This is the exact embedded text of the captured official document.
Snapshot c7a56cd4473b · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF HARDISTY LAND USE BYLAW
BYLAW 1284-25
ADOPTED AUGUST 12, 2025
PAGE | i
Town of Hardisty Land Use Bylaw | A User's Guide
The Land Use Bylaw establishes the regulations for how land can be developed within the Town of Hardisty. Regulations
vary depending on the location and types of development. Development permits provide municipal approval for the use
of land, as well as the size and location of any buildings or structures. Other Bylaws or regulations of the Town, Province
or Federal Government must also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how the Bylaw should be
interpreted. First, the Land Use Bylaw maps divide the Town into various Land Use Districts. Second, the text of the Land
Use Bylaw details the uses that are allowed in each District. Third, the text provides additional regulations that apply to
certain uses and/or within the Districts.
The following steps may assist the user:
1. Locate the subject property on the Land Use District maps in PART K. These maps divide the Town into various
Land Use Districts. Each land use district has a name such as "Low Density Residential (R1) District" or "General
Commercial (C2) District". Take note of which Land Use District the subject property is located in. Also note if the
subject property is affected by an Area Structure Plan which may modify some of the uses and regulations that
apply to the property or impose additional regulations.
PLEASE NOTE: Land Use Districts are commonly referred to as Zones or Zoning. In order to conform to the language
of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, this document uses the terms District and
Districting.
2. Check the table of contents and locate the Land Use District you are interested in. All of the Land Use Districts are
listed in PART J. In each Land Use District you will find a list of permitted and discretionary uses, subdivision
regulations, development regulations and other miscellaneous regulations. These uses and regulations identify
how and what can be developed in any given Land Use District. There are definitions in PART B that should also
be consulted to ensure that words and terms used in the Land Use Bylaw are understood.
3. Review the table of contents to see if there are any general regulations that apply to the use or situation in
question. For example, PART H contains general regulations about matters such as Vehicle Access and Egress, Site
Grading and Drainage, Fences and Screening, and PART I contains special regulations about specific uses such as
Manufactured Dwellings, Home Occupations, Suites, and Gas Bar and Service Stations.
4. Discuss your proposal/concern with Planning and Development staff. Town staff are well trained and eager to
assist you with your development/subdivision or general inquiry and to explain procedures. They can also assist
with other situations such as enforcement or how to apply for a Land Use Bylaw amendment.
PLEASE NOTE: This page is intended only to assist users and does not form part of the Town of Hardisty Land Use Bylaw.
PAGE | ii
SCHEDULE "A"
Table of Contents
PART A | GENERAL ADMINISTRATION
1
PART B | INTERPRETATION
2
PART C | ADMINISTRATIVE AGENCIES
22
PART D | DEVELOPMENT APPLICATION AND APPROVAL PROCESS
25
PART E | DEVELOPMENT APPEAL PROCESS
34
PART F | BYLAW AMENDMENT PROCESS
35
PART G | ENFORCEMENT
36
PART H | GENERAL PROVISIONS
38
PAGE | iii
PART I | SPECIAL USE PROVISIONS
45
PART J | LAND USE DISTRICTS
53
PART K | LAND USE DISTRICT MAP
77
PAGE | iv
Table of Figures
PAGE | 1
PART A | General Administration
GENERAL ADMINISTRATION
TITLE
1.
The title of this Bylaw shall be the Land Use Bylaw of the Town of Hardisty.
PURPOSE
2.
The purpose of this Bylaw is to direct the orderly, economic and beneficial development and use of land in
accordance with the vision of the Town of Hardisty 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 individual for any public interest except to the extent that is for the overall greater public
interest.
APPLICATION
3.
The provisions of this Bylaw apply to all land and buildings within the boundaries of the Town of Hardisty.
CONFORMITY WITH BYLAW
4.
No person shall commence any development unless it is in accordance with the terms and conditions of this Bylaw.
METRIC AND IMPERIAL MEASUREMENTS
5.
Within this Bylaw, both Metric and Imperial measures are normally provided, the Imperial measures within
brackets. However, the Imperial measures are approximate, and are provided only for information, and in order
to provide some comparison for persons who are unfamiliar with Metric measures.
COMPLIANCE WITH OTHER LEGISLATION
6.
Compliance with the requirements of this Bylaw does not exempt a person from:
a. The requirements of any federal, provincial, or municipal legislation; and
b. Complying with any easement, covenant, agreement, or contract affecting the development.
SEVERABILITY PROVISION
7.
It is the intention of the Council that each separate provision of this Bylaw shall be deemed independent of all
other provisions, and it is further the intention of Council that if any provision of this Bylaw be declared invalid,
that provision shall be deemed to be severed and all other provisions of the Bylaw shall remain in force and effect.
EFFECTIVE DATE
8.
This Bylaw comes into effect upon the date of its third reading by Council.
PAGE | 2
PART B | Interpretation
RULES OF INTERPRETATION
1.
Where a word is used in the singular, such a word may also mean plural.
2.
Where a word is used in the present tense, such a word may also mean the future tense.
3.
The word "person" includes a corporation as well as an individual.
4.
Where a masculine or impersonal pronoun or adjective is used, such a work may also mean the feminine or
impersonal pronoun or adjective.
5.
Words, phrases and terms not defined in this Bylaw may be given their definition in the Act or the Safety Codes
Act.
6.
Where a regulation involves two or more conditions or provisions connected by the conjunction "and" means all
the connected items shall apply in combination; "or" indicates that the connected items may apply singly; and
"and/or" indicates the items may apply singly or in combination.
7.
For ease of reference:
a. words that are Capitalized and Bold denote uses defined in Part B.2;
b. words that are italicized and bold denote general terms defined in Part B.2;
c. words that are italicized reference federal or provincial legislation or regulations thereunder; and
d. all other words must be given their plain and ordinary meaning as the context requires.
DEFINITIONS
In this bylaw:
1.
Abattoir means a use where land or buildings accommodate a facility for the slaughtering of animals and the
processing of meat products;
2.
abut or abutting means immediately contiguous or physically touching, and, when used with respect to a lot or
parcel, means that the lot or parcel physically touches upon another lot or parcel, and shares a property line with
it;
3.
Accessory Building means a use where a building or structure that is related to, but is separate and incidental or
subordinate to, the principal use or building located on the same parcel. This includes buildings or structures such
as sheds, garages, carports, pergolas, gazebos, greenhouses, shipping containers, fabric covered structures,
swimming pools and hot tubs, and similar buildings or structures;
4.
accessory use means a use that is customarily incidental and subordinate to the principle use or building and is
located on the same parcel;
5.
Act means the Municipal Government Act, R.S.A. 2000, c. M-26, as amended;
6.
adjacent means land that is contiguous to a parcel of land and includes land that would be contiguous if not for a
highway, road, lane, river or stream (See Figure 1);
PAGE | 3
Figure 1: Adjacent Land
7.
Agriculture, Intensive means the use of land or buildings for an agricultural operation in which crops are raised
on a land-intensive basis. Intensive Agriculture includes greenhouses, silviculture and sod farms, but does not
include Confined Feeding Operations, or Cannabis Production and Distribution Facilities;
8.
Agricultural Industry means a use involving the processing, cleaning, packing or storage of agricultural products.
This includes, but is not restricted to, seed cleaning and/or processing plants and grain elevators, but does not
include the manufacture of processed foods from agricultural products or an Abattoir;
9.
Alcohol Retail Sales means a use where an establishment possessing a Class D liquor license for the retail sales of
any and all types of alcoholic beverages to the public for consumption off premises. This use may include, as well
as the sale of alcohol, the retail sales of related products such as soft drinks and snack foods. This does not include
Cannabis Retail Sales;
10.
amenity area means an area which developed for the active or passive recreation and enjoyment of the occupants
of a residential development. Such area may be for either private or communal use and may be under either
individual or common ownership. Amenity areas may include landscaped areas, patios, balconies, lounges,
swimming pools, play areas and similar areas but does not include any area occupied at grade by a building's
service areas or parking areas;
11.
Amusement Establishment, Indoor means a use providing recreational facilities indoors with games played by
patrons for entertainment. This includes billiard parlours, arcades, bowling alleys, axe throwing and golf
simulators;
12.
Amusement Establishment, Outdoor means a use providing recreational facilities outdoors played by patrons for
entertainment. This includes amusement parks, go-cart tracks, and miniature golf courses, but does not include
drive-in motion picture theatres, carnivals or circuses;
13.
Appeal Body means the board hearing a subdivision or development permit appeal in accordance with the Act.
PAGE | 4
14.
Auctioneering Establishment means a use specifically intended for the auctioning of goods and equipment,
including the temporary storage of such goods and equipment. Auctioneering Establishments do not include flea
markets;
15.
Automotive Sales/Rentals means a use where new or used vehicles are sold or rented, together with incidental
maintenance services and sale of parts. This may include refueling and/or washing facilities as an integral part of
the operation;
16.
Auto Wrecker means a use for storing, junking, dismantling or wrecking three (3) or more motor vehicles and
parts thereof and may include subsequent sales of such parts;
17.
balcony means a projecting platform on a building, which is greater than 0.6 m 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;
18.
basement means the portion of a building which is wholly or partially below grade, having above grade no more
than 1.8 m (5.9 ft) of its clear height which lies below the finished level of the floor directly above;
19.
body of water means a body of water as defined in the Act;
20.
building means anything constructed or placed on, in, over, or under land but does not include a highway or road
or a bridge forming part of a highway or road;
21.
building height means the vertical distance measured from the established grade immediately adjacent to the
subject building to the highest point of the building, exclusive of any accessory roof construction such as
mechanical housing, an elevator housing, a ventilating fan, a skylight, a smokestack, a flagpole, a fire wall, a
parapet wall, a chimney, a steeple, an antenna, or a similar device (See Figure 2);
22.
building permit means a permit or document issued in writing by a designated Safety Codes 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;
23.
Bulk Fuel Station means a use for handling petroleum products in bulk quantities and includes supplementary
tanker vehicle storage;
Figure 2: Building Height
PAGE | 5
24.
Business Support Services means a use where support services are provided to businesses and may include the
use of minor mechanical equipment for printing, duplicating, binding or photographic processing; the provision of
office maintenance or custodial services; the provision of office security; or the sale, rental, repair or servicing of
office equipment, furniture and machines;
25.
Campground means a use for the purpose of providing seasonal or short-term accommodation for campers
consisting of stalls or sites which provide, for payment of a fee, a site for the locating of a tent or recreation vehicle
and may include facilities or amenities such as laundry, recreational activities and an administration building;
26.
Cannabis Production and Distribution Facility means a use for one or more of the following activities relating to
cannabis production in a federally approved and licensed facility:
a. The production, cultivation, and growth of cannabis;
b. The processing of raw materials;
c. The making, testing, manufacturing, assembling, or in any way altering the chemical or physical properties
of semi-finished or finished cannabis goods or products;
d. The storage of materials, goods, or products; or
e. The distribution and sales of materials, goods, and products to Cannabis Retail Sales establishments.
27.
Cannabis Retail Sales means a use for the retail sales of cannabis that is authorized by provincial or federal
legislation. This may include the sale of cannabis accessories but does not include on-site consumption;
28.
canopy means a non-retractable projection extending from the outside wall of a building normally for the purpose
of shielding a part of the building from the sun;
29.
Car Wash means a use intended for the cleaning of motor vehicles;
30.
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.
31.
Cemetery means a use for the entombment of the deceased, which may include a crematorium, columbarium
mausoleum, memorial parks, burial grounds, chapels and gardens of remembrance;
32.
Child Care Facility means a use where children are supervised and cared for and may include group day care,
family day care, nurseries, child minding, out of school care, or specialized day care. This does not include a
dayhome;
33.
Conceptual Plan means a detailed land use plan for an area that provides a framework for subsequent subdivision
and development of that land, and is otherwise equivalent to a "Conceptual Scheme" pursuant to Part 17 of the
Act;
34.
condominium means a condominium plan registered with the Land Titles Office under the Condominium Property
Act, R.S.A. 2000, c. C-22, as amended, which allows for the division of a parcel into units and common elements,
and the provision of an administrative framework through a condominium corporation which enables owners to
manage the property;
35.
condominium, bareland means housing units administered under the Condominium Property Act, R.S.A. 2000, c.
C-22, as amended, which allows for the division of a parcel of land into units and common property, and where
"joint control" is applied to a parcel of land (as distinct from a building) in which there are a number of individually
owned units with the joint control being applied to the entire parcel of land owned by those owning a "unit".
Condominium title is conferred upon those owning individual units with the Condominium Association being
responsible for the common property;
PAGE | 6
36.
Confined Feeding Operation means a use as defined in the Agricultural Operation Practices Act, R.S.A. 2000, c. A-
7, as amended, as a Confined Feeding Operation;
37.
Contractor Service, Limited means a use where electrical, plumbing, heating, painting and similar contractor
services are provided, primarily to individual households, and where goods normally associated with the
contractor service may be sold, where all materials are kept within an enclosed building, and there are no
accessory manufacturing activities;
38.
Contractor Service, General means a use for the provision of building construction, landscaping, concrete,
electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a
construction nature which require on-site storage space for materials, construction equipment or vehicles
normally associated with the contractor service. Any sales, display, office or technical support service areas are
an accessory use to the principal use only;
39.
Construction Management Plan means a document outlining building tasks and schedules, with detailed
information on how the construction work itself is to be accomplished. A Construction Management Plan
addresses the impact of the construction project on the area around it, controls to limit noise or vibration,
management of air, dust, stormwater, and sediment and other matters considered necessary by the Development
Authority;
40.
Council means the Council of the Town of Hardisty;
41.
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 facilities;
42.
day home means a type of Home Occupation, Major operated from a Dwelling Unit which provides supervision
for a maximum of six (6) children under the age of thirteen (13), including children that are residents of the
Dwelling Unit;
43.
deck means a platform attached to a building having a height greater than 0.61 m (2.0 ft) above grade. A deck
does not have walls higher than 1.25 m (4.1 ft) from the surface or a roof;
44.
deck, enclosed means a platform attached to a building having a height greater than 0.61 m (2.0 ft) above grade
that has walls higher than 1.25 m (4.1 ft), but does not have a roof;
45.
density means a measure of the number of Dwelling Units per unit of area;
46.
Designated Officer means a position established by bylaw whereby Council has delegated powers, duties, and/or
functions;
47.
development means:
a. An excavation or stockpile and the creation of either of them; or
b. A building or an addition to or replacement or repair of a building and the construction or placing of any
of them in, on, over or under land; or
c. A change of use of land or a building or an act done in relation to land or a building that results in or is
likely to result in a change in the use of the land or building; or
d. A change in the intensity of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the intensity of use of the land or building.
48.
Development Authority means a person or persons appointed as a Development Authority as contemplated by
and in accordance with the Act;
49.
Development Officer means a position established by bylaw whereby Council has delegated powers, duties,
and/or functions;
PAGE | 7
50.
development permit means a document authorizing a development issued pursuant to this Bylaw, and includes
the plans and conditions of approval;
51.
discretionary use means the use of land or a building provided for in this Bylaw for which a development permit
may be issued upon an application having been made;
52.
Drinking Establishment means a use possessing a Class A Minors Prohibited liquor license where the sale and
consumption of liquor on site are open to the public and where alcohol, rather than food, is the predominant item
consumed.
53.
drive-in business means a business which serves customers traveling in motor vehicles driven onto the site where
the customer either remains in the vehicle for service, or parks the vehicle for a short period for the purpose of
doing business at the premises. Drive-in businesses include Gas Bar and Service Station, Eating and Drinking
Establishments, Car Washes, and financial institutions;
54.
driveway means a vehicle access route between the carriageway of a road and a development on a parcel;
55.
Dwelling Unit means a use where a building or a self-contained portion of a building, which contains sleeping,
cooking, living and separated or shared toilet facilities, and is used or intended to be used permanently or semi-
permanently as a residence for one or more people;
56.
Dwelling, Apartment means a use where a building dwelling contains three (3) or more Dwelling Units with a
shared or common entrance (See Figure 3);
57.
Dwelling, Duplex means a use where a building containing two (2) Dwelling Units share a common wall or are
located one above the other, with each Dwelling Unit having a separate entrance. 'Semi-Detached Dwelling' has
the same meaning (See Figure 3);
58.
Dwelling, Manufactured means a use where a transportable, single or multiple section building conforming to
CSA standards at the time of construction that contains a Dwelling Unit and when placed on a permanent
foundation is ready for residential use and occupancy. A Manufactured Dwelling includes such styles known as
manufactured homes and Ready to Move (RTM) Homes. For better clarity, a building is considered a
Manufactured Dwelling where all of the following are met:
a. the building is prefabricated to CSA standards; and
b. its roof pitch is equal to or less than 1:3; and
c. the depth of its eaves is equal to or less than 0.3 m (1.0 ft); and
d. the ratio of its depth versus its width is 3:1 or greater.
59.
Dwelling, Row Housing means a use where a building containing three (3) or more Dwelling Units each have a
separate entrance. This includes townhouses, triplexes and fourplexes and similar multi-dwelling developments.
(See Figure 3);
60.
Dwelling, Single Detached means a use where a building contains one (1) principal Dwelling Unit (See Figure 3).
A Single Detached Dwelling is normally constructed on-site. However, a building is considered a Single Detached
Dwelling where it is constructed in pieces off-site, with the pieces being transported to the site for assembly on-
site if all of the following conditions are met:
a. the building is prefabricated to CSA standards; and
b. its roof pitch is greater than 1:3; and
c. the depth of its eaves are greater than 0.3 m (1.0 ft); and
d. the ratio of its depth versus width is less than 3:1;
PAGE | 8
61.
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.
62.
Eating and Drinking Establishment means a use where food and/or beverages are prepared and offered for sale
to the public, for consumption within the premises, or at an accessory outdoor seating area on the site, or off the
site, where food, rather than alcohol, is the predominant item consumed. Eating and Drinking Establishments
include restaurants, cafes, delicatessens, tea rooms, and refreshment stands;
63.
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;
64.
Educational Facility 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. Educational Facilities
includes schools, colleges and academies and their administrative offices and maintenance facilities;
65.
Entertainment Establishment means a use where persons may be entertained by music or theatre and includes
cinemas;
66.
environmental audit means a comprehensive site analysis to determine if there are any hazardous substances
above, on or below the surface of a parcel that may pose a threat to the environment and/or health of humans,
wildlife and/or vegetation; if there are any breaches of federal, provincial and/or municipal environmental
standards; the level of risk that a contaminated site poses to the environment and/or health of humans, wildlife
and/or vegetation; and what remedial actions may be required to reduce the level of risk posed by a contaminated
site to an acceptable level;
67.
Equipment Rental Establishment means a use where tools, appliances, recreation craft, office machines,
furniture, light construction equipment, or similar items are rented and serviced. An Equipment Rental
Establishment does not include the rental or servicing of motor vehicles or industrial equipment;
Figure 3: examples of dwellings
PAGE | 9
68.
established grade means the average of the highest (A)
and lowest (B) elevation of finished surface of the
ground where it meets the exterior main walls of a
building or the average elevation of the finished grade
of the ground immediately surrounding a structure,
exclusive in both case of any artificial embankment or
entrenchment (See Figure 4);
69.
excavation means any breaking of ground, except common household gardening and ground care;
70.
existing means existing as of the effective date of this Bylaw;
71.
fence means a vertical physical barrier constructed of typical materials to reduce sound or prevent visual intrusion
or unauthorized access;
72.
floor area means the total area of all floors of a building excluding the area of a basement floor, EXCEPT for
Dwelling Units in a basement of a Dwelling, Apartment shall be included in the calculation of floor area;
73.
frontage means a property line of a parcel which abuts a highway or road;
74.
Funeral Services means a use where the dead are prepared for burial or cremation and where funeral services are
held. Funeral Services includes funeral homes and undertaking establishments, and may include a small-scale
crematorium;
75.
Gas Bar and Service Station means a use for the retail sale of gasoline, other petroleum products and incidental
automobile accessories. A Gas Bar and Service Station may also include an Eating and Drinking Establishment
and a Car Wash as accessory uses;
76.
Government Services means a use where municipal, provincial or federal government services are provided
directly to the public. Government Services include government administration offices, courthouses, postal
distribution offices, manpower and employment offices and social services offices, but does not include Protective
and Emergency Services;
77.
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;
78.
Greenhouse and Plant Nursery means a use where bedding, household and ornamental plants are raised, stored
and sold, together with incidental accessories such as garden equipment, fertilizers and garden care products.
This use does not include Cannabis Production and Distribution Facilities;
79.
Health Service means a use where physical or mental health services are provided on an out-patient basis. Such
services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature. Health
Services includes medical, chiropractic, massage, acupuncture, and dentistry offices, holistic and counselling
services, and community health centres;
80.
high water mark means the line separating the bed and shore of a body of water from the adjoining upland as
determined by an Alberta Legal Surveyor, also known as the legal bank of a body of water;
81.
highway means a highway or proposed highway that is designated as a highway pursuant to the Highways
Development and Protection Act;
Figure 4: Established grade
PAGE | 10
82.
Hobby Farm means the use of an acreage-sized parcel for the operation of a small farm that does not produce
products for sale on a commercial scale;
83.
Home Occupation, Major means a use where a business, occupation, trade, profession or craft that is carried on
as an accessory use within a Dwelling Unit by at least one permanent resident of said Dwelling Unit and which
may be detectable outside the Dwelling Unit but does not negatively impact the general residential nature of the
neighbourhood, and includes a dayhome;
84.
Home Occupation, Minor means a use where a business, occupation, trade, profession or craft that is carried on
as an accessory use within a Dwelling Unit by at a permanent resident of said Dwelling Unit which does not have
any exterior evidence of an accessory use;
85.
Hotel means a use where members of the traveling public are lodged for brief periods of time, normally not
exceeding seven (7) days, in rentable units, where access to the rentable units is from a common entranceway. A
Hotel may include Eating and Drinking Establishments, meeting rooms or convention facilities, Personal Service
Shops, Retail Shops, Alcohol Retail Sales and Entertainment Establishments;
86.
Industrial, Light 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 inside of a building, and no
adverse environmental impact or nuisance is created beyond the parcel;
87.
Industrial Vehicle and Equipment Sales/Rental means a use where new or used heavy vehicles, machinery or
mechanical equipment typically used in building, roadway, pipeline, oilfield and mining construction,
manufacturing, assembling and processing operations and/or agricultural operations are sold or rented, together
with incidental maintenance services and sale of parts;
88.
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;
89.
landscaping means the modification and enhancement of a parcel through the use of lawns, trees, shrubs,
ornamental plantings, 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 driveway or parking area;
90.
lane means a public thoroughfare typically providing secondary access to one or more parcels. For the purpose of
this Bylaw, a lane is not a road;
91.
loading space means an off-street space for the temporary parking of a vehicle while it is being loaded or
unloaded;
92.
lot means:
a. a quarter section; or
b. a river or a settlement lot shown on an official plan referred to in the Surveys Act that is filed or lodged in
a Land Titles Office; or
c. a part of a parcel of land described in a certificate of title if the boundaries of the part are separately
described in the certificate of title other than by reference to a legal subdivision; or
d. a part of a parcel of land described in a certificate of title if the boundaries of the part are described in a
certificate of title by reference to a plan of subdivision;
93.
maintenance means the upkeep of the physical form of any building. Maintenance includes painting, replacing
flooring, replacing roofing materials and repair of any facility related to a development, but does not include any
activity that will change the floor area or the internal volume of any building, or structural alteration to a building;
94.
Motel means a use where members of the traveling public are lodged for brief periods of time, normally not
exceeding seven (7) days, in rentable units, and where access to each of the rentable units is individually available
PAGE | 11
from grade or via exterior stairways. A Motel may include Eating and Drinking Establishments, but shall not
include Alcohol Retail Sales or an Entertainment Establishment;
95.
Municipal Planning Commission (MPC) means the Municipal Planning Commission established by bylaw
pursuant to the Act;
96.
municipality means the Town of Hardisty;
97.
must is an operative word, which means, similarly to the word shall, that an action is imperative or mandatory;
98.
non-conforming building means a building:
a. that is lawfully constructed or lawfully under construction at the date a land use bylaw or any amendment
thereof affecting the building or the land on which the building is situated becomes effective; and
b. that on the date the land use bylaw becomes effective does not, or when constructed will not, comply
with the land use bylaw;
99.
non-conforming use means a lawful specific use:
a. being made of land or a building or intended to be made of a building lawfully under construction at the
date a land use bylaw affecting the land or building becomes effective; and
b. that on the date 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;
100.
noise means any sound which either annoys or disturbs persons, or which injures, endangers, or detracts from
the comfort, repose, health, peace or safety of persons;
101.
nuisance means any act or deed, or omission, or thing, which is or could reasonably be expected to be annoying,
or troublesome, or destructive or harmful, or inconvenient, or injurious to another person and/or their property,
or anything troublesome or bothersome to other people;
102.
objectionable, see obnoxious;
103.
obnoxious means, when used with reference to a development, a use which by its nature, or from the manner of
carrying on the same, may, in the opinion of the Development Authority, create noise, vibration, smoke, dust or
other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity,
glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which, in the
opinion of the Development Authority, may be or may become a nuisance, or which adversely affects the
amenities of the neighbourhood, or which may interfere with the normal enjoyment of any land or building;
104.
offensive, see obnoxious;
105.
Office means a use where professional, management, administrative, consulting and financial services may be
provided. Office uses include the offices of lawyers, accountants, engineers, architects and realtors. Offices also
include insurance firms; clerical, secretarial, employment and telephone answering and similar office support
services; banks, credit unions, loan offices and similar financial institutions;
106.
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;
107.
owner means:
a. in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister
of the Crown having the administration of the land; or
b. in the case of any other land, the person shown as the owner of a parcel of land shown on the certificate
of title;
108.
parcel means the aggregate of the one or more areas of land described in a certificate of title by reference to a
plan filed or registered in a land titles office;
PAGE | 12
109.
parcel area means the total area of land within a parcel;
110.
parcel coverage means the percentage of the parcel area covered by the area of all buildings on a parcel,
including Accessory Buildings, but excluding balconies, canopies, eaves, stairways and landings, patios, decks and
similar projections;
111.
parcel depth means the average horizontal distance between the front parcel lines and rear parcel lines measured
either perpendicular to the front parcel line, or perpendicular to the tangent on a curve from the midpoint of a
curved front parcel line;
112.
parcel width means the average horizontal distance between the two side parcel lines or for irregular shaped lots,
the distance between the side parcel lines 10.0 m (32.8 ft) from the front parcel line measured parallel to the
front parcel line or at right angles to the tangent on a curve from the midpoint of a curved front parcel line;
113.
parcel, corner means a parcel which is situated at the intersection of two (2) separate roads, or with a property
line on a single road that curves at an angle of sixty (60) degrees or more at the subject parcel (see Figure 5);
114.
parcel, interior means a parcel which abuts only one (1) road (see Figure 5);
115.
parcel, lake front means a parcel which either abuts a body of water or reserve land which abuts a body of water
(see Figure 6);
116.
parcel, reverse corner means a corner parcel where the front façade of a Dwelling Unit is oriented towards the
longest property line which abuts a road (see Figure 5);
117.
parcel line, exterior side means a property line, other than the front parcel line, which abuts a road;
118.
parcel line, front means the shortest property line that abuts a road, except for lake front parcels. On lake front
parcels the front parcel line shall be the property line that is closest to the body of water (see Figure 6);
119.
parcel line, interior side means the property line of a parcel lying between a front parcel line and a rear parcel
line which does not abut a road;
120.
parcel line, rear means the property line lying opposite to the front parcel line and/or farthest from a road;
Figure 5: Interior, corner and Reverse corner parcels
PAGE | 13
121.
Park means a use designed or reserved for active or passive recreational use, or to be left in a natural state, and/or
areas of cultural or scenic value. This may include all natural and man-made open space and landscaping, facilities,
and buildings that are consistent with this general purpose. Parks include playgrounds, band shells, picnic
grounds, pedestrian trails and paths, landscaped buffers, water features, and similar outdoor features;
122.
parking space means a space within a building or parking area, for the parking of one vehicle, excluding
driveways, aisles, and ramps;
123.
park model means a type of recreational unit or trailer that provides for temporary or seasonal accommodation
and is connected to utilities. A park model is not a Dwelling Unit (See Figure 7);
124.
parking area means an area set aside for the storage and/or parking of vehicles. Components of parking areas
include parking spaces, loading spaces, aisles, entrances and exits to the parking area and traffic islands where
they are part of the parking area. A parking area may be above or below ground or within a building, and, if so,
is commonly referred to as a parkade;
Figure 7: Park model examples
Figure 6: lake front parcel
PAGE | 14
125.
Parking Lot means a use where the principal use of the parcel is for a parking area;
126.
patio means any developed surface adjacent to a building which is less than 0.61 m (2.0 ft) above grade;
127.
Peace Officer means a position authorized by the Alberta Government, or by Council for the purpose of enforcing
various laws to provide safe and secure communities;
128.
permitted use means the use of land or a building provided for in this Bylaw for which a development permit shall
be issued upon an application having been made, provided that all of the regulations of this Bylaw are or will be
met;
129.
Personal Service Shop means a use for the provision of personal services to an individual which are related to the
care and appearance of the body, or the cleaning and repair of personal effects. This includes barber shops,
hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments and laundromats.
This does not include Health Services;
130.
Place of Worship means a use wherein people regularly gather for worship and related religious, philanthropic or
social activities. Typical examples include churches, chapels, convents, kingdom halls, manses, monasteries,
mosques, synagogues and temples;
131.
principal building means a building which:
a. occupies the major central portion of a parcel;
b. is the chief or main building among one or more buildings on the parcel; or,
c. constitutes by reason of its use the primary purpose for which the parcel is used;
132.
principal use means the primary or main purpose for which a building or parcel is used;
133.
property line means the legal boundary of a parcel or lot;
134.
Protective and Emergency Services means a use where the administration of the protection of persons and
property from injury, harm or damage takes place, and where the equipment necessary for such activities is
stored, maintained and supplied. Protective and Emergency Services include police stations, fire stations and
ancillary training facilities;
135.
qualified professional means individuals with experience and training in a particular discipline with a recognized
degree, certification, license or registration;
136.
Recreational Facility, Indoor means a use for sports and active recreation within an enclosed building. Indoor
Recreational Facilities include ice arenas, curling rinks, racquet courts, gyms, and swimming pools and may include
a refreshment stand incidental to the principal use;
137.
Recreational Facility, Outdoor means a use where large areas of land are used to provide day-to-day sporting and
athletic facilities outdoors and the structures incidental thereto. This includes ski slopes, nature trails, fishing and
ice fishing, golf courses, archery, trap and rifle ranges, racetracks, boating, riding, swimming, skating rinks, sports
grounds and similar uses, and may include a refreshment stand incidental to the principal use;
138.
recreational vehicle means a vehicle or a trailer that is designed, constructed and equipped, either temporarily or
permanently, as a temporary accommodation for travel, vacation or recreational use and includes but is not
limited to: trailers, motorized homes, slide in campers, chassis mounted campers and tent trailers;
139.
Recycling Depot means a use where bottles, cans, newspapers and similar non-hazardous household goods are
bought, sold and temporarily stored for reuse and where all storage is contained within an enclosed building or
an enclosed compound;
140.
Regulation means the Matters Related to Subdivision and Development Regulation AR84/2022, as amended, and
any parallel or successor legislation.
141.
relocated building means a building that was constructed and previously used or occupied and is relocated or is
proposed to be relocated to another parcel;
PAGE | 15
142.
renewable energy system means 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,
geothermal energy or heat exchange systems. A renewable energy system may provide residual power to the grid
but is not intended to produce power primarily for resale;
143.
renovation means the process of repairing, restoring or improving any building;
144.
Repair Shop means a use where small-scale products and appliances are repaired or reconditioned and where
there is no outdoor storage of goods or materials;
145.
reserve land means reserve land as defined in the Act;
146.
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;
147.
Resort/Retreat means a use of a parcel of land intended for visitors to stay for a defined period of time for
recreation, study, or relaxation and may include buildings used for overnight accommodation, including park
models, a managers or Surveillance Suite; and other buildings used in the Resort/Retreat operations;
148.
Retail Establishment means a use for the retail sale of groceries, beverages, household goods, furniture and
appliances, hardware, printed matter, confections, tobacco, pharmaceutical and personal care items, automotive
parts and accessories, office equipment, stationary and/or similar goods from within an enclosed building. This
does not include Alcohol Retail Sales, a Gas Bar or Bulk Fuel Station, Industrial Vehicle and Equipment
Sales/Rental; Automotive Sales/Rentals or Warehousing and Distribution;
149.
road means any public road, including the boulevards, sidewalks and improvements, but excluding a lane,
highway or private road;
150.
Rodeo Grounds means a use where a display of the skills of cowboys, including bareback riding, steer wrangling,
etc., is executed;
151.
Seasonal Accommodation means a use where a park model, recreational vehicle or similar structure that contains
sleeping, cooking and sanitary facilities is used seasonally, generally between May 1 and October 31. Seasonal
Accommodation is not a Dwelling Unit, and is not intended for residential use;
152.
Self-Service Storage Facility means a use where varying sizes of individual, compartmentalized and controlled
access lockers are provided within a fenced compound or within a building for the storage of a customer's goods
or wares. Self-Service Storage Facilities do not include a Storage Yard;
153.
setback means the minimum horizontal distance as required by the district regulations between a building,
structure, or use from each of the respective property lines, or from a body of water, a natural boundary or other
reference line. A setback is not a yard or amenity area (See Figure 8);
PAGE | 16
154.
shall is an operative word, which means similarly to the word must, that an action is imperative or mandatory;
155.
shipping container means a container that is new or was formerly
used for transport of goods by means of rail, truck or sea. These
containers are rectangular in shape and are generally made of
metal. When used for any other purpose other than transporting
freight, a shipping container is considered an Accessory Building.
Shipping containers are also referred to as a sea cargo container,
sea can or cargo container (See Figure 9);
156.
Short-Term Rental means a use where a Dwelling Unit is operated as a temporary place to stay and includes
vacation rentals of a Dwelling Unit. The characteristics of a Short-Term Rental may include, but is not limited to:
the intent of the occupant to stay for short-term purposes rather than as a residence; the management and
advertising of the property as a short-term accommodation property; and/or the use of a system for reservations,
deposits, confirmations, credit cards or other forms of electronic payment;
157.
sight line triangle means the triangular area formed by a line drawn between two (2) points on the curbs of
intersecting roads 6.0 m (19.7 ft) from the point where the curbs would meet if extended or 5.0 m (16.4 ft) from
that point in the case of an intersecting lane and road or driveway and road;
158.
Sign means any visual medium, including its structure and other component parts, illuminated or not illuminated,
which is used or capable of being used, on a permanent or temporary basis, to identify or convey information, or
to advertise or attract attention to a product, service, place, activity, person, institution or business;
159.
sign area means the area of a Sign that is available for copy or advertisements, excluding the main support
structure (see Figure 10);
Figure 9: shipping container
Figure 8: setbacks
PAGE | 17
Figure 10: sign area
PAGE | 18
160.
sign content means the wording/lettering, message,
graphics or content displayed on a Sign;
161.
Sign, A-Frame means a Sign commonly referred to as a
"sandwich board", composed of two hinged or otherwise
joined boards which leans on the ground (see Figure 11);
162.
Sign, Canopy means a Sign which is part of, or attached to,
the outside edge of a canopy but which does not extend
below the bottom edge or surface of the canopy (see Figure
11);
163.
Sign, Fascia/Wall is a Sign attached to or placed flat against
the exterior wall or surface of any building, no portion of
which projects more than 0.1 m (4 inches) from the wall,
but which may or may not project above the roof or parapet
(see Figure 11);
164.
Sign, Freestanding means a Sign supported by one or more
uprights, braces or pylons and which stands independently
of another structure (see Figure 11);
165.
Sign, Portable means a temporary Sign on a standard or
column fixed to its own self-contained base and capable of
being moved manually (see Figure 11);
166.
Sign, Projecting means a Sign which is affixed to any
building or part thereof and extends beyond the building
wall or parts thereof by more than 0.3 m (1.0 ft) (see Figure
11);
167.
Sign, Roof means any Sign erected upon, against or directly
above a roof or on top of or above the parapet wall of a
building (see Figure 11);
168.
Sign, Under Canopy means a Sign which is attached to the
bottom face of a canopy (see Figure 11);
169.
similar use means a use which, in the opinion of the Development Authority, closely resembles another defined
use with respect to the type of activity, structure and its compatibility with the surrounding environment;
170.
slope stability means the stability of a slope, which is a function of the steepness, soil material, moisture content,
ground water condition, slope geometry and vegetation cover;
171.
Storage Yard means a use where materials or equipment are placed outside of a building on a more or less
permanent or continuous basis;
172.
storey means the space between one floor of a multi-storey building and the next floor above it. The upper limit
of the top storey shall be the ceiling above the topmost floor. A basement or cellar shall be considered a storey
in calculating the height of a building if the upper limit of the basement or cellar is greater than 1.8 m (6.0 ft)
above established grade;
Figure 11: examples of sign types
PAGE | 19
173.
structural alteration means a renovation, addition to, deletion from or change to any building which includes
work to the structure of the building;
174.
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 building, fence or a Sign;
175.
Subdivision and Development Appeal Board means the Subdivision and Development Appeal Board established
by the municipality's Subdivision and Development Appeal Board Bylaw and appointed by Council;
176.
Subdivision Authority means the Subdivision Authority established by the municipality's Subdivision Authority
Bylaw and appointed in accordance with the provisions of that Bylaw;
177.
Suite, Garage means a self-contained Dwelling Unit located above a detached Accessory Building (garage) which
is located in a rear yard and which is accessory to a Single Detached Dwelling. Garage Suites have an entrance
which is separated from the vehicle entrance to the Accessory Building (garage), either from a common indoor
landing or directly from the exterior of the building (see Figure 12);
178.
Suite, Garden a self-contained Dwelling Unit located at grade within a detached Accessory Building which is
located in a rear yard and which is accessory to a Single Detached Dwelling (See Figure 12);
179.
Suite, Secondary means a self-contained Dwelling Unit located in a building in which the principal use is a Single
Detached Dwelling or Duplex Dwelling. This use includes the conversion of a basement or a portion of a
basement, or the addition of new floor area for the Secondary Suite (See Figure 12);
180.
Suite, Surveillance means a Dwelling Unit used to accommodate a person or persons whose function is to provide
surveillance for the maintenance and safety of the development (See Figure 12);
181.
Town means the Town of Hardisty;
182.
Truck and Recreational Vehicle Sales/Rentals means a use where new or used trucks with a gross vehicle weight
rating of 4000.0 kg (8818.5 lbs) or greater, motor homes, and recreational vehicles with a gross vehicle weight
rating of 6000.0 kg (13,227.7 lbs) or greater or a length greater than 6.7 m (22.0 ft) are sold or rented, together
with incidental maintenance services and sale of parts. This includes truck dealerships, recreational vehicle
Figure 12: Examples of suites
PAGE | 20
dealerships, and truck and recreational vehicle rental agencies, and may include refueling and/or washing
facilities as an integral part of the operation;
183.
Trucking and Cartage Establishments means buildings, structures or land for the purpose of storing, servicing,
repairing or loading trucks and/or transport trailers, but does not include a Gas Bar and Service Station or
Industrial Vehicle and Equipment Sales/Rental;
184.
use means the purpose or activity for which a parcel or a lot and any buildings located on it are designed,
arranged, developed or intended, or for which it is occupied or maintained;
185.
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;
and includes any buildings or structures that house any equipment used in conjunction with the Utility;
186.
Vehicle and Equipment Repair Shop means a use where automobiles, motorcycles, snowmobiles and similar
vehicles are serviced or mechanically repaired and where related accessories and parts are sold and/or installed.
Vehicle and Equipment Repair Shops include transmission shops, muffler shops, tire shops, automotive glass
shops and upholstery shops, but not Vehicle Body Repair and Paint Shops;
187.
Vehicle Body Repair and Paint Shop means a use where the bodies of automobiles, motorcycles, snowmobiles
and similar vehicles are repaired and or painted;
188.
Veterinary Clinic means a use for the medical treatment of animals, and includes provision for their overnight
accommodation, and may include associated office space. Veterinary Clinics do not include Kennels;
189.
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;
190.
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;
191.
Wholesale Outlet means a use where goods are sold for retail in larger quantities to other retailers or direct to
other retailers or direct to consumers;
192.
Wireless Communications Facilities 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. Wireless Communications Facilities include the
antenna, and may include a supporting tower, mast or other supporting structure, and an equipment shelter.
Wireless Communications Facilities may be freestanding or mounted on an existing building or structure;
193.
yard means the open space on a part of a lot or parcel upon or over which no principal building is erected, and is
the distance between the property line to the foundation of the principal building or the exterior finishing
materials of an Accessory Building (See Figure 13);
PAGE | 21
194.
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 (See Figure 13);
195.
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 (See Figure 13);
196.
yard, front means a yard extending across the full width of a parcel from the front parcel line to the nearest wall
of the principal building. In the case of a curved front parcel line, the front yard will also form a curve (See Figure
13);
197.
yard, rear means a yard extending across the full width of a parcel from the nearest wall of the principal building
to the rear parcel line (See Figure 13).
Figure 13: yards
PAGE | 22
Part C | Administrative Agencies
DEVELOPMENT AUTHORITIES
1.
The Development Authority shall exercise powers and perform duties on behalf of the Municipality in accordance
with the Act.
2.
The Development Authority is:
a. the Development Officer while carrying out his or her functions or duties under this Bylaw and/or the Act;
b. the Municipal Planning Commission while exercising development powers or duties under this Bylaw
and/or the Act; or
c. where the context of this Bylaw permits in Direct Control Districts, the Council.
DEVELOPMENT OFFICER
3.
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
4.
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
1.
The Development Authority must administer all development permit applications in accordance with this Bylaw
and decide upon all development permit applications.
2.
The Development Authority must refuse to accept a development permit application where the prescribed fee
for a development permit has not been paid.
3.
The Development Authority must make available for inspection, during office hours, all applications and decisions
for development permits, subject to any legislation in force.
4.
The Development Authority must collect fees according to the schedule approved by Council.
5.
The types of development permit applications a Development Authority may consider are a development permit
for:
a. a permitted use that complies with all requirements of this Bylaw;
b. a permitted use that does not comply with all requirements of this Bylaw;
c. a discretionary use that complies with requirements of this Bylaw; and
d. a discretionary use that does not comply with all requirements of this Bylaw.
6.
The Development Authority must issue the following notices and acknowledgements on development permit
applications:
a. notice of complete application;
b. notice of incomplete application;
c. notice of decision; and
d. notice of refusal/deemed refusal of an application.
DEVELOPMENT OFFICER
7.
The Development Officer shall:
PAGE | 23
a. Receive, review, consider and decide all applications for development permits for those uses listed as
permitted uses in the relevant land use district and which complies with the minimum standards of this
Bylaw;
b. Receive, review, consider and decide all applications for development permits for those uses listed as
permitted uses in the relevant land use district and requires a relaxation of any standard in this Bylaw in
accordance with Part C.3.2;
c. Receive and refer with recommendations to the Municipal Planning Commission for its consideration and
decision, all applications for a development permit which has been assigned to it for consideration and
decision pursuant to Part C.2.8.
MUNICIPAL PLANNING COMMISSION
8.
The Municipal Planning Commission shall decide on all development permit applications for:
a. those uses listed as discretionary uses;
b. those uses listed as permitted uses and requires a relaxation of any standard in this Bylaw in accordance
with Part C.3.3;
c. similar uses as described in Part D.7.9; and
d. relocated buildings as described in Part H.14.
VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY
1.
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:
a. 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
b. the proposed development conforms with a use prescribed by this Bylaw for that land or building.
2.
The Development Officer, at its discretion, may relax the development standards up to fifteen percent (15%) of
that requirement.
3.
The Municipal Planning Commission at its discretion, may relax the development standards fifteen percent (15%)
or greater of that requirement.
SUBDIVISION AUTHORITY ESTABLISHMENT
1.
The Subdivision Authority of the Town of Hardisty shall be as established by the Town's Subdivision Authority
Bylaw.
2.
The Subdivision Authority shall perform such duties in accordance with the Act and this Bylaw.
SUBDIVISION AUTHORITY POWERS AND DUTIES
1.
The Subdivision Authority must administer all subdivision applications in accordance with this Bylaw and decide
upon all subdivision applications.
2.
The Subdivision Authority must refuse to accept a subdivision application where the prescribed fee for a
subdivision application has not been paid.
3.
The Subdivision Authority may refuse to deem complete a subdivision application where:
a. the information required is not provided; and/or
PAGE | 24
b. the quality is inadequate to properly evaluate the application.
4.
The Subdivision Authority shall:
a. 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;
b. keep a register of all applications for subdivision, including the decisions therein and the reasons
therefore;
c. 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;
d. issue the following notices and acknowledgements on subdivision applications:
i. notice of complete application;
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;
e. excepting 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;
f.
prepare, sign and transmit all notices of decision to the relevant agencies in accordance with the
Regulation;
g. ensure all conditions are complied with prior to endorsement to the satisfaction of the municipality; and
h. endorse Land Titles instruments to effect the registration of the subdivision of land.
COUNCIL
1.
Council shall perform such duties as are specified for it in this Bylaw and issue as required permits for development
in Direct Control Districts.
PAGE | 25
Part D | Development Application and Approval Process
CONTROL OF DEVELOPMENT
1.
No development other than that designated in PART D.2 of this Bylaw shall be undertaken within the municipality
unless an application for it has been approved and a development permit has been issued.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
1.
The following development shall not require a development permit:
a. any use or development exempted under section 618(1) of the Act;
b. any use or development exempted by the Lieutenant Governor in Council pursuant to section 618(4) of
the Act;
c. Wireless Communication Facilities;
d. the completion and use of a development which was lawfully under construction at the date this Bylaw
came into effect provided the development is completed in accordance with the terms and conditions of
any development permit(s) granted;
e. the completion of a development that did not require a development permit under the previous Land Use
Bylaw and which was lawfully under construction provided the development is completed within twelve
(12) months from the date this Bylaw came into effect and complies with the applicable requirements of
the previous Land Use Bylaw;
f.
Signs located inside a building and are not visible from the exterior, or are installed on a window of a
building;
g. Signs that state the municipal address, owner or name of the building, to a maximum sign area of 0.2 m2
(2.2 ft2);
h. Signs for the purpose of warning or direction;
i.
Signs that indicate "open", "closed", "vacancy" or "no vacancy" with a maximum sign area of 0.5 m2 (5.4
ft2);
j.
temporary Signs that relate to a real estate sale or a temporary event, provided the Sign is removed
immediately following the event or sale;
k. an official notice, Sign, placard or bulletin required to be displayed pursuant to provisions of federal,
provincial or municipal legislation;
l.
the erection of campaign Signs for federal, provincial, municipal or school board elections on privately-
owned parcels for no more than thirty (30) days, or such time as regulated under provincial or federal
legislation provided that:
i.
such Signs are removed within one (1) day after the election date;
ii.
such Signs do not obstruct or impair vision or traffic; and
iii.
such Signs indicate the name and address of the sponsor and the person responsible for
removal;
m. the use of a building or part thereof for a federal, provincial, or municipal election, referendum or
plebiscite; and
n. the digging of test holes requiring less than 6.0 m2 (64.5 ft2) in surface area for exploration purposes.
PAGE | 26
2.
The following development shall not require a development permit, but must otherwise comply with all
provisions of this Bylaw:
a. the carrying out of works of maintenance or renovation to any building, provided that such works do not:
i. include structural alterations or major works of renovation that would affect any regulations in
this Land Use Bylaw; or
ii. change the use or the intensity of use of the land or building;
b. interior renovations to a building, including finishing a basement, which do not:
i. create an additional Dwelling Unit, and/or
ii. result in the change of use or the intensity of use of a building;
c. the temporary placement or construction of a building, works or machinery, including a shipping
container, the sole purpose of which is incidental to the construction of a development for which a
development permit has been issued under this Bylaw;
d. the use of land for, or the maintenance and repair of works, services and utilities on publicly owned or
administered land carried out by or on behalf of federal, provincial and municipal public authorities on
land, or private utilities under special agreement with the municipality;
e. the erection, construction, maintenance, or alteration of gates, fences, walls or other means of enclosure;
f.
Signs for Cemeteries, Cultural Establishments, Government Services, Protective and Emergency
Services, Places of Worship, Educational Facilities, Recreation Facilities Indoor and Outdoor, and Parks;
g. for maintenance, repair, changing the sign content, or reducing the sign content area of an approved
Sign;
h. a patio or a deck (EXCEPT for an enclosed deck);
i.
a building or structure with a floor area of under 9.3 m2 (100.0 ft2) which is listed as a permitted use;
j.
landscaping;
k. the construction, maintenance and repair of private walkways, pathways, driveways, and similar works;
l.
a Minor Home Occupation;
m. the placement of up to two (2) Accessory Buildings on a parcel within the Urban Reserve (UR) District;
n. a Hobby Farm;
o. Extensive Agriculture;
p. the demolition or removal of any building or structure;
q. renewable energy systems; and
r. an electric vehicle charging station within a Parking Lot or parking stall of an approved development.
NON-CONFORMING BUILDINGS AND USES
1.
Non-conforming buildings and non-conforming uses shall be treated in accordance with the Act, and any
amendments thereto.
2.
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 this Bylaw.
3.
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.
PAGE | 27
APPLICATION FOR DEVELOPMENT
GENERAL REQUIREMENTS
1.
An application for a development permit shall be completed and submitted to the Development Authority in
writing, on the prescribed form, and shall be accompanied by the required development permit fee. The following
information shall be submitted with the application:
a. authorization of the owner;
b. a site plan, drawn to scale, showing the following:
i.
north arrow;
ii.
plan scale;
iii.
legal description and municipal address of the parcel;
iv.
location and dimensions of property lines, the parcel area and the required front, rear and side
yards, if any;
v.
location of any existing and/or proposed buildings and the measured front, rear and side yard
setbacks;
vi.
location of any existing or proposed structures including utility poles, retaining walls, fences and
Signs and the measured setbacks to property lines;
vii.
existing or proposed utility rights-of-way and easements;
viii.
identification of existing and/or proposed roads or lanes that will provide access to the parcel;
ix.
proposed parking areas and loading spaces, and vehicle entrances and exits (driveways);
x.
location of any on-site water and sewer services;
xi.
existing grades at the corners of the parcel, and at all corners of existing and proposed
buildings;
c. the estimated commencement and completion dates;
d. a statement of the current and proposed use of the lands;
e. a statement of existing and proposed Utility services (i.e. on-site or municipal); and
f.
the presence of abandoned oil and gas wells in accordance with the Regulation.
APPLICATIONS FOR HOME OCCUPATIONS
2.
An application for a Home Occupation must contain information concerning:
a. a description of the nature of the business;
b. the number of resident and non-resident employees proposed to work on the parcel;
c. the location of any materials or goods to be kept or stored;
d. a floor plan of the Dwelling Unit showing the area to be used for business purposes;
e. an estimate of the number of client visits or deliveries to be expected on a daily basis; and
f.
parking of any commercial vehicles.
APPLICATIONS FOR SIGNS
3.
An application for a Sign shall be accompanied by the following information:
a. a drawing showing the width, height and sign area of the Sign, including the proposed sign content; and
b. a description or drawing showing the Sign materials and colors.
PAGE | 28
APPLICATIONS FOR INDUSTRIAL DEVELOPMENT
4.
An application for an industrial development shall be accompanied by the following information:
a. the type and nature of the industry;
b. the estimated number of employees;
c. the estimated water demand and anticipated source;
d. the type of effluent and method of treatment;
e. the source and level of sounds to be created;
f.
the source, type and strength of odors to be created;
g. the hours of operation of the facility;
h. transportation routes to be used (rail and road); and
i.
means of solid waste disposal.
APPLICATIONS FOR CANNABIS PRODUCTION AND DISTRIBUTION FACILITIES
5.
An application for a Cannabis Production and Distribution Facility shall be accompanied by the following
information:
a. the quantity and characteristics of liquid and solid waste material discharged by the facility;
b. the method and location of collection and disposal of liquid and solid waste material discharged by the
facility; and
c. the incineration of waste products and method of treatment of airborne emissions, including odors.
ADDITIONAL INFORMATION
6.
The Development Authority may 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:
a. a copy of the current certificate of title;
b. copies of any restrictive covenants, utility rights-of-way, easements or Town of Hardisty caveats
registered on title;
c. floor plans, elevations and section drawings;
d. written rationale supporting any requested variances;
e. samples or representations of exterior building finishing materials and/or colors;
f.
a real property report, prepared by an Alberta Land Surveyor, showing the location and distances of any
existing buildings, bodies of water, trees or other physical features on or adjacent to the parcel being
developed;
g. photographs showing the parcel in its current state;
h. in the case of the placement of a relocated building that has been previously used or occupied,
information relating to the age and condition of the building and its compatibility with the District in which
it is to be relocated, including photographs of the building;
i.
engineering plans, prepared by a qualified professional, respecting the provision of water, storm water
and sewer services and franchise utilities for the development;
j.
elevations of proposed buildings and floors relative to the invert elevations of public Utilities;
k. stormwater management, grading or landscaping plans, prepared by a qualified professional;
PAGE | 29
l.
a traffic impact assessment prepared by a qualified professional;
m. detailed studies prepared by a qualified professional showing the potential impacts of the proposed
development on utilities and drainage in the area;
n. an assessment by a qualified professional of any potential flooding or subsidence or slope stability hazard
that may, in the sole opinion of the Development Authority, affect the subject parcel;
g. a plan showing the proposed development in relation to future phases of development on the parcel;
h. where a proposal is considered to have a significant environmental impact, the Development Authority
may request the applicant to have an environmental audit prepared by a qualified professional; and
i.
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.
7.
Notwithstanding Parts D.4.1 through D.4.6, at the discretion of the Development Authority, additional
information, plans or reports may be required to adequately render a decision on an application.
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
1.
Within the timeframe specified in the Act, a notice of complete 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.
2.
The time period referred to in PART D.5.1 may be extended by an agreement in writing between the applicant
and the Development Authority.
3.
If the Development Authority does not issue a notice referred to in PART D.5.1 above within the required time
the application is deemed to be complete.
4.
If the Development Authority determines the application is incomplete, the Development Authority must issue
to the applicant a notice that the application is incomplete and clearly indicate the outstanding documents and
information to be submitted by the date set out in the notice agreed to between the applicant and the
Development Authority.
5.
If the applicant fails to submit all the required outstanding information and documents on or before the date
referred to in PART D.5.4, the application is deemed to be refused.
NOTICE OF APPLICATION AND APPLICATION REFERRAL
1.
Upon receipt of an application for a development permit for a development listed as a discretionary use or where
a variance is requested, the Development Officer shall send a written notice to all adjacent landowners indicating
the location and nature of the proposed development, and indicating opportunities for comment.
2.
The Development Officer may refer for comment any matter or any application for a development permit to any
municipal department or external agency or authority it deems necessary.
3.
Applications for development permits on parcels within an area contained within an Intermunicipal Development
Plan (IDP) shall be referred to the other municipality for review and comment in accordance with the
requirements of the IDP.
4.
A notice of application or a referral must state the location and details of the application being circulated, how
more information can be obtained, the date comments are due by and to whom the comments must be sent to.
5.
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.
6.
After the time period identified in the circulation notice from the date of referral indicated in Part D.6.4, the
application shall be dealt with by the Development Authority whether or not comments have been received.
PAGE | 30
DIRECT CONTROL DISTRICTS
7.
Upon receipt of a complete application for a development permit within a Direct Control District where the
Council is required to make the decision, the Council may, prior to making a decision, refer the application to the
Municipal Planning Commission, the Development Officer, and/or any municipal department or external agency
for comment.
8.
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.
DECISION PROCESS
DEEMED REFUSAL
1.
At the option of the applicant, an application for a development permit may be deemed to be refused when a
decision thereon is not made by the Development Authority within the timeframe specified in the Act unless an
extension of this time period is agreed to in a written agreement between the applicant and the Development
Authority.
PERMITTED USE PERMITS THAT MEET ALL REQUIREMENTS
2.
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
3.
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:
a. refuse to approve the development permit application; or
b. 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.
4.
The Development Authority may, as a condition of approving a development permit for a permitted use 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
5.
When making a decision on a development permit for a discretionary use the Development Authority must take
into account:
a. any plans and policies affecting the parcel;
b. the purpose statement in the applicable Land Use District;
PAGE | 31
c. the appropriateness of the location and parcel for the proposed use;
d. the compatibility and impact of the proposed development with respect to adjacent parcels and the
neighbourhood;
e. the merits of the proposed development;
f.
the utility servicing requirements;
g. access, parking and transportation requirements;
h. vehicle and pedestrian circulation within the parcel;
i.
the impact on the public transportation system; and
j.
sound planning principles.
6.
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:
a. limiting hours of operation;
b. limiting number of patrons;
c. establishing landscaping requirements;
d. requiring noise attenuation;
e. requiring special provisions be made for parking;
f.
regarding the location, character and appearance of a building;
g. 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;
h. establishing the period of time during which a development may continue; and
i.
ensuring the development is compatible with surrounding uses.
7.
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
8.
The Development Authority must refuse a development permit application when the proposed development:
a. is for a use that is not listed as either a permitted use or discretionary use in the Land Use District; or
b. is for a use containing a restriction in its definition that is not met by the proposed use.
SIMILAR USE PERMITS
9.
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.
DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
1.
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.
2.
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,
PAGE | 32
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.
3.
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 Hardisty to do any or all of the
following:
a. to construct or pay for the construction of a road required to give access to the development;
b. 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;
c. 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;
d. to construct or pay for the construction of:
i.
off-street or other parking facilities, and
ii.
loading and unloading facilities;
e. to pay an off-site levy or redevelopment levy imposed by bylaw; and
f.
to give security to ensure that the terms of the agreement under this section are carried out.
4.
The Town of Hardisty may register a caveat pursuant to the provisions of the Act and the Land Titles Act in respect
of an agreement under Part D.8.3 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.
5.
The Development Authority may attach conditions to a development permit which may include adherence to
engineering standards, the completion of any required reports and studies, the preparation of a Construction
Management Plan, and phasing requirements.
DEVELOPMENT PERMITS AND NOTICE OF DECISION
1.
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. A notice of the issuance of the development permit shall be displayed in a conspicuous
location in the Town of Hardisty office for 21 days following the day after which the development permit was
issued.
2.
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:
a. provide a notice of decision to the applicant of the approval;
b. publish the notice of decision once in a locally circulating newspaper;
c. publish the notice of decision in a conspicuous location in the Town of Hardisty office; and
d. issue a development permit after the appeal period has expired if no appeals have been received.
3.
A development permit issued pursuant to Part D.9.2 does not come into effect until twenty-one (21) days after
the day the date the notice of decision is published in the newspaper. Any development proceeded with by the
applicant prior to the expiry of this appeal period is done solely at the risk of the applicant.
4.
The notices indicated in Part D.9.2 must state:
a. the legal description and the street address of the parcel of the proposed development;
PAGE | 33
b. the uses proposed for the subject development;
c. any discretion that was granted in the approval of the development, whether by use or by interpretation
of this Bylaw, and any variation or relaxation in regulation that was made by the Development Authority
when the development permit was approved;
d. the date the development permit was approved; and
e. how an appeal may be made to the Appeal Body and the deadline for such appeal.
5.
Where an appeal is made pursuant to Part E 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.
6.
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.
REAPPLICATION FOLLOWING DEVELOPMENT PERMIT REFUSAL
1.
Pursuant to the Act, in the case where an application for a development permit has been refused pursuant to this
PART, or ultimately after appeal pursuant to PART E of this Bylaw, at their discretion, the Development Authority
may not accept the submission of another application for a development permit on the same parcel and for the
same or similar use by the same or any other applicant for six (6) months after the date of the previous refusal.
2.
Part D.10.1 does not apply in the case of an application that was deemed to be refused under Section 683.1(8) of
the Act or PART D.5.5 of this Bylaw.
DEVELOPMENT COMMENCEMENT AND COMPLETION
1.
If the development authorized by a development permit is not commenced within twelve (12) months from the
date of its issuance 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.
2.
If the development authorized by a development permit is not completed within two (2) 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.
3.
For the purposes of this Bylaw, commencement includes excavation, but does not include fencing, or demolition
on the parcel, or obtaining permits.
4.
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.
REVOKING A PERMIT
1.
After the issuance of a development permit, a Development Authority may revoke a development permit in
writing to the applicant at any time:
a. where the development permit was issued on the basis of incorrect information, fraud, non-disclosure,
or misrepresentation on the part of the applicant; or
b. where the development permit was issued in error.
PAGE | 34
PART E | Development Appeal Process
APPEAL PROCEDURE
1.
Appeals in respect of decisions on development permit and subdivision applications are governed by the Act.
GROUNDS FOR APPEAL
2.
An appeal may be made to the Appeal Body where a Development Authority:
a. refuses or fails to issue a development permit; or
b. issues a development permit subject to conditions; or
c. issues an order under PART G.3 of this Bylaw.
3.
Notwithstanding PART E.1.2, no appeal lies in respect of the issuance of a development permit for a permitted
use unless:
a. the provisions of this Bylaw were relaxed, varied or misinterpreted; or
b. the application for the development permit was deemed to be refused under Part D.5.5.
4.
Notwithstanding PART E.1.2, if a decision with respect to a development permit in a Direct Control District:
a. is made by a Council pursuant to Part C.6.1, there is no appeal to the Subdivision and Development
Appeal Board;
b. is made by a Development Authority, the appeal may only be made to the Subdivision and Development
Appeal Board and is limited to whether the Development Authority followed the directions of Council,
and if the Subdivision and Development Appeal Board finds that the Development Authority did not
follow the directions it may, in accordance with the directions, substitute its decision for the Development
Authority's decision.
APPELLANTS
5.
The person applying for the development permit or affected by the order, or any other person affected by an
order, decision or development permit of a Development Authority may appeal to the Appeal Body.
6.
An appeal shall be made by serving a written notice of appeal, together with reasons for the appeal and the appeal
fee as established by resolution of Council, to the Secretary of the Appeal Body by the date indicated on the notice
of decision or order.
PAGE | 35
PART F | Bylaw Amendment Process
APPLICATION TO AMEND THE LAND USE BYLAW
1.
Council may at any time initiate an amendment to this Bylaw.
2.
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, or any other
proposed amendment to this Bylaw.
APPLICATION REQUIREMENTS
3.
All applications for amendment to this Bylaw shall be made to the Council on the form provided by the
municipality and shall be accompanied by:
a. the application fee as established by Council; and
b. a current title search of the land affected or other documents satisfactory to the Town of Hardisty showing
the applicant's interest in the said land; and
c. drawings, plans or maps showing the subject land, the proposed District(s), the proposed use and/or
development, if applicable; and
d. any other information or documents deemed necessary by the Town of Hardisty.
4.
Council may request such information as it considers necessary in order to reach a decision on the proposed
amendment.
REFERRALS
5.
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:
a. Flagstaff County if, the proposed amendment:
i.
affects land on the boundary with Flagstaff County; or
ii.
may otherwise have an effect on Flagstaff County; or
b. such other persons or agencies as it considers necessary for comment.
DECISION
6.
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.
7.
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.
PAGE | 36
PART G | Enforcement
OFFENCES
1.
If a Development Authority finds that a development or use of land or buildings is not in accordance with:
a. the Act or the Regulation;
b. a development permit or subdivision approval; or
c. this Bylaw
the owner, lessee or occupant of land or a building, or the owner of a structure or a Sign thereon, commits an
offense.
2.
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.
3.
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.
ENTRY AND INSPECTION
1.
Pursuant to the Act, a Designated Officer may only enter land or a building for the purpose of ensuring compliance
with the Act and the Regulation, or this Bylaw if:
a. the owner or person in possession of it gives his consent to the entry; or
b. the entry is authorized by an Order of the Court of Queen's Bench; and
c. only for the purpose of ensuring compliance with the Act and the Regulation, or this Bylaw.
ORDERS
1.
Where an offense occurs, the Development Officer may, by notice in writing, order the owner, the person in
possession of the land or buildings or the person responsible for the contravention or all or any of them to:
a. stop the development or use of the land or buildings in whole or in part as directed by the notice;
b. demolish, remove or replace the development; or
c. carry out any other actions required by the notice so that the development or use of the land or buildings
is in accordance with the Act, the Regulation, a development permit, subdivision approval or this Bylaw,
as the case may be, within the time set out in the notice.
2.
A person who receives a notice pursuant to PART G.3.1 may appeal the order in the notice to the Subdivision and
Development Appeal Board in accordance with PART E of this Bylaw.
3.
If a person fails or refuses to comply with an order directed to them under PART G.3.1 or an order of the
Subdivision and Development Appeal Board, the Municipality may, in accordance with Section 542 of the Act,
enter on the land or building and take any action necessary to carry out the order.
4.
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:
a. is deemed for all purposes to be a tax imposed under the Act from the date it was added to the tax roll;
and
b. 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.
PAGE | 37
5.
The Municipality may register a Caveat under the Land Titles Act in respect of an order against the certificate of
title that is subject to the order in accordance with Section 646(2) of the Act.
6.
Nothing in this Bylaw diminishes or in any way affects the rights of the Town of Hardisty 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.
VIOLATION TICKETS
1.
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.
2.
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.
3.
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.
PAGE | 38
PART H | General Provisions
DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS
1.
The design, character and appearance of all buildings shall:
a. be compatible with other buildings in the vicinity unless, in the opinion of the Development Authority,
the building is setting a new standard for the District in which it is located; and
b. comply with the provision of any statutory plan applicable to the design, character or appearance of the
building.
NUMBER OF DWELLING UNITS ON A PARCEL
1.
The maximum number of Dwelling Units on a parcel shall be one (1) unless it is otherwise permitted in this Land
Use Bylaw.
CORNER, REVERSE CORNER AND IRREGULAR PARCELS
1.
The parcel lines and yards of corner parcels shall be determined by the following:
a. the front parcel line of a corner parcel is the shortest property line abutting a road;
b. the exterior side parcel line of a corner parcel is the longest property line abutting a road;
c. the interior side parcel line of a corner parcel is the longest property line abutting a parcel; and
d. the rear parcel line of a corner parcel is the shortest property line abutting a parcel or lane (See Figure
14).
2.
Notwithstanding Part H.3.1 or anything else in this Bylaw, the Development Authority may determine a corner
parcel to be a reverse corner parcel (See Figure 14).
3.
The Development Authority shall determine the front, rear and side yards of a reverse corner parcel by taking
into account:
a. the general pattern and location of existing buildings on adjacent parcels;
b. the size and geometry of the parcel;
c. the ability to create sufficient privacy on the parcel and privacy for adjacent parcels;
d. ensuring safe traffic movement at the intersection, considering the primary flow of traffic and access to
the parcel; and
e. the general aesthetics, considering the location and height of fencing and hedges.
4.
For parcels other than corner lots which have frontage on two (2) roads, or for parcels which are not rectangular
in shape, the Development Authority shall determine the yard designations.
PAGE | 39
CORNER VISBILITY SETBACK
RESIDENTIAL DISTRICTS
1.
Notwithstanding any other provision of this Bylaw, no person shall place or maintain any object, structure, fence,
hedge, shrub or tree greater than 1.0 m (3.3 ft) in height above grade in or on that part of a corner parcel or
reverse corner parcel which lies within a triangle formed by a straight line drawn between two points on the
closest curbs of the intersecting roads 6.0 m (19.7 ft) from the point where the curbs would meet if extended, or
3.0 m (9.8 ft) from that point in the case of an intersecting lane and road.
ALL DISTRICTS OTHER THAN RESIDENTIAL DISTRICTS
2.
Notwithstanding any other provision of this bylaw, no person shall place or maintain any object, structure, fence,
hedge, shrub or tree greater than 1.0 m (3.3 ft) in height above grade in or on that part of a corner parcel which
lies within a triangle formed by a straight line drawn between two points on the closest curbs of the intersecting
roads 4.5 m (14.8 ft) from the point where the curbs would meet if extended.
3.
PART H.4.2 above does not apply to lands in the Primary Commercial (C1) District.
4.
No Sign shall be located within the areas defined in PART H.4.2 such that any part of the Sign is between the
heights of 1.0 m (3.3 ft) and 4.0 m (13.1 ft) above grade.
Figure 14: determining yards of corner and reverse corner parcels
PAGE | 40
YARD SETBACKS AND PERMITTED PROJECTIONS
1.
In all districts, the minimum yard setbacks do not apply to:
a. construction wholly beneath the surface of the ground;
b. driveways, parking spaces and sidewalks;
c. fences, patios and retaining walls; and
d. landscaping.
2.
Wheelchair ramps may be permitted to encroach into any required yard setback, at the discretion of the
Development Authority, provided that the ramp:
a. does not impede fire access to or around the building;
b. is complementary to and well-integrated into the building design; and
c. does not extend beyond the property line.
RESIDENTIAL PROJECTIONS
3.
Residential building projections specified in Parts H.5.4 to H.5.6 into or over a required yard setback shall not
require a variance.
FRONT YARDS
4.
The following projections are permitted into a required front yard setback:
a. eaves, bay windows and chimneys, or other similar projections to a maximum of 0.61 m (2.0 ft);
b. canopies over an entrance to the principal building, provided such projections are cantilevered and do
not project greater than 1.0 m (3.3 ft);
c. stairways and landings, and uncovered decks to a maximum of 2.0 m (6.6 ft); and
d. balconies on a Dwelling, Apartment provided:
i. they are not enclosed, and designed as an integral part of the building; and
ii. they do not project more than 2.0 m (6.6 ft) into the front yard setback.
SIDE YARDS
5.
The following projections are permitted into a required side yard setback:
a. stairways and landing no more than 0.6 m (2.0 ft) above grade may project one hundred percent (100%)
into the required side yard setback;
b. stairways and landings greater than 0.6 m (2.0 ft) above grade, provided they do not project fifty percent
(50%) or greater into the required side yard setback;
c. eaves and chimneys to maximum of 0.6 m (2.0 ft);
d. canopies over an entrance to the principal building, provided such projections are cantilevered and do
not project greater than 1.0 m (3.3 ft);
e. balconies on a Dwelling, Apartment provided:
i. they are not enclosed, and designed as an integral part of the building; and
ii. they do not project more than 1.0 m (3.3 ft) into a required side yard setback and in no case are
closer than 2.0 m (6.6 ft) to a side parcel line.
REAR YARDS
6.
The following projections are permitted into a required rear yard setback:
PAGE | 41
a. eaves, and chimneys, or other similar projections to a maximum of 0.61 m (2.0 ft);
b. stairways and landings and uncovered decks to a maximum of 2.0 m (6.6 ft);
c. canopies over an entrance to the principal building, provided such projections are cantilevered and do
not project greater than 1.0 m (3.3 ft);
d. balconies on a Dwelling, Apartment provided:
i. they are not enclosed, and designed as an integral part of the building; and
ii. they do not project more than 2.0 m (6.6 ft) into a required rear yard setback.
FENCES
1.
No fence in a Residential District shall be:
a. higher than 2.0 m (6.6 ft) in a side yard or rear yard; and
b. higher than 1.0 m (3.3 ft.) in a front yard.
2.
No fences with barbed wire shall be allowed, except in the Industrial (M1) District and in the Urban Reserve (UR)
District. In these Districts, barbed wire may be allowed, but not below the elevation of 1.8 m (6.0 ft) above grade.
3.
No electrification of fences or razor wire shall be allowed.
4.
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.
SCREENING
APARTMENTS AND ROW HOUSING
1.
All Dwelling, Apartment or Dwelling, Row Housing developments may be required to provide, to the satisfaction
of the Development Authority a fence or hedge of not less than 1.5 m (4.9 ft) nor more than 2.0 m (6.6 ft) in
height, along any side parcel lines or rear parcel lines abutting a parcel in a R1 or R2 District.
2.
For a Dwelling, Apartment development, garbage and waste material must be stored in weatherproof and animal
proof containers. Garbage and waste containers must be screened from roads, excluding lanes.
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
3.
Commercial development abutting a parcel with a principal residential use shall provide, to the satisfaction of
the Development Authority, a solid wooden fence of not less than 2.0 m (6.6 ft) in height.
4.
For commercial and industrial developments, garbage and waste material must be stored in weatherproof and
animal proof containers. Garbage and waste containers must be screened from roads, excluding lanes.
5.
For commercial and industrial developments, outdoor storage areas shall be screened from adjacent parcels and
roads.
UTLITY SERVICES
1.
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.
2.
A development shall not be permitted if the development is not served by:
a. the municipal sewer and water system; or
b. at the discretion of the Development Authority, a provincially approved private system.
PAGE | 42
3.
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.
4.
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.
5.
Stormwater run-off shall be contained on-site or disposed of in a manner acceptable to the Town of Hardisty
and/or as required in a stormwater management report prepared by a qualified professional.
SITE GRADING AND DRAINAGE
1.
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.
2.
The owner of a parcel shall be responsible to ensure that grading is maintained over time to provide effective
drainage. 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 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.
3.
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 elevations or drainage.
VEHICLE ACCESS AND EGRESS
1.
Vehicle entrances and exits shall be located at least 6.0 m (19.7 ft) from the corner along a property line at the
intersection of two (2) or more roads.
2.
The Development Authority may require that entrances and exits for vehicles be separate, one-directional, and/or
adequately signed.
DRIVE-IN BUSINESSES
1.
Drive-in businesses 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.
2.
The following regulations shall apply to the design of maneuvering aisles and queuing spaces:
a. may be located in a required setback area if there are no safety or nuisance concerns identified with
adjacent uses;
b. must not provide direct access to any parcel or road; and
c. must not interfere with other vehicular or pedestrian movements.
3.
For Eating Establishments with a drive-in business:
a. ordering windows or order boards must not be located within 20.0 m (65.6 ft) of a parcel with a principal
residential use; and
b. a minimum of five (5) queuing spaces shall be provided per order board or ordering window.
4.
For drive-in businesses which provide automotive services, the following minimum queuing spaces are required:
a. Gas Bars and Services Stations: one (1) queuing space per fuel pump or service bay; and
b. Car Washes: two (2) queuing spaces per bay.
PAGE | 43
5.
Queuing spaces shall be a minimum of 2.7 m (8.8 ft) in width and 6.5 m (21.3 ft) in length and provide sufficient
space for the turning and maneuvering of vehicles.
6.
Drive-in businesses abutting a parcel with a principal residential use shall provide a fence at least 2.0 m (6.0 ft)
in height along a side and/or rear parcel line.
RECREATIONAL VEHICLES
1.
A maximum of one (1) recreational vehicle may be stored on a parcel in a residential district, except up to two (2)
recreational vehicles may be stored on a residential parcel that is 2,023.3 m2 (0.5 ac).
2.
Except as approved in a development permit for a Campground or for Seasonal Accommodation, no person may
occupy a recreational vehicle for a period longer than five (5) consecutive days in a calendar year on any parcel.
3.
Except on a parcel in the R1A and R1C Districts a recreational vehicle may be stored within a side, rear or front
yard of a residential parcel under the following conditions. The recreational vehicle shall be:
a. entirely contained within the parcel;
b. located in a front yard exclusively during the regular summer season (between April 1 and October 1);
and
c. removed from the front yard between October 2 and March 31 of each calendar year.
4.
If a development permit for the temporary occupancy of a recreational vehicle on the parcel has been issued
during the construction period of the development, the recreational vehicle must be removed within three (3)
months of construction completion or shall not continue to be occupied.
REVEWABLE ENERGY SYSTEMS
1.
Renewable energy systems attached to a principal building or Accessory Building shall:
a. not extend above the peak of a roof; and
b. not project past a roof by 1.5 m (4.9 ft) at any point.
2.
Renewable energy systems shall not generate noise, in the opinion of the Development Authority, which affects
the amenity or enjoyment of an adjacent residential use.
3.
Ground-mounted or freestanding renewable energy systems shall be located in a side yard or rear yard, and must
meet the height and setback regulations for an Accessory Building within the applicable Land Use District.
RELOCATION OF BUILDINGS
1.
Notwithstanding Part D.2.2, a development permit application shall be required for a relocated building that has
been previously occupied as part of the development of a permitted use or a discretionary use.
2.
A development permit for a relocated building may include conditions of approval that:
a. 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;
b. the building is compatible with the character of the neighbourhood in which the building is to be
relocated to; and
c. the building be renovated to a satisfactory condition within a specified time.
PAGE | 44
HOSPITAL HELIPAD VICINITY
1.
The Hospital Helipad Vicinity shall be that area within a 200.0 m (656.2 ft) radius measured from the center of the
landing/takeoff pad located at Lot 12, Block 28, Plan 0828362, the Hardisty Health Care Centre (See Figure 15).
2.
No development, or part thereof, within the Hospital Helipad Vicinity shall exceed a height of 20.6 m (35.0 ft).
3.
No development within the Hospital Helipad Vicinity shall be allowed if, in the opinion of the Development
Authority, it generates a large amount of smoke, dust or attracts birds.
4.
No development within 30.5 m (100.0 ft) of the centre of the landing/takeoff pad shall exceed a height of 1.5 m
(4.9 ft).
Figure 15: hospital helipad vicinity
PAGE | 45
PART I | Special Use Provisions
ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS
GENERAL RULES FOR ALL ACCESSORY BUILDINGS
1.
Accessory Buildings must be secondary and subordinate to the principal building or principal use on the same
parcel.
2.
The determination of whether a building or structure is considered accessory shall be at the discretion of the
Development Authority.
3.
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.
4.
No person shall use, or allow an Accessory Building to be used, as a Dwelling Unit except where specifically
allowed in this Bylaw and as approved in a development permit.
5.
Accessory Buildings shall be constructed either simultaneously with, or after the construction of the principal
building on a parcel or the commencement of the principal use on a parcel.
6.
No person shall construct or permit the placement of an Accessory Building, or group of Accessory Buildings,
such that, individually or collectively, the total floor area of the Accessory Building(s) would:
a. along with the principal building, exceed the maximum parcel coverage;
b. exceed the floor area of the principal building on the parcel; or
c. exceed twelve percent (12%) of the parcel area.
7.
The height of an Accessory Building shall not exceed 5.5 m (18.0 ft), except in the case where the parcel area
exceeds 0.40 ha (1.0 ac) an Accessory Building shall not exceed 10.0 m (32.8 ft) in height.
8.
Except in the R1A and R1C District, no Accessory Building shall be located in the front yard of a parcel.
9.
The minimum setbacks of an Accessory Building in a residential district shall be 1.0 m (3.3 ft) from a side parcel
line or a rear parcel line, except on a corner parcel or a reverse corner parcel, the minimum setback from an
exterior side parcel line shall be no less than the minimum exterior side yard setback for the principal building.
10.
Eaves of an Accessory Building shall be setback a minimum of 0.3 m (1.0 ft) from a side parcel line or rear parcel
line.
ADDITIONAL RULES FOR SHIPPING CONTAINERS USED AS AN ACCESSORY BUILDING
11.
Except on a residential parcel that is 0.4 ha (1.0 ac) in parcel area, a shipping container used as an Accessory
Building shall be a maximum of 6.0 m (20.0 ft) in length.
12.
The Development Authority may require the exterior surface of a shipping container used as an Accessory
Building be finished, or screened from public view, to the satisfaction of the Development Authority.
13.
A shipping container used as an Accessory Building shall not be used to display a Sign.
ACCESSORY BUILDINGS IN DISTRICTS OTHER THAN RESIDENTIAL DISTRICTS
GENERAL RULES FOR ALL ACCESSORY BUILDINGS
1.
Accessory Buildings must be secondary and subordinate to the principal building or principal use on the same
parcel.
2.
The determination of whether a use, building or structure is considered accessory shall be at the discretion of the
Development Authority.
PAGE | 46
3.
No Accessory Building shall be located in the front yard of a parcel.
ADDITIONAL RULES FOR SHIPPING CONTAINERS USED AS AN ACCESSORY BUILDING
4.
The Development Authority may require the exterior surface of a shipping container used as an Accessory
Building be finished, or screened from public view, to the satisfaction of the Development Authority.
5.
A shipping container used as an Accessory Building shall not be used to display a Sign.
SHORT-TERM RENTALS
1.
A Short-Term Rental shall:
a. not change the residential character or external appearance of the Dwelling Unit; and
b. have a maximum of four (4) guest bedrooms (providing for a maximum of eight (8) guests).
2.
A development permit for a Short-Term Rental of a Dwelling Unit shall be issued for a maximum of five (5) years.
HOME OCCUPATIONS
GENERAL REGULATIONS
1.
A Home Occupation shall not change the character or external appearance of the Dwelling Unit.
2.
Home Occupations shall be incidental and subordinate to the principal residential use of the Dwelling Unit.
3.
Home Occupations shall not include:
a. activities that use or store hazardous material in quantities exceeding those normally found in a residential
Dwelling Unit; or
b. any business that would, in the opinion of the Development Authority, materially interfere with or affect
the use, enjoyment, or value of neighbouring properties; and
c. the production of any noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance that
would be detectable beyond the boundary of the parcel.
MINOR HOME OCCUPATIONS
4.
In addition to the General Regulations of PART I.4, a Minor Home Occupation shall meet all of the following
criteria:
a. occupy less than twenty percent (20%) of the floor area of the Dwelling Unit or 30.0 m2 (322.9 ft2),
whichever is less;
b. no outdoor storage or display of goods;
c. up to ten (10) business visits per day, and no more than three (3) customers on-site at a time;
d. no on-site employees other than the residents of the Dwelling Unit.
5.
A maximum of one (1) Fascia Sign for a Minor Home Occupation may be displayed in accordance with Part I.12.18.
MAJOR HOME OCCUPATIONS
6.
In addition to the General Regulations of PART I.4, a Major Home Occupation shall meet all of the following
criteria:
a. the number of non-resident employees that work in the Dwelling Unit shall not exceed two (2); and
b. up to twenty (20) business visits per day are allowed, and no more than five (5) customers on-site at a
time.
7.
A Major Home Occupation may be allowed to operate in an Accessory Building.
PAGE | 47
8.
A maximum of one (1) Fascia Sign for a Major Home Occupation may be displayed in accordance with Part I.12.18.
9.
A maximum of one (1) Freestanding Sign for a Major Home Occupation may be displayed on a parcel in the R1C
District in accordance with Part 1.12.22.
MANUFACTURED DWELLINGS
1.
Manufactured Dwellings constructed more than ten (10) years prior to the date the application for a development
permit is received may not be approved at the discretion of the Development Authority in consideration of its
condition and appearance.
2.
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.
3.
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.
4.
All accessory structures such as stairways and landings, patios, decks, and skirting shall be of complementary
quality and design to the Manufactured Dwelling.
5.
All Manufactured Dwellings shall be provided with stairways and landings to all entrances within 45 days of their
placement.
SUITE, GARAGE
1.
A Garage Suite shall only be allowed, where provided for in a Land Use District, on a parcel as an accessory use
to a Single Detached Dwelling.
2.
A maximum of one (1) Garage Suite shall be allowed per parcel. No additional Garden Suite or Secondary Suite
shall be allowed.
3.
A Garage Suite shall not be located in the front yard of a parcel.
4.
The minimum setbacks of a Garage Suite shall be 1.0 m (3.3 ft) from a side parcel line and 1.5 m (4.9 ft) from a
rear parcel line, except on a corner parcel or a reverse corner parcel, the minimum setback from an exterior side
parcel line shall be no less than the minimum exterior side yard setback for the principal building.
5.
Notwithstanding Part I.6.3, in the R1A District a Garage Suite may be located in the front yard and shall be setback
a minimum of 6.0 m (19.7 ft) from the front parcel line.
6.
A Garage Suite shall remain accessory to and subordinate to the principal Dwelling Unit and shall not exceed 80.0
m2 (860.0 ft2) in floor area.
7.
The minimum floor area of a Garage Suite shall be 30.0 m2 (322.9 ft2).
8.
For the purposes of this Bylaw, shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the Garage Suite.
9.
At grade Garage Suites shall have a maximum height of 4.5 m (14.8 ft) (See Figure 16).
10.
Above grade Garage Suites with a flat or single-pitch roof shall be a maximum height of 5.5 m (18.0 ft), and 6.5
m (21.3 ft) for Garage Suites with a gable or pitched roof, provided the maximum height of the building is not
higher than the height of the Single Detached Dwelling (See Figure 16).
PAGE | 48
Figure 16: Maximum garage suite height
11.
Windows within the second storey of a Garage Suite shall be located and sized such that they minimize overlook
into yards and windows of abutting parcels through one or more of the following strategies:
a. off-setting window placement to limit direct views into a window of a Dwelling Unit on an abutting parcel;
b. locating larger windows such as living room windows to face a lane, a road, the principal Dwelling Unit
on the parcel, or the larger of any side yard abutting a parcel.
12.
A Garage Suite must not be separated from the principal residential use on a parcel by the registration of a
condominium or subdivision.
SUITE, GARDEN
1.
A Garden Suite shall only be allowed, where provided for in a Land Use District, on a parcel as an accessory use
to a Single Detached Dwelling.
2.
A maximum of one (1) Garden Suite shall be allowed per parcel. No additional Garage Suite or Secondary Suite
shall be allowed.
3.
A Garden Suite shall not be located in the front yard of a parcel.
4.
The minimum setbacks of a Garden Suite shall be 1.0 m (3.3 ft) from a side parcel line and 1.5 m (4.9 ft) from a
rear parcel line, except on a corner parcel or a reverse corner parcel, the minimum setback from an exterior side
parcel line shall be no less than the minimum exterior side yard setback for the principal building.
5.
Notwithstanding Part I.7.3, in the R1A District a Garden Suite may be located in the front yard and shall be setback
a minimum of 6.0 m (19.7 ft) from the front parcel line.
6.
A Garden Suite shall remain accessory to and subordinate to the principal Dwelling Unit and shall not exceed
80.0 m2 (860.0 ft2) in floor area.
7.
The minimum floor area of a Garden Suite shall be 30.0 m2 (322.9 ft2).
8.
A Garden Suite shall have a maximum height of 4.5 m (14.8 ft).
9.
A Garden Suite must not be separated from the principal residential use on a parcel by the registration of a
condominium or subdivision.
SUITE, SECONDARY
PAGE | 49
1.
A Secondary Suite shall only be allowed, where provided for in a Land Use District, on a parcel as an accessory
use to a Single Detached Dwelling or Duplex Dwelling.
2.
A maximum of one (1) Secondary Suite shall be allowed per parcel. No additional Garage Suite or Garden Suite
shall be allowed.
3.
A Secondary Suite shall remain accessory to and subordinate to the principal Dwelling Unit. The maximum floor
area of the Secondary Suite shall not exceed thirty percent (30%) of the floor area of the principal Dwelling Unit
or 80.0 m2 (860.0 ft2), whichever is the lesser.
4.
Notwithstanding Part I.8.3, where a Secondary Suite occupies:
a. the basement within a one-storey Single Detached Dwelling; or
b. the second storey of a two-storey Single Detached Dwelling;
the Secondary Suite may occupy a maximum of 50% of the floor area of the building.
5.
For the purposes of this Bylaw, shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the Secondary Suite.
6.
The minimum floor area of a Secondary Suite is 38.0 m2 (400.0 ft2).
SUITE, SURVEILLANCE
1.
A Surveillance Suite which is not attached to or within the principal building shall be located:
a. A minimum of 2.0 m (6.6 ft) from any buildings;
b. A minimum of 3.0 m (9.8 ft) from the rear parcel line and side parcel lines; and
c. No closer to the front parcel line than the principal building.
2.
The maximum floor area of a Surveillance Suite shall be 32.6 m2 (351.0 ft2), but in no case shall a Surveillance
Suite be larger in floor area than the principal building.
CANNABIS PRODUCTION AND DISTRIBUTION FACILITIES
1.
The Development Authority may require for a complete application for a Cannabis Production and Distribution
Facility, the submission of a waste management plan completed by a qualified professional, which includes but
is not limited to:
a. the quantity and characteristics of liquid and solid waste material discharged by the facility;
b. the method and location of collection and disposal of liquid and solid waste material discharged by the
facility; and
c. the incineration of waste products and method of treatment of airborne emissions, including odours.
2.
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.
3.
As a condition of a development permit and prior to the operation of the facility, the applicant must provide a
copy of the current license for all activities associated with cannabis production as issued by Health Canada.
4.
All processes and functions related to a Cannabis Production and Distribution Facility must be fully contained
within a building including all loading stalls and docks, garbage receptacles and waste material.
5.
A Cannabis Production and Distribution Facility shall not include outdoor storage of goods, materials or supplies.
6.
A Cannabis Production and Distribution Facility shall not be allowed to operate on a parcel with any other use.
7.
A Cannabis Production and Distribution Facility must include equipment in the ventilation system designed and
intended to remove odours from the air where it is discharged from the building.
PAGE | 50
GAS BARS AND SERVICE STATIONS
1.
No part of any building or any pump island shall be located within 6.0 m (19.7 ft) of a side parcel line or rear
parcel line.
2.
A pump island shall be setback 6.0 m (19.7 ft) from the front parcel line.
3.
A canopy over a pump island shall not extend to within 3.0 m (9.8 ft) of any property line.
4.
Notwithstanding the minimum required front yard setback in the district regulations, the front yard setback of a
Gas Bar and Service Station shall not be less than 12.0 m (39.4 ft).
5.
The minimum parcel area of a Gas Bar and Service Station shall be 740.0 m2 (7,965 ft2). When a Car Wash is
included on the same parcel, the minimum parcel area shall be 1,110.0 m2 (11,948 ft2).
6.
The maximum parcel coverage of a Gas Bar and Service Station shall be twenty-five percent (25%).
7.
The maximum width of a driveway for a Gas Bar and Service Station shall not exceed 10.7 m (35.1 ft) in width.
SIGNS
SIGN AUTHORITY AND ADMINISTRATION
1.
No Sign shall be erected on or affixed to municipal property without the prior consent of the Town of Hardisty.
2.
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.
3.
No person shall place a motor vehicle, shipping container, trailer or similar structure on a parcel for the purpose
of displaying a Sign.
4.
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.
5.
The Town of Hardisty 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.
GENERAL SIGN REGULATIONS
6.
No Sign shall resemble or conflict with a traffic sign, signal or device.
7.
All Signs shall be designed and manufactured to a professional standard of quality, to the satisfaction of the
Development Authority.
8.
The design and location of a Sign on a building shall complement the architectural elements and materials of the
building.
9.
Buildings shall be designed to incorporate Signs into the building as an integrated architectural element.
10.
All Sign lighting shall be designed to illuminate the Sign only.
11.
A Sign shall not be located to obstruct the movement or free and clear vision of a pedestrian or motorist, or cause
conflict with any required parking area.
12.
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.
A-FRAME SIGNS
13.
A-Frame Signs shall:
PAGE | 51
a. be placed only within the frontage area of the business;
b. not disrupt pedestrian traffic on a sidewalk;
c. not be illuminated; and
d. not exceed 0.6 m2 (6.0 ft2) in sign area.
14.
Only one (1) A-Frame Sign shall be permitted per business.
CANOPY SIGNS
15.
Canopy Signs shall:
a. have a minimum height clearance of 2.7 m (8.6 ft) from grade or any sidewalk below;
b. not project above the roof;
c. be set back a minimum of 0.6 m (2.0 ft) from a curb;
d. not project greater than 2.0 m (6.6 ft) from the face of the building; and
e. not exceed 9.3 m2 (100.1 ft2) in sign area.
FASCIA/WALL SIGNS
16.
Fascia Signs shall:
a. be located on the building frontage directly adjacent to the business;
b. not exceed 20% in sign area of the building face to which the Sign is attached; and
c. not project above the roof greater than 1.0 m (3.3 ft).
17.
A business shall have a maximum of one (1) Fascia Sign per frontage.
18.
A maximum of one (1) Fascia Sign for a Minor Home Occupation, Major Home Occupation or Short-Term Rental
shall be displayed with a maximum sign area of 0.2 m2 (2.2 ft2).
19.
For Apartment and Row Housing developments, one (1) Fascia Sign not exceeding 1.0 m2 (10.8 ft2) in sign area
shall be allowed on a parcel.
FREESTANDING SIGNS
20.
Freestanding Signs shall:
a. not exceed 6.0 m (19.7 ft) in height;
b. not exceed a maximum sign area of 19.0 m2 (204.5 ft2);
c. be a minimum of 6.0 m (19.7 ft) from a curb or 1.5 m (4.9 ft) from a property line, whichever is the greater
distance; and
d. be separated a minimum of 30.0 m (98.4 ft) from any other Freestanding Sign along the same side of a
block of the road.
21.
A maximum of one (1) Freestanding Sign is allowed per parcel except:
a. where a parcel has in excess of 90.0 m (295.3 ft) business frontage, one (1) additional Freestanding Sign
may be erected for each additional 90.0 m (295.3 ft); or
b. where a parcel is considered to be a corner parcel, each frontage may have a Freestanding Sign provided
that the Signs are no closer than 90.0 m (295.3 ft.) apart.
22.
A maximum of one (1) Freestanding Sign for a Major Home Occupation or Short-Term Rental may be displayed
in the R1C District with a maximum sign area of 0.3 m2 (3.3 ft2) and a maximum sign height of 1.0 m (3.3 ft).
23.
A maximum of one (1) Freestanding Sign for a Dwelling or Apartment may be displayed with a maximum sign
area of 2.0 m2 (21.5 ft2) and a maximum sign height of 1.5 m (4.9 ft).
PAGE | 52
PORTABLE SIGNS
24.
A maximum of one (1) Portable Sign is allowed per parcel provided the Sign does not:
a. exceed 6.6 m2 (71.0 ft2) in sign area;
b. exceed 3.0 m (9.8 ft) in height above grade, and
c. is not located within the sight line triangle.
25.
Notwithstanding Part I.12.24, additional Portable Signs may, at the discretion of the Development Authority, be
allowed in a multiple occupancy development provided that no Portable Sign is located closer than 15.0 m (49.2
ft) from another Portable Sign.
26.
A Portable Sign must be stabilized and anchored in a manner that ensures the Sign will not be unintentionally
moved or blown over.
PROJECTING SIGNS
27.
Projecting Signs shall:
a. have a minimum clearance of no less than 3.0 m (10.0 ft) between the bottom of the Sign and the grade
immediately below it;
b. not project more than 2.0 m (6.6 ft) from the face of the building;
c. shall be setback a minimum of 0.6 m (2.0 ft) from a curb;
d. no project above the roof greater than 1.0 m (3.3 ft); and
e. not exceed 9.3 m2 (100.1 ft2) in sign area.
28.
A business shall have a maximum of one (1) Projecting Sign per frontage.
ROOF SIGNS
29.
Roof Signs shall:
a. be developed so they appear as an architectural feature of the building on which they are located;
b. be setback at least 1.0 m (3.3 ft) from the exterior walls of the building; and
c. not exceed 9.3 m2 (100.1 ft2) in sign area.
30.
No supporting structure of a Roof Sign shall be visible to the public unless finished in an aesthetically pleasing
manner to the satisfaction of the Development Authority.
UNDER CANOPY SIGNS
31.
Under Canopy Signs shall:
a. have a minimum clearance of 2.7 m (8.6 ft) from grade of any sidewalk below;
b. be setback a minimum of 0.6 m (2.0 ft) from a curb;
c. not project greater than 2.0 m (6.6 ft) from the face of the building; and
d. not exceed 0.5 m2 (5.4 ft2) sign area.
PAGE | 53
PART J | Land Use Districts
ESTABLISHMENT OF LAND USE DISTRICTS
1.
For the purposes of this Bylaw, the following Districts are hereby established:
LAND USE DISTRICT
DISTRICT TITLE
RESIDENTIAL LAND USE DISTRICTS
Low Density Residential District
(R1)
Lake Lot Residential District
(R1A)
Acreage Residential District
(R1C)
Estate Lot Residential District
(R1D)
Medium Density Residential District
(R2)
High Density Residential District
(R3)
Manufactured Dwelling Residential District
(RMDS)
COMMERCIAL LAND USE DISTRICTS
Primary Commercial District
(C1)
General Commercial District
(C2)
INDUSTRIAL LAND USE DISTRICTS
Industrial District
(M1)
PUBLIC USE/RECREATION LAND USE DISTRICTS
Institutional District
(I)
Parks and Recreation District
(P)
Hardisty Lake Park District
(HLP)
MISCELLANEOUS LAND USE DISTRICTS
Urban Reserve District
(UR)
DISTRICT BOUNDARIES
1.
The boundaries of the districts listed in PART J.1 are as delineated in PART K on Map 1 - Land Use Districts Map.
2.
Where uncertainty exists as to the boundaries of Districts as shown on the Land Use District Map, the following
rules shall apply:
a. Rule 1. Where a boundary is shown as following a highway, road, lane, or body of water, it shall be
deemed to follow the parcel line thereof.
b. Rule 2. Where a boundary is shown as approximately following a parcel line, it shall be deemed to follow
the parcel line.
c. Rule 3. In circumstances not covered by Rule 1 or 2, the location of the boundary shall be determined:
i. where dimensions are set out in this Bylaw, by the dimensions so set; or
ii. where no dimensions are set out on the Land Use District Map with respect to such boundary, by
measurement of and use of the scale shown on the Land Use District Map.
PAGE | 54
3.
Where the application of the above rules does not determine the exact location of the boundary of a District, the
Council either by motion or upon written application being made to it by any person requesting the determination
of the exact location of the boundary, shall fix the portion of the District boundary in doubt or dispute in a manner
consistent with the provisions of this Bylaw and the degree of detail as to measurements and directions as the
circumstances may require.
4.
After the Council has fixed a District boundary pursuant to the provisions of PART J.2.3 above, the portion of the
boundary so fixed shall not be thereafter altered except by an amendment of this Bylaw.
5.
The Development Authority shall maintain a list of Council's decisions with respect to boundaries or portions
thereof fixed by Council.
ESTABLISHMENT OF DIRECT CONTROL DISTRICTS
1.
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.
2.
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.
3.
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.
PAGE | 55
LOW DENSITY RESIDENTIAL (R1) DISTRICT
GENERAL PURPOSE
1.
To provide for low-density residential development and other compatible residential neighbourhood uses on
serviced parcels.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Care Facility
Dwelling, Single Detached
Child Care Facility
Home Occupation, Minor
Dwelling, Duplex
Parks
Home Occupation, Major
Sign, Fascia
Place of Worship
Suites, Secondary
Short-Term Rental
Utilities
Suite, Garage
Suite, Garden
PARCEL AREA AND WIDTH
4.
Minimum parcel area
a. Single Detached Dwellings
500.0 m2 (5,382.0 ft2)
b. Duplex Dwellings
353.0 m2 (3,800.0 ft2) per Dwelling Unit
5.
Minimum parcel width
a. Single Detached Dwellings
15.2 m (50.0 ft)
b. Duplex Dwellings
10.7 m (35.0 ft) per Dwelling Unit
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
40%
7.
Maximum building height
10.0 m (32.8 ft)
8.
Minimum front yard setback
6.0 m (19.7 ft)
9.
Minimum rear yard setback
7.5 m (24.6 ft)
PAGE | 56
10.
Minimum interior side yard setback
a. Single Detached Dwellings
1.5 m (4.9 ft)
b. Duplex Dwellings
1.5 m (4.9 ft), except for a shared property line where it is zero
11.
Minimum exterior side yard setback
3.0 m (9.8 ft)
12.
Minimum floor area
a. Single Detached Dwellings
79.0 m2 (850.0 ft2)
b. Duplex Dwellings
79.0 m2 (850.0 ft2) per Dwelling Unit
PAGE | 57
LAKE LOT RESIDENTIAL (R1A) DISTRICT
GENERAL PURPOSE
1.
To provide for low-density residential development on residential parcels surrounding Hardisty Lake, as well as
Seasonal Accommodation in recreational vehicles and park models.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Dwelling, Manufactured
Dwelling, Single Detached
Home Occupation, Major
Home Occupation, Minor
Seasonal Accommodation
Parks
Short-Term Rentals
Sign, Fascia
Suite, Secondary
Utilities
Suite, Garden
Suite, Garage
Place of Worship
PARCEL AREA AND WIDTH
4.
Minimum parcel area
603.9 m2 (6,500.0 ft2)
5.
Minimum parcel width
12.2 m (40.0 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
40%
7.
Maximum building height
10.0 m (32.8 ft)
8.
Minimum front yard setback
6.0 m (19.7 ft)
9.
Minimum setback to the high water mark of Hardisty Lake
5.0 m (16.4 ft)
10.
Minimum rear yard setback
7.5 m (24.6 ft)
PAGE | 58
11.
Minimum side yard setback
1.8 m (6.0 ft)
12.
Minimum floor area
74.3 m2 (800.0 ft2) for Single Detached Dwellings and Manufactured Dwellings
ADDITIONAL REGULATIONS
13.
As part of an application for a development permit for Seasonal Accommodation, the following are required:
a. proof of valid vehicle registration and insurance of a recreational vehicle or park model;
b. current photographs indicating the condition of the proposed recreational vehicle, park model or similar
structure; and
c. a site plan showing the placement of the recreational vehicle, park model or similar structure, including
any patios, decks or Accessory Buildings.
14.
A recreational vehicle or park model or similar structure shall be maintained and kept in good condition. Any
recreational vehicle or park model or similar structure that is considered, in the opinion of the Development
Officer, to be a derelict vehicle (i.e. broken windows, damaged siding) may be required to be removed from the
parcel in accordance with the provisions of Part G Enforcement.
15.
A temporary development permit for Seasonal Accommodation shall be issued for a maximum of five (5) years.
PAGE | 59
ACREAGE RESIDENTIAL (R1C) DISTRICT
GENERAL PURPOSE
1.
To provide for residential development and accessory uses on acreage parcels.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Agriculture, Intensive
Dwelling, Single Detached
Short-Term Rental
Dwelling, Manufactured
Suite, Garden
Hobby Farm
Suite, Garage
Home Occupation, Major
Home Occupation, Minor
Parks
Sign, Fascia
Sign, Freestanding
Suite, Secondary
Utilities
PARCEL AREA AND WIDTH
4.
Minimum parcel area
1.0 ha (2.5 ac)
5.
Notwithstanding the minimum parcel area specified in Part J.6.4, there shall be no further subdivision of existing
R1C parcels in Hardisty.
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum building height
10.0 m (32.8 ft)
7.
Minimum front yard setback
7.5 m (24.6 ft)
8.
Minimum rear yard setback
7.5 m (24.6 ft)
9.
Minimum side yard setbacks
1.5 m (4.9 ft)
PAGE | 60
ESTATE RESIDENTIAL (R1D) DISTRICT
GENERAL PURPOSE
1.
To provide for low-density residential development on serviced estate parcels.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Home Occupation, Major
Dwelling, Single Detached
Place of Worship
Home Occupation, Minor
Short-Term Rental
Parks
Suite, Garage
Sign, Fascia
Suite, Garden
Utilities
Suite, Secondary
PARCEL AREA AND WIDTH
4.
Minimum parcel area
929.0 m2 (10,000.0 ft2)
5.
Minimum parcel width
23.0 m (75.5 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
40%
7.
Maximum building height
10.0 m (32.8 ft)
8.
Minimum front yard setback
7.5 m (24.6 ft)
9.
Minimum rear yard setback
7.5 m (24.6 ft)
10.
Minimum interior side yard setbacks
1.5 m (4.9 ft)
11.
Minimum exterior side yard setbacks
4.5 m (14.8 ft)
12.
Minimum floor area
111.5 m2 (1,200.0 ft2)
PAGE | 61
MEDIUM DENSITY RESIDENTIAL (R2) DISTRICT
GENERAL PURPOSE
1.
To provide for medium density residential development and other compatible residential neighbourhood uses on
serviced parcels.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Care Facility
Dwelling, Duplex
Child Care Facility
Dwelling Single Detached with a Suite, Secondary
Dwelling, Row Housing
Dwelling Single Detached with a Suite, Garage
Dwelling, Single Detached
Dwelling Single Detached with a Suite, Garden
Home Occupation, Major
Home Occupation, Minor
Place of Worship
Parks
Short-Term Rental
Sign, Fascia
Utilities
PARCEL AREA AND WIDTH
4.
Minimum parcel area
a. Dwelling, Row Housing (internal units)
230.0 m2 (2,476.0 ft2) per Dwelling Unit
b. Dwellings, Duplex and Row Housing (end units)
285.0 m2 (3,068.0 ft2) per Dwelling Unit
c. Dwelling, Single Detached
446.0 m2 (4,800.0 ft2)
5.
Minimum parcel width
a. Dwelling, Row Housing (internal units)
7.5 m (24.6 ft) per Dwelling Unit
b. Dwellings, Duplex and Row Housing (end units)
9.0 m (29.5 ft) per Dwelling Unit
c. Dwelling, Single Detached
15.2 m (50.0 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
a. Dwelling, Single Detached
40%
b. Dwellings, Duplex and Row Housing
45%
7.
Maximum building height
a. Dwellings, Single Detached
10.0 m (32.8 ft)
b. Dwellings, Duplex and Row Housing
10.7 m (35.0 ft)
PAGE | 62
8.
Minimum front yard setback
6.0 m (19.7 ft)
9.
Minimum rear yard setback
7.5 m (24.6 ft)
10.
Minimum interior side yard setback
a. Dwelling, Single Detached
1.5 m (4.9 ft)
b. Dwellings, Duplex and Row Housing
1.5 m (4.9 ft), except for a property line shared
between two Dwelling Units, where it is zero
11.
Minimum exterior side yard setback
a. Dwelling, Single Detached
3.0 m (9.8 ft)
b. Dwellings, Duplex and Row Housing
2.0 m (6.6 ft)
c. Other uses
3.0 m (9.8 ft)
12.
Minimum floor area
74.3 m2 (800.0 ft2) per Dwelling Unit
13.
Maximum Dwelling, Row House density
30 Dwelling Units per ha (12 Dwelling Units per ac)
PAGE | 63
HIGH DENSITY RESIDENTIAL (R3) DISTRICT
GENERAL PURPOSE
1.
To provide for high density residential development including Apartments and Row Housing and other
compatible residential neighbourhood uses on serviced parcels.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Dwelling, Duplex
Child Care Facility
Dwelling, Single Detached
Care Facility
Home Occupation, Major
Dwelling, Apartment
Place of Worship
Dwelling, Row Housing
Home Occupation, Minor
Parks
Sign, Fascia
Utilities
PARCEL AREA AND WIDTH
4.
Minimum parcel area
a. Dwelling, Apartment
880.0 m2 (9,472.2 ft2)
b. Dwellings, Duplex and Row Housing
As per the R2 District
c. Dwelling, Single Detached
390.2 m2 (4,200.0 ft2)
5.
Minimum parcel width
a. Dwelling, Apartment
30.5 m (100.0 ft)
b. Dwellings, Duplex and Row Housing
As per the R2 District
c. Dwelling, Single Detached
10.0 m (32.8 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
50%
7.
Maximum building height
a. Dwelling, Apartment and Care Facilities
15.2 m (50.0 ft)
b. Dwellings, Row Housing and Duplex
As per the R2 District
c. Other uses
10.7 m (35.1 ft)
PAGE | 64
8.
Minimum front yard setback
a. Dwelling, Apartment and Care Facilities
7.5 m (24.6 ft)
b. Dwellings, Row Housing and Duplex
As per the R2 District
c. Other uses
6.0 m (19.7 ft)
9.
Minimum rear yard setback
a. Dwelling, Apartment and Care Facilities
6.0 m (19.7 ft)
b. Dwellings, Row Housing and Duplex
As per the R2 District
c. Other uses
6.0 m (19.7 ft)
10.
Minimum interior side yard setback
a. Dwelling, Apartment and Care Facilities
3.0 m (9.8 ft)
b. Dwellings, Row Housing and Duplex
As per the R2 District
c. Other uses
1.5 m (4.9 ft)
11.
Minimum exterior side yard setback
a. Dwelling, Apartment and Care Facilities
3.0 m (9.8 ft)
b. Dwellings, Row Housing and Duplex
As per the R2 District
c. Other uses
3.0 m (9.8 ft)
12.
Minimum floor area
a. Dwelling, Apartment
55.0 m2 (592.0 ft2) per Dwelling Unit
b. Dwellings, Row Housing and Duplex
74.3 m2 (800.0 ft2) per Dwelling Unit
c. Dwelling, Single Detached
60.4 m2 (650.0 ft2)
13.
Maximum density
a. Apartments
86 Dwelling Units per ha (35 Dwelling Units per ac)
b. Row Housing
35 Dwelling Units per ha (14 Dwelling Units per ac)
ADDITIONAL REQUIREMENTS
14.
Parking areas for a Dwelling, Apartment shall not be located in the front yard.
15.
Dwelling, Apartments must, to the satisfaction of the Development Authority, be designed in accordance with
the following:
a. vehicle entrances and exits, parking stalls and loading stalls shall be located in such a manner to minimize
impact on adjacent residential uses; and
b. the building and site design shall be integrated with the surrounding neighbourhood context.
16.
For Dwelling, Apartment developments, at least ten percent (10%) of the parcel area shall be provided as an
outdoor amenity area.
17.
Notwithstanding PART J.9.16, balconies and patios may be considered an outdoor amenity area provided they
are unenclosed and have a minimum depth of 2.0 m (6.6 ft).
PAGE | 65
RESIDENTIAL MANUFACTURED DWELLING SUBDIVISION (RMDS) DISTRICT
GENERAL PURPOSE
1.
To provide for subdivisions in which Manufactured Dwellings are located on separately registered parcels.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Child Care Facility
Dwelling, Manufactured
Dwelling, Single Detached
Home Occupation, Minor
Home Occupation, Major
Parks
Places of Worship
Sign, Fascia
Utilities
PARCEL AREA AND WIDTH
4.
Minimum parcel area
a. Dwelling, Manufactured
400.0 m2 (4,305.6 ft2)
b. Dwelling, Single Detached
500.0 m2 (5,382.0 ft2)
5.
Minimum parcel width
a. Dwelling, Manufactured
12.2 m (40.0 ft)
b. Dwelling, Single Detached
15.2 m (50.0 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
45%
7.
Maximum building height
10.0 m (32.8 ft)
8.
Minimum front yard setback
a. Dwelling, Manufactured
4.5 m (14.8 ft)
b. Dwelling, Single Detached
6.0 m (19.7 ft)
9.
Minimum rear yard setback
6.0 m (19.7 ft)
PAGE | 66
10.
Minimum interior side yard setback
a. Dwelling, Manufactured
1.2 m (3.9 ft)
b. Dwelling, Single Detached
1.2 m (3.9 ft)
c. Other uses
1.5 m (4.9 ft)
11.
Minimum exterior side yard setback
3.0 m (9.8 ft)
12.
Minimum floor area
a. Dwelling, Manufactured
65.0 m2 (700.0 ft2)
b. Dwelling, Single Detached
65.0 m2 (700.0 ft2)
PAGE | 67
PRIMARY COMMERCIAL (C1) DISTRICT
GENERAL PURPOSE
1.
To provide for retail and service commercial businesses, including civic and cultural uses, in the downtown core.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Cannabis Retail Sales
Alcohol Retail Sales
Care Facility
Amusement Establishment, Indoor
Contractor Services, Limited
Business Support Services
Dwelling, Apartment
Child Care Facility
Equipment Rental Establishment
Cultural Establishment
Funeral Services
Drinking Establishment
Motel
Dwelling Units above the first storey
Parking Lot
Eating and Drinking Establishment
Recycling Depot
Entertainment Establishment
Sign, Freestanding
Government Services
Sign, Roof
Health Services
Veterinary Clinic
Hotel
Offices
Parks
Personal Service Shop
Place of Worship
Protective and Emergency Service
Recreation Facility, Indoor
Retail Establishment
Sign, A-Frame
Sign, Canopy
Sign, Fascia
Sign, Projecting
Sign, Under Canopy
Utilities
PAGE | 68
PARCEL AREA AND WIDTH
4.
Minimum parcel area
140.0 m2 (1,507.0 ft2)
5.
Minimum parcel width
7.6 m (25.0 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
100%, except as required to provide for loading spaces and garbage and waste containers.
7.
Maximum building height
11.0 m (36.1 ft)
8.
Minimum front yard setback
Zero
9.
Minimum rear yard setback
Zero, except as required to provide for loading spaces and garbage and waste containers.
10.
Minimum side yard setback
Zero, unless the parcel abuts a parcel in a residential district in which case the minimum required side yard
setback shall be 2.5 m (8.2 ft).
ADDITIONAL REQUIREMENTS
1.
Parking spaces shall not be located in a front yard.
2.
A building that contains Dwelling Units, above the first storey must:
a. provide access at grade which is separate from any access for any commercial use;
b. locate vehicle entrances and exits, parking stalls and loading stalls in such a manner to minimize impact
on adjacent uses; and
c. integrate the building and site design with the surrounding neighbourhood context.
3.
A Dwelling, Apartment must, to the satisfaction of the Development Authority:
a. locate vehicle entrances and exits, parking stalls and loading stalls in such a manner to minimize impact
on adjacent uses;
b. integrate the building and site design with the surrounding neighbourhood context; and
c. provide ten percent (10%) of the parcel area as a landscaped area that functions as an amenity area.
PAGE | 69
GENERAL COMMERCIAL (C2) DISTRICT
GENERAL PURPOSE
1.
To provide a variety of goods and services to Hardisty residents and the surrounding region, including those uses
which require a larger parcel area.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Alcohol Retail Sales
Amusement Establishment, Indoor
Bulk Fuel Station
Automotive Sales/Rentals
Cannabis Retail Sales
Business Support Services
Contractor Services, General
Car Wash
Drinking Establishment
Contractor Services, Limited
Funeral Services
Eating and Drinking Establishment
Greenhouse and Plant Nursery
Entertainment Establishment
Industrial Vehicle and Equipment Sales/Rentals
Equipment Rental Establishment
Parking Lot
Gas Bar and Service Station
Place of Worship
Government Services
Recycling Depot
Health Services
Self-Service Storage Facility
Hotel
Suite, Surveillance
Motel
Sign, Roof
Offices
Truck and Recreational Vehicle Sales/Rentals
Parks
Trucking and Cartage Establishment
Personal Service Shop
Vehicle and Equipment Repair Shop
Protective and Emergency Service
Veterinary Clinic
Recreation Facility, Indoor
Wholesale Outlet
Repair Shop
Retail Establishment
Sign, Canopy
Sign, Fascia
Sign, Freestanding
Sign, Portable
Utilities
PAGE | 70
PARCEL AREA AND WIDTH
4.
Minimum parcel area
650.0 m2 (6,996.5 ft2)
5.
Minimum parcel width
30.0 m (98.4 ft)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
6.
Maximum parcel coverage
60%
7.
Maximum building height
11.0 m (36.1 ft)
8.
Minimum front yard setback
6.0 m (19.7 ft)
9.
Minimum rear yard setback
6.0 m (19.7 ft)
10.
Minimum side yard setback
2.0 m (6.6 ft)
ADDITIONAL REQUIREMENTS
11.
In addition to the screening requirements in Part H.7, a yard abutting a parcel in a residential district shall be
landscaped. The minimum width of the landscaped area shall be 2.0 m (6.6 ft), and shall include the planting or
preservation of trees and shrubs, to the satisfaction of the Development Authority.
12.
All plant materials shall be a native species or a species capable of healthy growth in Hardisty.
PAGE | 71
INDUSTRIAL (M1) DISTRICT
GENERAL PURPOSE
1.
To provide for a range of manufacturing, warehousing and other industrial uses.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Abattoir
Automotive Sales/Rentals
Agricultural Industry
Business Support Services
Amusement Establishment, Outdoor
Car Wash
Auctioneering Establishment
Contractor Services, Limited
Bulk Fuel Station
Contractor Services, General
Cannabis Production and Distribution Facility
Equipment Rental Establishment
Eating and Drinking Establishment
Gas Bar and Service Station
Recreation Facility, Indoor
Greenhouse and Plant Nursery
Retail Establishment
Industrial Vehicle and Equipment Sales/Rentals
Storage Yard
Industrial, Light
Suite, Surveillance
Parks
Vehicle Body Repair and Paint Shop
Protective and Emergency Service
Waste Transfer Station
Recycling Depot
Self-Service Storage Facility
Sign, Canopy
Sign, Fascia
Sign, Freestanding
Sign, Portable
Sign, Roof
Truck and Recreational Vehicle Sales/Rentals
Trucking and Cartage Establishment
Utilities
Vehicle and Equipment Repair Shop
Veterinary Clinic
Warehousing and Distribution
PAGE | 72
PARCEL AREA
4.
Minimum parcel area
650.0 m2 (6,996.5 ft2)
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
5.
Maximum parcel coverage
60%
6.
Maximum building height
12.0 m (39.4 ft)
7.
Minimum front yard setback
6.0 m (19.7 ft)
8.
Minimum rear yard setback
5.0 m (16.4 ft)
9.
Minimum side yard setback
2.0 m (6.6 ft)
ADDITIONAL REQUIREMENTS
10.
In addition to the screening requirements in Part H.7, a yard abutting a parcel in a residential district shall be
landscaped. The minimum width of the landscaped area shall be 2.0 m (6.6 ft), and shall include the planting or
preservation of trees and shrubs, to the satisfaction of the Development Authority.
11.
All plant materials shall be a native species or a species capable of healthy growth in Hardisty.
PAGE | 73
INSTITUTIONAL (I) DISTRICT
GENERAL PURPOSE
1.
To provide for public service uses primarily intended to serve the local community, such as schools, medical clinics
and government services.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Campground
Care Facility
Cemetery
Child Care Facility
Place of Worship
Cultural Facility
Resort/Retreat
Educational Facility
Suite, Surveillance
Health Service
Government Service
Parks
Protective and Emergency Service
Sign, A-Frame
Sign, Canopy
Sign, Fascia
Sign, Freestanding
Sign, Portable
Utilities
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
4.
Maximum parcel coverage
50%
5.
Maximum building height
15.2 m (50.0 ft)
6.
Minimum front yard setback
6.0 m (19.7 ft)
7.
Minimum rear yard setback
5.0 m (16.4 ft)
8.
Minimum side yard setback
2.0 m (6.6 ft)
PAGE | 74
PARKS AND RECREATIONAL (P) DISTRICT
GENERAL PURPOSE
1.
To provide land for open space and recreational needs of the Town's residents.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Parking Lot
Parks
Recreational Facility, Indoor
Recreational Facility, Outdoor
Sign, A-Frame
Sign, Canopy
Sign, Fascia
Sign, Freestanding
Sign, Portable
Utilities
PAGE | 75
HARDISTY LAKE PARK (HLP) DISTRICT
GENERAL PURPOSE
1.
To provide for the use and development of Hardisty Lake Park for public recreation purposes, including but not
limited to golf, sports fields, rodeo grounds and campgrounds and natural areas.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Cultural Establishment
Campground
Parking Lot
Parks
Recreational Facility, Indoor
Recreational Facility, Outdoor
Rodeo Grounds
Sign, A-Frame
Sign, Canopy
Sign, Fascia
Sign, Freestanding
Sign, Portable
Utilities
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
4.
Minimum front yard setback
6.0 m (19.7 ft)
5.
Minimum rear yard setback
5.0 m (16.4 ft)
6.
Minimum side yard setback
2.0 m (6.6 ft)
PAGE | 76
URBAN RESERVE (UR) DISTRICT
GENERAL PURPOSE
1.
To reserve lands which are intended for future urban development.
USES
2.
Permitted Uses
3.
Discretionary Uses
Accessory Buildings
Agriculture, Intensive
Agriculture, Extensive
Recreational Facility, Outdoor
Dwelling, Manufactured
Resort/Retreat
Dwelling, Single Detached
Greenhouse and Plant Nursery
Home Occupation, Major
Home Occupation, Minor
Park
Sign, Fascia
Sign, Freestanding
Utilities
DEVELOPMENT REGULATIONS
In addition to the General Provisions in Part H and Special Use Provisions in Part I, the following regulations apply:
4.
Minimum front yard setback
7.5 m (24.6 ft)
5.
Minimum rear yard setback
7.5 m (24.6 ft)
6.
Minimum side yard setbacks
7.5 m (24.6 ft)
ADDITIONAL REQUIREMENTS
7.
There shall be no subdivision of lands designated UR-Urban Reserve, excepting when:
a. an Area Structure Plan, if required to be prepared by Council, has been adopted by bylaw; or
b. a conceptual scheme, if required to be prepared by Council, has been adopted by bylaw or resolution; and
c. a concurrent application for an amendment to this Bylaw has been submitted to and/or approved by
Council.
8.
Prior to approving a development permit application in the Urban Reserve (UR) District, the Development
Authority must be satisfied that the proposed use will not prejudice the future orderly development of the area.
PAGE | 77
PART K | Land Use District Map
LAND USE DISTRICT MAP