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Bylaw
452-11
Prepared by: West Central Planning Agency
#101, 5111 - 50 AVENUE
WETASKIWIN, ALBERTA T9A 0S5
TELEPHONE (780) 352-2215 - FAX (780) 352-2211
[email protected]
Village of Heisler's
LAND USE BYLAW
2
Table of Contents
THE LAND USE BYLAW .............................................................................................................................. 3
OF THE VILLAGE OF HEISLER ................................................................................................................... 3
1.
PURPOSE ............................................................................................................................................. 3
2.
DEFINITIONS ........................................................................................................................................ 3
3.
INTERPRETATION ............................................................................................................................... 6
4.
DEVELOPMENT AUTHORITY ............................................................................................................. 6
5.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD ...................................................................... 7
6.
DEVELOPMENT PERMIT REQUIRED................................................................................................. 7
7.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ....................................................... 7
8.
NON-CONFORMING BUILDINGS AND USES .................................................................................... 8
9.
APPLICATION FOR A DEVELOPMENT PERMIT ................................................................................ 8
10.
PUBLIC CONSULTATION PRIOR TO DECISION ........................................................................... 8
11.
DECISION BY THE DEVELOPMENT AUTHORITY ......................................................................... 9
12.
DEVELOPMENT PERMITS ............................................................................................................ 10
13.
SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT ......................................... 10
14.
NOTICE OF DECISION .................................................................................................................. 10
15.
APPEAL PROCEDURE .................................................................................................................. 10
16.
JUDICIAL REVIEW ......................................................................................................................... 11
17.
CONTRAVENTION ......................................................................................................................... 11
18.
AMENDMENT ................................................................................................................................. 11
19.
FORMS AND FEES ........................................................................................................................ 11
20.
CONTINUATION OF CONTROLS .................................................................................................. 11
21.
REQUIREMENTS OF OTHER AUTHORITIES .............................................................................. 12
22.
LAND USE DISTRICTS AND REGULATIONS ............................................................................... 12
23.
REPEAL OF EXISTING BYLAWS .................................................................................................. 12
24.
DATE OF COMMENCEMENT ........................................................................................................ 13
SCHEDULE A ............................................................................................................................................. 14
GENERAL REGULATIONS ........................................................................................................................ 14
1.
CONTAMINATED SITES .................................................................................................................... 14
2.
DESIGN, CONSTRUCTION, AND TREATMENT OF BUILDINGS .................................................... 14
3.
DECKS ................................................................................................................................................ 14
4.
FENCES .............................................................................................................................................. 14
5.
GARAGES ........................................................................................................................................... 15
6.
GRADING OF LOTS ........................................................................................................................... 15
7.
LIVESTOCK ........................................................................................................................................ 15
8.
MOVED IN BUILDINGS ...................................................................................................................... 15
9.
OVERHANGS AND ENCROACHMENTS WITHIN A LOT ................................................................. 16
10.
PROHIBITED OBJECTS IN YARDS ............................................................................................... 16
11.
SIGNS ............................................................................................................................................. 16
12.
UTILITY BUILDINGS AND EQUIPMENT ....................................................................................... 17
13.
YARDS AND SETBACKS ............................................................................................................... 17
SCHEDULE B ............................................................................................................................................. 18
REGULATIONS FOR LAND USE DISTRICTS ........................................................................................... 18
1.
Regulations for the Single Family Residential District (R1) ................................................................. 18
2.
Regulations for the General Residential District (R2).......................................................................... 20
3.
Regulations for the Residential Manuafactured Home District (RMH) ................................................ 22
4.
Regulations for the Downtown Commercial District (C1) .................................................................... 24
5.
Regulations for the Highway Commercial District (C2) ....................................................................... 26
6.
Regulations for the Industrial District (IND) ......................................................................................... 28
7.
Regulations for the Institutional and Public Uses District (IPU)........................................................... 30
SCHEDULE C ............................................................................................................................................. 31
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BYLAW 452-11
THE LAND USE BYLAW
OF THE VILLAGE OF HEISLER
Pursuant to Part 17 of the Municipal Government Act, the Council of the Village of Heisler, in the Province
of Alberta, duly assembled, hereby enacts as follows:
1.
PURPOSE
The purpose of this bylaw is to regulate and control the use and development of land and buildings within
the municipality to achieve the orderly and economic development of land, and for that purpose, among
other things,
1.1.
to divide the municipality into districts;
1.2.
to prescribe and regulate for each district the purposes for which land and buildings may
be used;
1.3.
to establish the office of Development Authority;
1.4.
to establish a method of making decisions on applications for development permits
including the issuing of development permits;
1.5.
to prescribe a procedure to notify owners of land likely to be affected by the issue of a
development permit; and
1.6.
to establish a procedure for appeals against the decisions of the Development Authority.
2.
DEFINITIONS
In this bylaw:
Abut or abutting means immediately contiguous to or physically touching, and when used in respect of a
lot, means that the two abutting lots share a property line.
Accessory building means a building separate and subordinate to the main building, the use of which is
incidental to that main building and is located on the same lot. A garage attached to a main building it is
deemed to be part of the main building.
Accessory use means a use customarily incidental and subordinate to the main use or building and
located on the same lot with such main use or building.
Act means the Municipal Government Act and the regulations pursuant thereto.
Apartment building means a building containing at least three separate dwellings which share a
common entrance from outside the building.
Applicant means an owner, agent or any person, firm, or company required to obtain or having obtained
a development permit.
Bed and breakfast establishment means a business operated in a private house in which up to three
rooms are made available for rent to short-term paying guests.
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Church means a place of worship of any faith.
Council means the Council of the Village of Heisler.
Detached house means a building which contains one dwelling unit and which may also contain one
"granny" or "nanny" or basement suite of conventional construction.
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.
Duplex means a building containing two dwelling units side by side, sharing a common wall, with separate
outside entrances for each dwelling unit. It does not mean one dwelling unit above another.
Dwelling means self-contained living premises with cooking, eating, living, sleeping, and sanitary facilities
for domestic use of one or more individuals.
Family day home means a day care business operated by an individual in her own home.
Front means, in the case of a corner lot, the shorter side.
Front yard means that portion of the site extending across the full width of the lot from the front property
boundary of the lot to the nearest portion of the exterior wall of the building, and shall be measured at right
angles to the front property boundary. Where a lot fronts on two or more streets, the Development
Authority may designate one or more streets as the front of the lot.
Grade means the average elevation of the corners of a lot.
Granny or nanny suite means a self contained suite within a detached residence, intended for use by a
dependent or servant of the owner or occupier of the detached residence, and not rented or leased.
Group home means a facility which provides accommodation for people who require assistance in daily
living on account of age or disability, or who are undergoing rehabilitation, and where qualified staff are
present at all times.
Height (of a building) means the vertical distance from grade level to the highest point on the roof of the
building, but excluding chimneys and aerials.
Home business means a business, trade, craft occupation, storage activity, or other commercial
operation on a residential lot on a scale greater than a home office.
Home office means an office in a dwelling which:
a. is not visited by a significant number of clients,
b. does not change the external appearance or residential character of the dwelling, and
c. is carried on only by the residents of that dwelling,
d. and includes child care for up to three children who do not live at that place.
Lot means an individual lot or parcel for which a title has been issued under the Land Titles Act, or, where
two or more lots are "tied" for assessment purposes, or are included in a single title, the area
encompassed by the two or more lots.
Main building means a building in which is conducted the main or principal use of the lot on which it is
erected.
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Manufactured home means a new (5 years or newer) residential building containing one dwelling unit,
built in a factory and transported in one or more sections to a suitable site. It will be manufactured in full
compliance with both the Canadian Standards Association Standard CSA Z240 and the Alberta Building
Code (ABC). Each section will incorporate longitudinal steel frame rails under the floor that become part of
the permanent surface foundation system on which the home is supported. Manufactured homes typically
have a long, narrow rectangular plan, low roof pitch, narrow eaves and meet current. Manufactured homes
have replaced mobile homes, which are no longer built in Alberta.
Modular home means a method of constructing a home in large sections, away from the home site,
and under controlled conditions. The type of home that is constructed is determined by the building code
which is complies and design criteria that determine whether the structure type is single detached or multi-
family, single level or multi-storey. The term modular does not describe a type of home, just as the term
site-built does not describe a type of home. They both describe a construction method.
Mobile home means a manufactured home which does not meet current Canadian Standards
Association Standard CSA Z240 and the Alberta Building Code (ABC). Mobile homes at one time
commonly referred to as trailers and are no longer built in Alberta.
Municipality means the Village of Heisler.
Owner means, in addition to the meanings set out in the Act, a purchaser of the fee simple estate in the
land under an agreement for sale that is the subject of a caveat registered against the Certificate of Title
of the land, and any assignee of the purchaser's interest that is the subject of a caveat registered against
the Certificate of Title.
Parking stall means an indoor or outdoor area at least 6 metres in length and 3 metres in width, reserved
for the parking of motor vehicles, with a surface of concrete, paving, or gravel.
Permitted use means the use of land or a building provided for in this bylaw, and for which, if it complies
in every way with this bylaw, a development permit shall be issued with or without conditions as provided
for in this bylaw.
Rear yard means that portion of the site extending across the full width of the lot from the rear property
boundary of the lot to the nearest portion of the exterior wall of the building, and shall be measured at right
angles to the rear property line.
Residence means any building or structure used exclusively or primarily for human habitation and
includes multiple dwellings, apartments, lodging, and boarding houses, and (unless more closely defined
for the purposes of one section of the bylaw) includes manufactured and modular houses and also
residential suites in non-residential buildings.
Road means the entire width of the right-of-way of a road or lane shown on a township plan, road plan, or
plan of subdivision, and not only the built travelling surface.
Service station means a business selling motor fuels to the public, and includes freestanding service
stations, gas bars, and the fuel sales component of any automobile supply or repair business.
Setback means the distance between the closest part of the foundations of a building and the front, side,
or rear property line of the lot, measured at right angles to that property line.
Side yard means that portion of the site extending from the front yard to the rear yard and lying between
the side property boundary of the lot and the nearest portion of the exterior wall of the building, and shall
be measured at right angles to the side property boundary.
Sign means an object or device primarily intended to advertise or call attention to any person, matter,
thing, or event.
Suite means an area within a residence which provides a self contained living area with its own cooking
and bathroom facilities.
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Use means a use of land or a building as determined by the Development Authority, or on appeal by the
Subdivision and Development Appeal Board.
Utility building means a building in which the proprietor of a utility company maintains his office(s) and/or
maintains or houses any equipment used in connection with the utility.
Yard means the open space between the outside wall of the main building on a lot and the boundaries of
that lot.
3.
INTERPRETATION
3.1.
Any doubt as to the meaning of a word, or the boundaries of a land use district shown on
Schedule D, shall be settled by a resolution of Council.
3.2.
In accordance with Alberta Land Titles practice, all areas and distances in this bylaw are
in metric measure. Imperial equivalents are given as a convenience but may not be exact.
In case of conflict, the metric measure shall govern.
3.3.
The words he, him, and his are to be read as she, her, and hers, and the singular is to be
read as the plural, as the case requires.
3.4.
Where the boundary of a lot is also the boundary between two land use districts, and the
lot boundary is then changed through subdivision, the land use classification follows the new
boundary.
3.5.
Where a road is closed and added to an adjacent parcel, the added area takes the land
use classification of the parcel to which it is added.
3.6.
Building setbacks are measured from the footings of the building, not from overhangs.
3.7.
Where this bylaw allows an exercise of discretion or judgement, the discretion or
judgement is that of the Development Authority, or on appeal that of the Subdivision and
Development Appeal Board.
4.
DEVELOPMENT AUTHORITY
4.1.
The office of Development Authority is hereby established and shall be filled by a person
appointed by resolution of Council. In the absence of such a resolution, the Chief Adminis-
trative Officer is the Development Authority.
4.2.
The Development Authority shall:
4.2.1.
maintain a copy of this bylaw as amended, and make it available to any person on a
cost recovery basis;
4.2.2.
maintain a register of all applications, the decisions made on them, and the reasons
for those decisions, and make it available to any person at no charge;
4.2.3.
review and process all applications for a development permit, and make and issue a
decision in accordance with this bylaw;
4.2.4.
enforce this bylaw in conformance with the Act; and
4.2.5.
carry out the other duties imposed on him by this bylaw and the Act.
4.3.
For the purposes of Section 542 of the Act, the Development Authority is an authorized
person of the municipality.
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4.4.
The Development Authority may also be referred to as the Development Officer.
5.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board established by bylaw shall hear and decide upon
appeals against the decision (or lack of decision) of the Development Authority.
6.
DEVELOPMENT PERMIT REQUIRED
No development other than that listed in Section 7 shall be undertaken within the municipality
unless an application for it has been approved and a development permit has been issued.
7.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following development shall not require a development permit:
7.1.
Those uses of land or a building which are exempt under Section 618 or 619 of the Act or
under regulations pursuant to those sections;
7.2.
The completion and use of a building which was lawfully under construction at the date
of adoption of this bylaw;
7.3.
The use of a building or property which was authorized under a previous bylaw;
7.4.
The maintenance of or repair to any building, provided that such works do not include
structural alterations or major works of renovation;
7.5.
Internal alterations to a building, provided these alterations do not result in an increase
in the number of dwelling units in the building (but a permit under the Safety Codes Act may
still be required);
7.6.
The construction of gates, fences, walls, or other means of enclosure (other than on
corner lots or where abutting on a road used by vehicular traffic) less than 1 metre in height
in front yards and less than 1.5 metres in side and rear yards, and subject to Section 4 of
Schedule A;
7.7.
Landscaping and paving, provided that grades and water flows are not substantially
altered;
7.8.
The construction or maintenance of any utility, work, or improvement undertaken by the
municipality or a utility in a street or utility lot;
7.9.
The construction and maintenance of a railway line,
7.10.
A temporary building or sign, the sole purpose of which is incidental to the erection or
alteration of a building for which a permit has been issued under this bylaw;
7.11.
A change of use or ownership of land or an existing building where the new use is
permitted in that land use district and conforms in every way with this bylaw;
7.12.
New single storey buildings, not on permanent foundation, under 15 square metres (160
sq ft) in size which are accessory to a residential use. These buildings are bound by yard
and setback rules.
8
8.
NON-CONFORMING BUILDINGS AND USES
If a building or land use is not allowed in this bylaw, but was legally in existence at the date of
passage of this bylaw, it may continue legally as a non-conforming use and be maintained,
pursuant to Section 643 of the Act, but it may not be enlarged or replaced except pursuant to
Section 11.6 of this bylaw.
9.
APPLICATION FOR A DEVELOPMENT PERMIT
9.1.
An application for a development permit shall be made to the Development Authority in
writing on the appropriate form, signed by the owner or his authorized agent, and shall be
accompanied by:
9.1.1.
a statement of the former, present, and proposed use of a lot and any buildings on it;
9.1.2.
the legal description and municipal address;
9.1.3.
a site plan drawn to scale and showing the boundaries of the lot, the locations of
existing and proposed buildings, any front, rear, and side yards, any provision for
off-street loading and vehicle parking, and access and egress points to the site;
9.1.4.
a sketch of all easements and utilities, and the proposed connections to utilities;
9.1.5.
the proposed site grading and drainage;
9.1.6.
the estimated commencement and completion dates of any construction;
9.1.7.
the estimated cost of the project or contract price; and
9.1.8.
the appropriate fee.
9.2.
The Development Authority may also request:
9.2.1.
details of the proposed finish of the building and the landscaping of the lot;
9.2.2.
a real property report drawn by an Alberta Land Surveyor, if there is any doubt as to
the boundaries of the lot;
9.2.3.
engineering and other reports to prove the safety and suitability of the site for the
purpose intended, including a declaration that the site is free from contamination; and
9.2.4.
a copy of the current title to the lot.
9.3.
In the case where an application for a development permit has been refused initially or on
appeal, the Development Authority may refuse to accept another application for a permit on
the same property, and for the same or similar use of the land by the same or any other
applicant for six months after the date of previous refusal, unless the circumstances have
changed sufficiently to warrant otherwise.
10.
PUBLIC CONSULTATION PRIOR TO DECISION
Before deciding on an application for a development permit for a discretionary use, or before
relaxing or waiving or interpreting any part of the bylaw, the Development Authority may at his
discretion consult the owners of nearby land by mail or by advertising in the local newspaper, and
if the neighboring landowners reply within 14 days, the Development Authority shall consider their
comments and recommendations before issuing a development permit.
9
11.
DECISION BY THE DEVELOPMENT AUTHORITY
11.1.
The Development Authority shall decide on all applications for a development permit.
11.2.
The Development Authority shall decide upon an application for a development permit
within 40 days of receiving a complete application.
11.3.
An applicant for a development permit may authorize the Development Authority, in
writing, to take a longer period of time to make a decision.
11.4.
An application for a development permit may, at the option of the applicant, be deemed to
be refused when a decision is not made on it by the Development Authority within 40 days
after receipt of the application by the Development Authority, and the applicant may appeal
as if the application had been refused.
11.5.
In the case where a proposed specific use of land or a building is not provided for in any
district in this bylaw, the Development Authority may determine that such use is similar in
character and purpose to a permitted or discretionary use prescribed for that district in
Schedule B, and approve it.
11.6.
The Development Authority may approve an application for a development permit,
notwithstanding that the proposed development does not comply with this bylaw, if, in his
opinion:
11.6.1. the proposed development would not:
11.6.1.1.
unduly interfere with the amenities of the neighbourhood, or
11.6.1.2.
materially interfere with or affect the use, enjoyment, or value of
neighboring parcels of land, and
11.6.2. the proposed development conforms with the use prescribed for the land or building
in this bylaw,
11.6.3. and this power extends to nonconforming buildings pursuant to Section 643(5)(c) of
the Act.
11.7.
In making a decision, the Development Authority may approve the application
unconditionally, or impose conditions considered appropriate, permanently, or for a limited
period of time, or refuse the application.
11.8.
When the Development Authority refuses an application for a development permit, the
decision shall contain reasons for the refusal.
11.9.
The Development Authority may issue a development permit subject to the condition that
the applicant:
11.9.1. amends the proposal to conform with this or other bylaws;
11.9.2. pays an off-site levy or redevelopment levy imposed by bylaw;
11.9.3. enters into an agreement pursuant to Section 650 of the Act concerning servicing of
the site;
11.9.4. registers an easement to protect a utility line;
11.9.5. repairs any municipal improvements that may be damaged as a result of the
development;
10
11.9.6. finishes a building, or landscapes or paves a lot within a stated time;
11.9.7. grades a lot to the satisfaction of the municipality;
11.9.8. supplies parking to meet the requirements of the bylaw; or
11.9.9. deposits cash, a letter of credit, or a performance bond guaranteeing that any of the
above conditions are met.
12.
DEVELOPMENT PERMITS
12.1.
A development permit does not come into effect until 14 days after the date of issue, and
if a person starts construction prior to that, he does so at his own risk because the permit
may be overturned on appeal.
12.2.
If a valid appeal is made pursuant to this bylaw, a development permit which has been
granted is suspended.
12.3.
A decision of the Development Authority on an application for a development permit shall
be given in writing and a copy of it sent to the applicant and to any person who has
expressed an interest in the matter.
13.
SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT
13.1.
If the development authorized by a permit is not commenced within 12 months from the
date of issuance, or carried out with reasonable diligence, the permit is void, unless an
extension has previously been granted by the Development Authority.
13.2.
If a Development Permit was issued in error or was obtained through misrepresentation,
the Development Authority may revoke it by sending a notice to the applicant by registered
mail.
14.
NOTICE OF DECISION
When a permit has been granted for a discretionary use, or pursuant to Subsections 11.5 or 11.6
of this bylaw, the Development Authority:
14.1.
shall immediately mail a notice in writing to the registered owners of all land within 50
metres (165 feet) and to any other person who may, in his opinion, be affected; and
14.2.
may immediately publish in a newspaper circulating in the municipality a notice stating the
location of the property for which the application has been made and the use approved; and
14.3.
may post a notice of the decision conspicuously on the property for which the application
has been made,
14.4.
and the notice shall set out the rights of persons to appeal against the issuance of the
Development Permit.
15.
APPEAL PROCEDURE
15.1.
An appeal against a decision of the Development Authority shall be launched by filing
notice, with the appropriate fee, with the Secretary of the Subdivision and Development
Appeal Board.
15.2.
The procedure for hearing and determining appeals against a decision of the
Development Authority shall be as set out in Sections 684 to 687 of the Act.
11
15.3.
No appeal lies against a development permit for a permitted use unless the bylaw was
relaxed, varied, or misinterpreted.
15.4.
In making its decision, the Board is bound by the uses of land set out in this bylaw, and
shall have regard for all other parts of this bylaw and all statutory plans, as required by
section 680(2) of the Act.
16.
JUDICIAL REVIEW
A decision of the Subdivision and Development Appeal Board is final and binding on all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to Section 688 of the Act.
17.
CONTRAVENTION
17.1.
If the Development Authority finds that a development or use of land or buildings is not in
accordance with:
17.1.1. the Act or Regulations, or
17.1.2. a development permit or subdivision approval, or
17.1.3. this bylaw,
17.1.4. he may proceed in accordance with Sections 541 to 556 and/or Sections 645 and 646
of the Act.
17.2.
Contravention of this bylaw is an offence and is subject to a fine not more than $500.00
under Section 566 of the Act.
18.
AMENDMENT
18.1.
A person may apply to have this bylaw amended, by applying in writing, giving reasons in
support of the application, and paying the appropriate fee.
18.2.
An application to change the district of any land may be initiated only by the owner of that
land, or his agent, or by the municipality.
18.3.
A proposal to amend the bylaw must be advertised in the same way as a Notice of
Decision as set out in Section 14.
19.
FORMS AND FEES
19.1.
Council may by resolution adopt fees and forms for the administration of thus bylaw.
19.2.
Fees and forms in force under the previous bylaw continue in effect until amended by
resolution of Council.
20.
CONTINUATION OF CONTROLS
A condition attached to a development permit issued under a former bylaw continues under this
bylaw.
12
21.
REQUIREMENTS OF OTHER AUTHORITIES
21.1.
A development authorized under this bylaw is subject to Federal, Provincial or Municipal,
other bylaws, statutory plans, inter-municipal agreements, and any easements, caveats,
covenants, and other encumbrances on the title to the land in question.
21.2.
A development permit issued under this bylaw is void to the extent that it conflicts with any
provincial and federal law, other bylaws, statutory plans, inter-municipal agreements, and
any easements, caveats, covenants, and other encumbrances on the title to the land in
question.
21.3.
Nothing in this bylaw removes the obligation of a person to obtain other permits, licenses,
or approvals under other legislation.
22.
LAND USE DISTRICTS AND REGULATIONS
22.1.
In all parts of the municipality, development is regulated as set out in Schedule A
(General Regulations).
22.2.
Within individual districts, development is regulated as set out in Schedule B
(Regulations for Land Use Districts).
22.3.
For the purposes of this bylaw the municipality is divided into the following districts:
R1
Single Family Residential
R2
General Family Residential
RMH
Residential Manufactured Home
C1
Downtown commercial
C2
Highway commercial
IND
Industrial
IPU
Institutional and public uses
22.4.
Within individual districts, parking and loading is regulated as set out in Schedule C
(Parking & Loading).
22.5.
The boundaries of these districts are set out on the map forming Schedule D (Village of
Heisler's Land Use Districts).
22.6.
Where a lot boundary is the boundary of a land use district, the boundary of that lot is
changed, and the land classification is adjusted to conform to the new lot boundary.
22.7.
Roads and other land to which no title has been issued are not included in any land use
district.
22.8.
Schedules A, B, C, and D contained herein form part of and have full force in this bylaw.
23.
REPEAL OF EXISTING BYLAWS
All previous zoning, development control, and land use bylaws, including Bylaw 315/05 and any
amendments thereto, are repealed.
13
24.
DATE OF COMMENCEMENT
This bylaw comes into effect upon the date of third reading.
First reading
______________
Public hearing
______________
Second reading
______________
Third reading
______________
_____________________
Mayor (original signed by)
_____________________
CAO (original signed by)
14
SCHEDULE A
GENERAL REGULATIONS
1.
CONTAMINATED SITES
If it appears to the Development Authority that the site may be contaminated as a result of the
former use, or if an application for a development permit indicates that the site was previously
used for another purpose, the Development Authority may require the applicant to supply
evidence that the site is free of contamination and suitable for the proposed use, and lacking such
information, the Development Authority may refuse the application.
2.
DESIGN, CONSTRUCTION, AND TREATMENT OF BUILDINGS
The Development Authority may refuse to issue a development permit for a building if the size,
design, construction, or treatment is, in his opinion, incompatible with the neighboring buildings.
3.
DECKS
For the purpose of establishing yards and setbacks:
3.1.
a deck which is attached to a main building, and which has a walking surface 60 cm (2
feet) or more above ground, is deemed to be part of the main building; and
3.2.
a deck which has a walking surface less than 60 cm (2 feet) above ground is not bound
by yard and setback requirements.
4.
FENCES
4.1.
In residential districts, no fence shall be higher than 1.75 metres (6 feet) in side and rear
yards and no higher than 1 metres (3 feet) in front yards.
4.2.
The height limits for front yards also apply to any side of a lot facing or flanking a street.
4.3.
The maximum fence heights allowed in this section do not apply to swimming pools,
which are governed by the Alberta Building Code.
4.4.
Barbed wire may be used only:
4.4.1.
for fences surrounding land on which the grazing of livestock is allowed, and
4.4.2.
as the top strand of a fence in a commercial or industrial district, and provided the top
strand is at least 1.75 metres (6 feet) above ground level.
4.5.
No electric fence shall be constructed except as an internal cross-fence on land on which
grazing of livestock is allowed.
4.6.
Subject to the foregoing, no development permit is required for fences or gates.
15
5.
GARAGES
In front of the vehicle doors of every garage there shall be a parking area entirely located on the
lot, as shown in Figure 1.
6.
GRADING OF LOTS
6.1.
No land shall be filled or raised, and no grading or drainage shall be undertaken, unless a
development permit has been issued for the work.
6.2.
In no case shall the water from one lot drain on to another lot unless this is explicitly
allowed in a development permit AND the person whose lot is being drained has the written
permission of the person whose land will receive the water.
6.3.
An application for a development permit application for a new building shall include a lot
grading and drainage plan showing existing and proposed ground levels on the lot in
question and on neighboring lots, roads, and lanes, and shall normally provide for a
minimum 4% slope away from buildings.
7.
LIVESTOCK
7.1.
No livestock other than normal domestic pets in reasonable numbers shall be kept in the
municipality.
7.2.
This section does not apply to auction marts, veterinary clinics, or other commercial
establishments which deal with animals in the ordinary course of their business.
8.
MOVED IN BUILDINGS
8.1.
Existing buildings, both stick-built and manufactured, may be moved on to a lot in the
municipality where this is explicitly allowed in the regulations for the particular land use
district.
8.2.
A person wishing to move an existing building on to a lot shall make an application for a
development permit in the usual way and shall also provide:
8.2.1.
photographs showing all sides of the building;
8.2.2.
a statement of the type of construction, condition, and age of the building; and
8.2.3.
a statement of proposed improvements with an estimate of costs.
8.3.
The Development Authority may inspect the building which is proposed to be moved in, or
have another qualified person do so, and in either case the expenses of such inspection,
including the inspector's time, shall be paid by the applicant before any development permit
is issued.
8.4.
The Development Authority shall consider whether the building is compatible with the
character of the neighbourhood in which it is proposed to be set, and may refuse a
development permit if, in his opinion, the building is unsuitable.
8.5.
The Development Authority may issue a development permit subject to such conditions
as he believes necessary to bring the building up to a suitable standard within 12 months
from the date of issuance of the development permit.
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8.6.
The Development Authority may also require a performance bond under Section 11.9.9 of
this Bylaw.
8.7.
This section does not apply to new storage sheds, or to temporary buildings authorized
under Section 7.9 of the bylaw, or to new manufactured houses being moved in to a district
where they are a permitted or discretionary use.
9.
OVERHANGS AND ENCROACHMENTS WITHIN A LOT
9.1.
Balconies and decks may encroach into yards by the following distances:
9.1.1.
1.5 metres (5 feet) into yards of 4 metres (13 feet) or more, and
9.1.2.
60 cm (2 feet) into yards of less than 4 metres (13 feet).
9.2.
Other features attached to a building such as bay windows, chimneys, eaves, open steps,
and sills may encroach into the yards required by Schedule D by the following distances:
9.2.1.
60 cm (2 feet) into yards of 1.5 metres (5 feet) or more, and
9.2.2.
45 cm (18 inches) into yards of less than 1.5 metres (5 feet).
10.
PROHIBITED OBJECTS IN YARDS
10.1.
In a residential district, no person shall keep a vehicle weighing greater than 4500 kg for
longer than is reasonably necessary to unload the vehicle.
10.2.
Despite Section 10.1 above, a motor home or other recreational vehicle may be stored in
the back or side yards of a residential lot.
10.3.
In a residential district, no person shall keep visible any wrecked or partially dismantled
vehicle, or any other object which in the opinion of the Development Authority is unsightly or
offensive.
10.4.
Radio and TV receiving dishes, antennas, and aerials, larger than 1 metre in diameter,
shall not be located in a front yard of a residential district.
10.5.
Garbage shall be contained in weatherproof and animal-proof containers.
11.
SIGNS
11.1.
Except as set out in Section 11.2 below, no sign shall be placed within the municipality
unless a development permit has been obtained.
11.2.
No permit is required for a sign which:
11.2.1. identifies the address or function of a building or parcel on which the sign stands, or
11.2.2. advertises a sale or event taking place that day, or
11.2.3. offers for sale or rent the parcel on which it stands, or
11.2.4. advertises a business or activity taking place on that parcel, or
11.2.5. advertises a product, service, or commodity offered for sale or rent on that parcel,
11.2.6. is not visible from a public road or park, or
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11.2.7. is erected by a government or school authority, or
11.2.8. concerns an election.
11.3.
Signs not listed in Section 11.2 above are deemed to be discretionary uses in all districts.
11.4.
The Development Authority may immediately remove any sign, including those listed in
Section 11.2 above, if in his opinion
11.4.1. it is a danger to public safety because if its condition or because it obstructs the view
of drivers, or
11.4.2. it devalues adjacent properties.
12.
UTILITY BUILDINGS AND EQUIPMENT
The Development Authority may waive or relax siting and yard regulations where this is necessary
for the efficient operation of a public utility system.
13.
YARDS AND SETBACKS
13.1.
Where a lot abuts two or more roads, the Development Authority may require that front
yard setbacks be observed from more than one road.
13.2.
Where land is likely to be re-subdivided in future, the Development Authority may require
that any new building be located as if the subdivision was already in effect.
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SCHEDULE B
REGULATIONS FOR LAND USE DISTRICTS
1.
REGULATIONS FOR THE SINGLE FAMILY RESIDENTIAL DISTRICT (R1)
1.1.
Purpose
The purpose of the R1 district is to provide land for single family residences and for accessory uses other
uses which are compatible with residential use.
1.2.
Permitted Uses
The following uses are permitted:
New detached houses of conventional construction, but excluding manufactured and mobile houses;
Home offices;
Parks;
Unattended utility installations;
New buildings and uses accessory to the above, but no accessory building shall be constructed before
there is a main building on the lot
1.3.
Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
Basement, granny and nanny suites in detached residences;
Bed and breakfast establishments;
Moved-in buildings;
Family day homes;
Home businesses;
Buildings and uses accessory to the above
1.4.
Density of Development
Only one detached residence and one suite shall be built on each lot.
1.5.
Lot Area
A lot for a detached residence shall have an area of at least 500 square metres (5,382 sq ft).
All other lots shall have an area sufficient to give the required yards, setbacks, and site coverage.
1.6.
Lot Width
A lot for a detached residence shall have a width of at least 15 metres (50 feet).
On a pie-shaped lot, the width is measured at the building line.
All other lots shall have a width sufficient to give the required yards and setbacks.
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1.7.
Site Coverage
No more than 40% of the area of a lot shall be covered by buildings.
1.8.
Maximum Height of Buildings
No building height shall exceed 10 metres (33 feet) from grade to roof peak.
1.9.
Front Setback
The main building shall be set back at least 6 metres (20 feet) from the front boundary of the lot and no
accessory buildings shall be constructed in the front yard.
Where a lot abuts two or more roads, the Development Authority may require that front yard setbacks be
observed from more than one road.
1.10.
Rear Setback
The main building shall be set back at least 6 metres (20 feet) from the rear boundary of the lot.
Accessory buildings shall be set back at least 1 metre (3 feet) from the rear boundary of the lot.
Garages shall be situated so that there is a parking stall at least 6 metres in length between the vehicle
doors and the road or lane used for vehicular access, as shown in Figure 1.
1.11.
Site Setback
Main buildings shall be set back at least 1.5 metres (5 feet) from the side property line
On a lot which is not served by a lane or flanking street, one side yard shall be at least 3.0m (10 feet) to
provide vehicle access to the rear yard.
Accessory buildings shall be set back at least 1 metre (3 feet) from the side property line.
See also Section 1.9 Front Setback above regarding flanking streets.
1.12.
Parking
Each detached residence shall have two off-street parking stalls.
A suite within a detached residence shall have one off-street parking stall in addition to the two required
above.
Non-residential land uses shall have sufficient parking to the satisfaction of the Development Authority,
using the numbers set out in Schedule C.
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2.
REGULATIONS FOR THE GENERAL RESIDENTIAL DISTRICT (R2)
2.1.
Purpose
The purpose of the R2 district is to provide land for general family residences and for accessory uses
other uses which are compatible with residential use.
2.2.
Permitted Uses
New detached houses of conventional construction, but excluding manufactured and mobile homes;
Accessory buildings;
Home offices;
Parks;
Unattended public utility buildings and installations;
New buildings and uses accessory to the above, but no accessory building shall be constructed before
there is a main building on the lot.
2.3.
Discretionary Uses
New manufactured homes having at least 102 square metres (1,098 square feet) of finished floor area
Duplexes, triplexes, fourplexes, row housing, and apartment;
Basement, granny and nanny suites in detached residences
Moved-in buildings, but excluding mobile homes;
Home businesses;
Bed & Breakfast Establishments;
Buildings and uses accessory to the above
2.4.
Density of Development
Only one detached residence and one suite shall be built on each lot unless the dwelling is part of a
duplex building.
2.5.
Lot Areas
A lot for a detached residence or an unsubdivided duplex shall have an area of at least 500 square metres
(5,382 sq ft).
A lot for a subdivided duplex shall have an area of at least 250 square metres (2,690 sq ft).
All other lots shall have an area sufficient to give the required yards, setbacks, and site coverage.
2.6.
Lot Width
A lot for a detached residence or an unsubdivided duplex shall have a width of at least 15 metres (50
feet).
On a pie-shaped lot, the width is measured at the building line.
A lot for a subdivided duplex shall have a width of at least 7.5 metres (265 ft).
All other lots shall have a width sufficient to give the required yards and setbacks.
2.7.
Site Coverage
No more than 40% of the area of a lot shall be covered by buildings.
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2.8.
Maximum Height of Buildings
No building height shall exceed 10 metres (33 feet) from grade to roof peak.
2.9.
Front Setback
The main building shall be set back at least 6 metres (20 feet) from the front boundary of the lot, and no
accessory buildings shall be constructed in the front yard.
Where a lot abuts two or more roads, the Development Authority may require that front yard setbacks be
observed from more than one road.
2.10.
Rear Setback
The main building shall be set back at least 6 metres (20 feet) from the rear boundary of the lot.
Accessory buildings shall be set back at least 1 metre (3 feet) from the rear boundary of the lot.
Garages shall be situated so that there is a parking stall at least 6 metres in length between the vehicle
doors and the road or lane used for vehicular access, as shown in Figure 1.
2.11.
Site Setback
Main building exceeding two storeys shall be set back at least 4.5 metres (15 ft) from the side property
line.
Other main buildings shall be set back at least 1.5 metres (5 feet) from the side property line
On a lot which is not served by a lane or flanking street, one side yard shall be at least 3.0m (10 feet) to
provide vehicle access to the rear yard.
Accessory buildings shall be set back at least 1 metre (3 feet) from the side property line.
See also Section 2.9 Front Setback above regarding flanking streets.
2.12.
Parking
Each detached, duplex, triplex and fourplex residence shall have two off-street parking stalls.
A suite within a detached residence shall have one off-street parking stall in addition to the two required
above.
Apartments shall have 1.5 off-street parking stalls for each suite.
Non-residential land uses shall have sufficient parking to the satisfaction of the Development Authority,
using the numbers set out in Schedule C.
2.13.
Special Regulation for Emergency Vehicle Access
On at least two sides of any apartment building exceeding two stories in height (one of which sides shall
be the longest face of the building) there shall be firm level areas accessible from the road by fire fighting
equipment for at least 75% of the length of these two sides of the building. Such areas shall be not less
than 5 metres (17 feet) in width and not more than 3 metres (10 feet) from the building, and no obstruction
shall be sited therein.
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3.
REGULATIONS FOR THE RESIDENTIAL MANUAFACTURED HOME
DISTRICT (RMH)
3.1.
Purpose
The purpose of the Modular Home District is to create a place where new manufactured & mobile homes
are the dominant form of land use.
3.2.
Permitted Uses
New manufactured homes having at least 102 square metres (1,098 square feet) of finished floor area
Home offices
Parks
Unattended public utility buildings and installations
New buildings and uses accessory to the above, but no accessory building shall be constructed before
there is a main building on the lot.
3.3.
Discretionary Uses
Manufactured or Mobile homes having less than 102 square metres (1,098 square feet) of finished floor
area
Older Manufacture or Mobile homes (more than 5 years)
Basement, granny and nanny suits in detached residences
Bed and breakfast establishments
Moved-in buildings
Family day homes
Home businesses
Building and uses accessory to the above
3.4.
Density of Development
Only one dwelling is permitted on each parcel.
3.5.
Parcel Dimensions
Parcels shall have a width no less than 12 metres (40 feet).
Parcels at the intersection of two streets shall have a width of no less than 15 metres (49 feet).
Parcels shall have a depth no less than 30 metres (100 feet).
3.6.
Yard Requirements
Front and rear yards: no less than 6 metres (20 feet)
Side yards: no less than 1.5 metres (5 feet), but a parcel with no lane and no flanking street shall have
one side yard no less than 3 metres (10 feet).
Side yard on flanking street: 3 metres (10 feet)
3.7.
Site Coverage
Buildings shall cover no more than 40% of the area of the parcel.
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3.8.
Parking
Each parcel shall have at least two off-street parking spaces. Parking spaces shall be levelled,
adequately drained, and hard-surfaced with gravel, concrete, or asphalt.
None-residential land uses shall have sufficient parking to the satisfaction of the Development Authority,
using the numbers set out in Schedule C.
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4.
REGULATIONS FOR THE DOWNTOWN COMMERCIAL DISTRICT (C1)
4.1.
Purpose
The purpose of the C1 district is to provide land for high density commercial activities in the downtown
area.
4.2.
Permitted Uses
The following uses are permitted:
Retail stores except those listed below as discretionary
Professional, financial, and service businesses except those listed below as discretionary
Clubs, associations, churches, and lodges, except those listed below as discretionary
Government buildings
Residences above the main floor
Buildings and uses accessory to the above
4.3.
Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
Establishments selling or dispensing alcohol for consumption on or off the premises
Establishments providing 'adult' entertainment or selling 'adult' products
Gambling establishments
Amusement arcades
Pawnbrokers
Businesses which sell gasoline or auto parts, or sell or repair motor vehicles. (Rules for these businesses
shall be the same as if they were located in the C2 district.)
Businesses selling lumber or other flammable products
Drive-in businesses
Day care and group care facilities
Residences at street level
Hotels and motels
Moved-in buildings
Buildings and uses accessory to the above
Note: auto wreckers are neither a permitted nor a discretionary use in the C1 district.
4.4.
Lot Width
A lot for a commercial use shall have a width of at least 5 metres (16 feet)
A lot for residential use shall have a width of at least 10 metres (33 feet)
4.5.
Site Coverage
Commercial buildings may cover 100% of the lot.
Allowable site coverage for residential buildings shall be set by the Development Authority in each case.
4.6.
Maximum Height of Buildings
The maximum allowable building height shall be determined by the Development Authority bearing in mind
the requirements of the Alberta Building Code and the recommendations of the fire department.
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4.7.
Front Setback
Residences shall be set back at least 6 metres from the front property line.
No front setback is required for other buildings.
4.8.
Rear Setback
Residences shall be set back at least 6 metres from the rear property line.
No rear setback is required for other buildings.
4.9.
Side Setback
If the walls of a building are constructed of concrete block or other incombustible material, no side setback
is required by this bylaw, but the Alberta Building Code shall govern.
If the walls of a building are constructed of combustible material, the building shall be set back at least 1.5
metres (5 feet) from the side property line.
4.10.
Parking
No on-site parking is required for non-residential buildings.
Residences shall be provided with one off street parking stall per suite or unit.
4.11.
Loading
Where a business or a facility is likely to receive large quantities of goods, or frequent deliveries, the
Development Authority may require that an off-street loading dock be provided, adequate to accommodate
the expected traffic without disrupting the flow of vehicles on adjacent streets.
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5.
REGULATIONS FOR THE HIGHWAY COMMERCIAL DISTRICT (C2)
5.1.
Purpose
The purpose of the C2 district is to provide land for commercial operations where customers normally
drive on to the site and close proximity to a provincial highway.
5.2.
Permitted Uses
The following uses are permitted:
Retail stores except those listed below as discretionary
Professional, financial, and service businesses except those listed below as discretionary
Clubs, associations, churches, and lodges except those listed below as discretionary
Trade workshops
Service stations
Automobile, truck, and farm implement dealerships
Boat and recreational vehicle sales and service
Lumber yards
Government buildings
Residences above the main floor
Buildings and uses accessory to the above
5.3.
Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
Establishments selling or dispensing alcohol for consumption on or off the premises
Establishments providing 'adult' entertainment or selling 'adult' products
Gambling establishments
Amusement arcades
Pawnbrokers
Businesses selling lumber or other flammable products
Car and truck washing establishments
Auto body shops
Drive-in businesses
Veterinary clinics
Day care and group care facilities
Residences at street level
Hotels and motels
Moved-in buildings
Buildings and uses accessory to the above
Note: a development permit for a service station does not allow autobody work or auto wrecking
unless this is specifically written in the development permit.
5.4.
Density of Development
Only one residence may be placed on a lot.
5.5.
Lot Width
Except as noted below, all lots shall have a width of at least 15 metres (50 feet) (but see section 6.14
regarding flammable materials).
No minimum lot width is required for unattended utility installations.
27
5.6.
Site Coverage
All buildings combined shall not cover more than 75% of the area of the lot.
5.7.
Maximum Height of Buildings
The maximum allowable building height shall be determined by the Development Authority bearing in mind
the requirements of the Alberta Building Code and the recommendations of the fire department.
5.8.
Front Setback
All buildings shall be set back at least 6 metres (20 feet) from the front property line (but see section 5.13
concerning flammable materials).
5.9.
Rear Setback
Where a lot backs on to a lot classified as commercial or industrial, no rear yard setback is required (but
see 5.13 concerning flammable materials).
In all other cases, all buildings must be set back at least 6 metres from the rear property line.
5.10.
Side Setback
Where a lot is adjacent to a lot classified as commercial or industrial, no side yard is required (but see
section 5.13 concerning flammable materials).
In all other cases, all buildings must be set back at least 2.5 metres from the side property line.
5.11.
Parking
No on-site parking is required for non-residential buildings.
Residences shall be provided with one off street parking stall per suite or unit.
5.12.
Loading
Where a business or a facility is likely to receive large quantities of goods, or frequent deliveries, the
Development Authority may require that an off-street loading dock be provided, adequate to accommodate
the expected traffic without disrupting the flow of vehicles on adjacent streets.
5.13.
Flammable Materials
Where flammable or explosive materials are stored on site, the Development Authority shall consult the
fire department may increase the required lot size, building setbacks, or other requirements to minimize
the danger to the public.
5.14.
Drive-in Businesses
Drive in businesses shall be permitted only where passing traffic will not be impeded, and traffic entering
the business will not endanger pedestrians, and curb cuts shall be situated at a location approved by the
Development Authority.
The lot shall be large that vehicles awaiting service do not back up into the adjacent street.
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6.
REGULATIONS FOR THE INDUSTRIAL DISTRICT (IND)
6.1.
Purpose
The purpose of the Industrial district is to provide land for manufacturing, warehousing, storage, where
this will not deleteriously affect nearby residences.
6.2.
Permitted Uses
The following uses are permitted (but see note below):
Manufacturing
Processing
Fabrication
Services to agriculture
Warehousing and storage
Automobile, truck, and farm implement sales and service
Car and truck washing establishments
Transportation, communications, and utilities industries
Veterinary clinics
Auction markets
Government operations
Buildings and uses accessory to the above
Note: Any of the above uses which, in the opinion of the Development Authority, will unreasonably
disturb nearby residences through excessive noise or traffic, are deemed to be discretionary uses
and their approval is thus subject to appeal.
6.3.
Discretionary Uses
The following uses may be allowed at the discretion of the Development Authority:
Auto body and paint shops
Auto wreckers
Bulk fuel sales
Recycling industries
Other commercial and industrial activities which in the opinion of the Development Authority are
compatible with the purpose of the district and the surrounding land uses
Residences
Moved-in buildings
Buildings and uses accessory to the above
6.4.
Density of Development
Only one residence or suite may be developed on one lot.
6.5.
Lot Sizes
Lot areas and widths shall be at the discretion of the Development Authority.
6.6.
Maximum Height of Buildings
The maximum allowable building height shall be determined by the Development Authority bearing in mind
the requirements of the Alberta Building Code and the recommendations of the fire department.
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6.7.
Front Setback
All buildings shall be set back at least 6 metres (20 feet) from the front property line (but see section 6.12
concerning flammable materials).
6.8.
Rear Setback
Where a lot backs on to a lot classified as commercial or industrial, no rear yard setback is required (but
see 6.12 concerning flammable materials).
In all other cases, all buildings must be set back at least 6 metres from the rear property line.
6.9.
Side Setback
Where a lot is adjacent to a lot classified as commercial or industrial, no side yard is required (but see
6.12 concerning flammable materials).
In all other cases, all buildings shall be set back at least 2.5 metres from the side property line.
6.10.
Parking
Each establishment shall provide sufficient off street parking to accommodate the maximum number of
staff and visitors likely to be on site at any one time.
6.11.
Loading
Where a business or a facility is likely to receive large quantities of goods, or frequent deliveries, the
Development Authority may require that an off-street loading dock be provided, adequate to accommodate
the expected traffic without disrupting the flow of vehicles on adjacent streets.
6.12.
Flammable Materials
Where flammable or explosive materials are stored on site, the Development Authority shall consult the
fire department may increase the required lot size, building setbacks, or other requirements to minimize
the danger to the public.
6.13.
Screening
The Development Authority may require a lot to be fenced or landscaped if in his opinion this is needed to
protect the values of nearby residences.
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7.
REGULATIONS FOR THE INSTITUTIONAL AND PUBLIC USES DISTRICT
(IPU)
7.1.
Purposes
The purpose of the Institutional district is to provide land for parks, schools, hospitals, and other
community service facilities, both government and privately owned.
7.2.
Permitted Uses
Parks and playgrounds
Athletic, sporting, and cultural facilities
Schools
Churches
Group homes operated by recognized social service agencies
Day care centres
Hospitals, hospices, nursing homes, and long term care facilities
Cemeteries
Buildings and uses accessory to the above
7.3.
Discretionary Uses
Campgrounds
Concessions and small scale commercial activities which are compatible with neighbouring land uses
Residences for the staff of a permitted facility
Moved-in buildings
Buildings and uses accessory to the above
7.4.
Maximum Height of Buildings
The maximum allowable building height shall be determined by the Development Authority bearing in mind
the requirements of the Alberta Building Code and the recommendations of the fire department.
7.5.
Front Setback
All buildings shall be set back at least 6 metres (20 feet) from the front property line.
7.6.
Rear Setback
All buildings must be set back at least 6 metres from the rear property line.
7.7.
Side Setback
All buildings must be set back at least 2.5 metres from the side property line.
7.8.
Parking
Each establishment shall provide sufficient off street parking to accommodate the maximum number of
staff and adult visitors likely to be on site at any one time.
7.9.
Loading
Where a facility is likely to receive large quantities of goods, or frequent deliveries, the Development
Authority may require that an off-street loading dock be provided, adequate to accommodate the expected
traffic without disrupting the flow of vehicles on adjacent streets.
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SCHEDULE C
PARKING
Type of development
Number of stalls
Residential
Detached residence
2
plus per granny or rental suite
1
Duplex, triplex, fourplex, or row housing
2 per dwelling
Condo with units having individual at-grade entrance
1.5 per unit
Apartment
1.5 per suite
Manufactured house on subdivided lot
2
A stall for residential use may be inside a garage, or outside the building but entirely on the lot, and may
include a driveway.
Non-residential
The following shall have sufficient on-site parking for all employees plus client / customer parking at the
following rates
Retail stores
1 per 100 m2 gross leasable area (GLA) (but see note)
Offices and financial institutions
1 per 100 m2 GLA (but see note)
Hotels and motels
1 per room, plus stalls required for the entertainment component of
the business at the bar rate
Restaurants, bars, and clubs
1 per 10 seats
Churches, halls, and theatres
1 per 10 seats
Industrial plants
1 per employee at maximum shift
Schools
1 per 10 students aged over 16
Other
Sufficient that client parking does not congest nearby streets
Note: Where a business is likely to attract a high volume of traffic with high turnover, the Development
Authority may require more parking.
On-site parking requirements for non-residential uses may be relaxed where in the opinion of the
Development Authority:
1.
sufficient on-street parking is available without causing congestion, or
2.
sufficient parking is available in public parking lots, or
3.
private parking can be shared because peak use times are different.
LOADING
Every non-residential building shall have an off-street loading space of sufficient size that vehicles loading
or unloading need not park on a street or lane.
This requirement may be waived by the Development Authority if in his opinion parking on the street or
lane will not unreasonably disrupt traffic flow.
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Read a first time this 10th day of May, 2011.
Read a second time this 6th days of June, 2011.
Read a third and final time this 6th days of June, 2011, and finally passed.
X
Sean Maciborski
Mayor - Village of Heisler
X
Brenda Loesch
Chief Administrative Officer - Village of Heisler