use and occupancy. A Manufactured Dwelling includes such styles known as modular homes, manufactured homes and Ready to Move (RTM) homes. Dwelling Unit means a use where a building or a self-contained portion of a building contains sleeping, cooking and toilet facilities for the residential use of one or more people. E [ Click to Return to Definitions Index ] easement means a right to the limited use of land held by another, generally for access to another parcel or as a right-of-way for a utility and is registered on the parcel with the Land Titles Office in accordance with the Land Titles Act. eave means the edges of the roof that overhang past the walls of a building that primarily function to protect a building from rain and to provide ventilation. Eating and Drinking Establishment means a use where food and beverages are prepared and served and includes supplementary alcoholic beverage service licensed by the Alberta Gaming and Liquor Commission. This includes restaurants, cafes, and cafeterias, and may include a drive though. Educational Institution means a use where persons are assembled for educational purposes within buildings and structures, including classrooms, libraries, offices, recreational facilities and other related facilities, and where dormitory accommodations and common kitchen and dining facilities may also be provided. electric vehicle charging station means equipment that supplies electrical power for charging plug-in vehicles. Equestrian Centre means a use intended for the accommodation, showing and competition of horses and may include a stable, gymkhana course, racetrack, and other related facilities. Equipment Rental Shop means a use for the rental of tools, appliances, office machines, light construction equipment or similar items but not the rental of motor vehicles. Exhibition Grounds means a use where land or buildings accommodate temporary events including seasonal shows, conventions, conferences, seminars, product displays or sale of goods, recreation activities, and entertainment functions. This use may include accessory functions including food and beverage preparation and service for on-premise consumption. 90 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 existing means existing as of the effective date of this Bylaw. Extensive Agriculture means a use where systems of tillage and animal husbandry through which one may gain livelihood from large areas of land by the raising of crops or the rearing of livestock either separately or in conjunction with one another in unified operations and includes Accessory Buildings and other structures incidental to the operation. This does not include Confined Feeding Operations, residential uses or a Cannabis Production Facility. F [ Click to Return to Definitions Index ] Farm Animals means a use where livestock are kept on a parcel. fence means a vertical physical barrier constructed out of typical building material to prevent visual or unauthorized access, or both. Financial Institution means a use where banks, credit unions, trust companies and treasury branches operate within a building and may include automated banking machines and/or a drive through. This does not include businesses such as a pawn shop. fire wall means a type of fire separation of non-combustible construction which internally divides a building or separates adjoining buildings to resist the spread of fire and which has a fire resistance rating. floor area means the area of a building or specified portion of a building, measured to the outside surface of the exterior walls, or where buildings are separated by fire walls, to the centre line of the common fire walls, and excludes all mechanical equipment areas and all open areas inside a building that do not contain a floor including atriums, elevator shafts, stairwells and similar areas. Food Processing, Storage and Sales means a use where raw farm products, combined with other consumable ingredients, produce marketable products for consumption that can be easily prepared and served by the consumer, and where raw farm products may be warehoused prior to being sold either directly to consumers or for wholesale, and the selling of raw farm products either directly to consumers or for wholesale. frontage means a property line of a parcel which abuts a highway or road. Funeral Home means a use where funerals are arranged and held, where the deceased are prepared for burial or cremation, and where not more than one cremation chamber is provided. G [ Click to Return to Definitions Index ] Gas Bar and Service Station means a use where fuel, lubricating oils and minor accessories for motor vehicles are sold and may include a portion of the premises for the servicing and minor repairing of motor vehicles. grade means the geodetic elevation of the existing ground in an undisturbed natural state or an approved design grade as described in a grading plan. 91 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Gravel and Sand Excavation and Storage means a use where aggregate materials are excavated and/or stockpiled. Greenhouse means a use which is devoted to the commercial cultivation of vegetables, flowers or other plants within a building, and where such vegetables or plants may be sold wholesale or directly to the consumer. gross floor area means the sum of the areas of all above grade floors of a building measured to the outside surface of the exterior walls, or where buildings are separated by fire walls, to the centre line of the common fire walls, and includes all mechanical equipment areas and all open areas inside a building that do not contain a floor including atriums, elevator shafts, stairwells and similar areas. For greater clarity, a walk-out basement is not included in the calculation of gross floor area, but Dwelling units in the basement of an Apartment shall be included in the calculation of gross floor area. H [ Click to Return to Definitions Index ] Heavy Equipment Sales and Service means a use where farm and heavy industrial equipment is sold, rented and serviced. highway means a road designated and classified as a provincial highway by the Province of Alberta. Home Occupation means an occupation, trade, profession, or craft operated by an occupant of a Dwelling Unit as an accessory use to the principal residential use of the building pursuant to this Bylaw. Home Occupation - Minor means a use where a Home Occupation is operated which allows for limited customer visits and deliveries, but does not impact surrounding residential uses beyond that of a typical Dwelling Unit. Home Occupation - Major means a use where a Home Occupation is operated which may be detectable outside of the Dwelling Unit but does not negatively impact the general residential nature of the neighbourhood. Hospital means a use where in-patient and out-patient health care is provided to the public. Hotel/Motel means a use where temporary or short-term sleeping accommodations are provided in rooms or suites, which may contain kitchen facilities. This definition includes hotels, motels, hostels and similar overnight accommodations. This may include additional facilities or services such as Eating and Drinking Establishments, meeting or banquet rooms, Personal Service Establishments, a manager's suite and convention facilities. I [ Click to Return to Definitions Index ] J [ Click to Return to Definitions Index ] 92 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 K [ Click to Return to Definitions Index ] Kennel means a use where dogs or cats or other domestic pets may be maintained, boarded, bred or trained and may include the incidental sale of products related to the services provided, but does not include a Veterinary Clinic. L [ Click to Return to Definitions Index ] landing means a platform that primarily functions as an entrance into a building. Landings are a separate building element to balconies, decks and patios as they are not intended to provide or function as an amenity area. landscaped area means that portion of a parcel which is required to be landscaped pursuant to district regulations or conditions of approval of a development permit. landscaping means the modification and enhancement of a parcel or a portion of a parcel through the use of any combination of trees, bushes, shrubs, plants, flowers, lawns, bark mulch or other ground cover, and hard landscaping materials such as brick, stone, concrete tile or wood, but excludes all areas used for a parking area or driveway. lane means a public thoroughfare usually less than 10.0 m (32.8 ft) wide typically providing secondary access to one or more parcels. For the purpose of this Bylaw, a lane is not a road. Laundry Facility means a use where clothes and other fabric goods are cleaned or pressed. This includes businesses such as a laundromat and dry cleaners. Liquor Store means a use where alcoholic beverages are sold for off-site consumption from a retail store licensed by the Alberta Gaming and Liquor Commission. loading stall means a space for parking a vehicle while it is being loaded or unloaded. lot means a lot as defined in the Act. M [ Click to Return to Definitions Index ] Manufactured Dwelling Park means a use where a parcel of land under one Title has sites for the placement of Dwellings, Manufactured for permanent residential use. A Manufactured Dwelling Park may also include Accessory Buildings and accessory uses such as maintenance buildings, amenity areas and common facilities. Manufacturing, Heavy means a use where goods or products are fabricated, processed, assembled, or packaged for distribution, where all or part of the processes associated with the use are located outside of a building, and which may generate a nuisance beyond the boundary of the parcel. Heavy Manufacturing does not include a Cannabis Production Facility. Manufacturing, Light means a use where goods or products are fabricated, processed, assembled, or packaged for distribution, where all of the processes associated with the use are located inside of a building, and which does not generate any nuisance beyond the boundary of the parcel. Light Manufacturing does not include a Cannabis Production Facility. 93 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 multi unit residential means a building that contains three (3) or more Dwelling Units and includes Attached Housing and Apartments. Municipal Planning Commission (MPC) means the Municipal Planning Commission established by Bylaw pursuant to the Act. Municipality means the Town of Hanna. N [ Click to Return to Definitions Index ] non-conforming building means a building that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw affecting the building or the land on which the building is situated becomes effective and that on the date the Land Use Bylaw becomes effective does not, or when fully constructed will not, comply with the Land Use Bylaw. non-conforming use means a lawful, specific use 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 that on the date the Land Use Bylaw becomes effective does not, or in the case of a building under construction will not, comply with the Land Use Bylaw. O [ Click to Return to Definitions Index ] Office means a use for the provision of professional, management, administrative, and consulting services. This does not include a Clinic. outdoor storage means the storing, stockpiling, or accumulation of goods, equipment or materials in an area that is open or exposed to the natural elements, and includes vehicles, recreational vehicles and boats, waste materials, debris or garbage. P [ Click to Return to Definitions Index ] parcel means the aggregate of the one or more lots described in a Certificate of Title or described in a Certificate of Title by reference to a plan file or registered in a Land Titles Office. parcel area means the total area of land within the parcel. parcel coverage means the percentage of the parcel area covered by the area of all buildings including Accessory Buildings, and excludes balconies, bay windows, canopies, shade projections, cornices, eaves and gutters, roof overhangs, fire escapes, sills, stairways and landings, patios and decks or similar projections. parcel line, exterior side means a property line, other than the front parcel line, which abuts a road. parcel line, front means the shortest property line that abuts a road, unless otherwise determined by the Development Authority in accordance with this Bylaw. parcel line, interior side means a property line other than a front parcel line or rear parcel line, which abuts another parcel or a lane. 94 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 parcel line, rear means the property line which is opposite to and is not connected to the front parcel line, excepting in the case for a reverse corner lot where the rear parcel line is opposite to the exterior side parcel line. parcel width means the average horizontal distance between two side parcel lines. Park means a use where land is designated or reserved for active or passive recreation, or to be left in a natural state, and/or areas of cultural or scenic value. This may include facilities such as playgrounds, picnic grounds, pathways and trails, landscaped buffers, gardens and fields. parking area means an open area of land, above or underground, other than a road, used for the parking of vehicles and shall include parking stalls, vehicle entrances and exits, and maneuvering aisles. Parking Lot means a use where the primary purpose of the land is for the parking of motor vehicles at grade, or in a parking structure which may be above or below grade. parking, off-street means a parking area located on the same parcel as the building, structure, or use. parking stall means a space within a building or parking area, for the parking of one vehicle, excluding driveways, aisles, and ramps. parking stall, visitor means a parking stall intended only for the use of visitors to Dwelling Units. patio means a platform, the height of which may be up to but does not exceed 0.61 m (2.0 ft) from grade, that may or may not be attached to a building. permitted use means the use of land or a building which is listed as such use in a Land Use District or Direct Control District. Personal Service Establishment means a use where personal services are provided to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects. This includes but is not limited to such businesses as barber shops, hair and/or beauty salons, and tailors. Pet Care Services means a use where domestic pets are cleaned, groomed and cared for, where no boarding or kenneling of any animals occurs, and may include the incidental sale of products related to the services provided. This does not include a Kennel or Veterinary Clinic. principal means the main purpose for which a building or parcel is used. Print Shop means a use where retail photocopying and/or commercial printing service, or industrial printing and publishing services, are provided. property line means the legal boundary of a parcel or lot. Public Building means a use where facilities or buildings that are owned or operated by, or for, the Municipality, the Provincial Government, the Federal Government or a corporation under federal or provincial statute, for the purpose of furnishing services or commodities to, or for the use of, the inhabitants of the municipality. 95 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Q [ Click to Return to Definitions Index ] qualified professional means individuals with experience and training in a particular discipline with a recognized degree, certification, license or registration. R [ Click to Return to Definitions Index ] recreational vehicle means a portable structure designed and built to be carried on a vehicle, or a unit designed and built to be transported on its own wheels, to provide temporary living accommodation for travel and recreational purpose and includes, but is not limited to, such vehicles as a motor home, camper, holiday (travel) trailer and a tent trailer, but does not include a Dwelling, Manufactured. Recycling Depot means a use where recyclable materials are collected, sorted and transferred off-site for processing or manufacturing. Regulation means the Matters Related to Subdivision and Development Regulation AR84/2022, as amended, and any parallel or successor legislation. Renewable Energy System, Attached means a use whereby a system that produces electrical power or heat to be used for on-site consumption or heating requirements by means such as, but not limited to, active and passive solar collectors attached to a building, geothermal energy or heat exchange systems. A Renewable Energy System, Attached may provide residual power to the grid but is not intended to produce power primarily for resale. This does not include any system whereby energy is collected using wind energy. Renewable Energy System, Freestanding means a use whereby a system that produces electrical power to be used for on-site consumption by means of freestanding solar collectors. A Renewable Energy System, Freestanding may provide residual power to the grid but is not intended to produce power primarily for resale. This does not include any system whereby energy is collected using wind energy. residential use means the use of a parcel for the purpose of a residence by a person or persons and does not include use of the property for commercial purposes. A residential use is one where the occupants have exclusive use for an indefinite amount of time except in accordance with a tenancy agreement under the Residential Tenancies Act or the Mobile Homes Site Tenancies Act. Retail Store means a use where the primary function is for the sale of finished products or goods to customers, and also includes rental services. This does not include a Building Supply Centre, Cannabis Retail Sales, a Convenience Store, a Liquor Store or Wholesale Outlet. reverse corner lot means a residential corner lot where the front façade of the Dwelling Unit is oriented towards the longest property line which abuts a road and is considered the front parcel line. The exterior side parcel line of a reverse corner lot is the shorter property line which abuts a road. Road means any public road, including the boulevards, sidewalks and improvements, but excluding a lane, highway or private road. 96 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 S [ Click to Return to Definitions Index ] screening means a fence, earth berm, or hedge used to visually separate between parcels, districts or uses. Self-Storage Facility means a use: (a) where goods are stored in a building; (b) where the building is made up of separate compartments and each compartment has separate access; (c) that may be available to the general public for the storage of personal items; (d) that may include the administrative functions associated with the use; and (e) that may incorporate custodial quarters for the custodian of the facility. setback means the minimum distance as required by the district between a building, structure, or use, or from each of the respective property lines, or from a natural boundary or other reference line. shade projection means a structure that is attached to and projects from a building with the intent of providing shade or cover, and may include a canopy, awning, shade louvre, or pergola. shipping container means a large metal container with suitable strength for the shipping, storage and handling of goods. Shipping containers are also commonly known as sea cans or intermodal containers. Solar Power Plant means a use where a utility-scale commercial facility converts sunlight into electricity by photovoltaics, concentrating solar thermal devices or other similar solar technologies for the purpose of wholesale or retail sales of generated electricity. Storage Yard means a use: (a) where goods, motor vehicles or equipment are stored when they are not being used and may include long term storage; (b) where the vehicles and equipment stored may also be serviced, cleaned or repaired; (c) that may involve the storage of construction materials; (d) that may include the storage of derelict vehicles or derelict equipment; (e) that does not involve the production or sale of goods as part of the use; and (f) that may have a building for the administrative functions associated with the use. storey means the space between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of the floor and the ceiling above it. 97 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 storey, first means the storey with its floor closest to grade and having its ceiling more than 1.8 m (5.9 ft) above grade. structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, but does not include a fence or a Sign. subdivision means the division of a parcel by an instrument and the word "subdivide" has corresponding meaning. Subdivision Authority means a person or body appointed as a Subdivision Authority in accordance with the Act. T [ Click to Return to Definitions Index ] Telecommunication Structure means a device that requires a permit from the Federal Government and is used to receive and/or to transmit radio-frequency (RF) signals, microwave signals, or other communications energy transmitted from, or to be received by, other antennas. Telecommunication Structures include the antenna, and may include a supporting tower, mast or other supporting structure, and an equipment shelter. A Telecommunication Structure may be freestanding or mounted on an existing building or structure. temporary means a limited period of time as decided by the Development Authority. Temporary Assembly means a use where people gather for ceremonies, religious services or social events. Even on a temporary or occasional basis, any structures on the subject property must meet minimum Safety Code standards for occupancy and must adhere to all Provincial legislation. Truck and Freight Terminal means a use where goods/freight are received, transferred, stored short- term, and dispatched for transport by truck. U [ Click to Return to Definitions Index ] use means a permitted use or discretionary use. Utility means a use where a system or works are provided for treatment, storage or distribution of one or more of the following: (a) waterworks; (b) sewage disposal; (c) public transportation; (d) irrigation; (e) drainage; (f) fuel; (g) electric power; (h) heat; (i) waste management (excluding a Waste Transfer Station); and 98 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 (j) communications (excluding a Telecommunication Structure). V [ Click to Return to Definitions Index ] vehicle, derelict means any vehicle no longer in road worthy condition, in a state of disrepair, wrecked or being dismantled but does not include vehicles stored in buildings, commercial or farm vehicles or vehicles used for commercial or industrial purposes on land designated for commercial or industrial use in this Bylaw. Veterinary Clinic means a use for the medical treatment of animals and includes provision for their overnight accommodation within the building only, and may include associated office space. This does not include Pet Care Services or Kennels. violation tag means a tag or similar document issued by the municipality pursuant to the Act. violation ticket means a ticket issued pursuant to Part II of the Provincial Offences and Procedures Act and regulations enacted thereunder. W [ Click to Return to Definitions Index ] Warehousing and Distribution means a use where goods are stored inside a building and transferred to and from other locations. Warehousing and Distribution does not include any manufacturing, display or sales of the goods, but may include associated administrative functions. Waste Transfer Station means a use where solid waste materials are received from collection vehicles and consolidated into larger vehicles for transport to the landfill. Wholesale Outlet means a use where goods are sold for retail in larger quantities to other retailers or direct to consumers. Work Camp means a use where temporary living accommodation for employees involved in the construction of a commercial or industrial development is provided in a camp. This may include accommodation in the form of mobile homes, trailers, tent trailers or tents. Worship Facility means a use for the purpose of spiritual worship. Examples may be, but are not limited to, churches, temples, mosques and synagogues. Wrecker and Salvage means a use: (a) where derelict vehicles are stored, dismantled or crushed; (b) where used motor vehicle parts may be sold; (c) where motor vehicles in their complete and operable state are not displayed or sold; (d) that may have equipment used for crushing, dismantling or moving motor vehicle parts; and (e) that may have a building for administrative functions associated with the use. X [ Click to Return to Definitions Index ] 99 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Y [ Click to Return to Definitions Index ] yard means any open space on a parcel, unoccupied and unobstructed and is the distance between the property line to the foundation of the principal building or the exterior finishing materials of an Accessory Building. yard, exterior side means the area of a parcel extending from the front foundation of the principal building to the rear foundation of the principal building and between the side foundation of the principal building to the exterior side parcel line. yard, front means the area of a parcel extending across the full width of the parcel between the front parcel line and the front foundation of the principal building. yard, interior side means the area of a parcel extending from the front foundation of the principal building to the rear foundation of the principal building and between the side foundation of the principal building to the interior side parcel line. yard, rear means the area of a parcel extending across the full width of the parcel between the rear parcel line and the rear foundation of the principal building Z [ Click to Return to Definitions Index ] All other words and phrases mean the same as they do in the Act. 102 | P a g e Town of Hanna - Land Use Bylaw 1032-2023 Part G - Land Use District Map 28 LAND USE DISTRICT MAP 103 | P a g e Town of Hanna - Land Use Bylaw 1032-2023