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LAND USE BYLAW
NO. 1018-21
Page 1 of 2
TOWN OF HIGH LEVEL
BYLAW NO. 1018-21
A BYLAW OF THE TOWN OF HIGH LEVEL IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF ADOPTING THE LAND USE BYLAW
WHEREAS
the Municipal Government Act, R.S.A. 2000, c. M-26 (hereinafter referred to as
"the Act"), as amended, provides that a municipality must adopt a Land Use Bylaw
pursuant to Section 639 of the Act;
WHEREAS
the Council of the Town of High Level deems it to be in the public interest to repeal
Bylaw 944-13, and all amendments thereto, and replace it with a new Land Use
Bylaw;
NOW THEREFORE, under the authority and subject to the provision of the Municipal Government
Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the Town of
High Level, duly assembled does hereby enact the following:
1. That this Bylaw may be cited as the "Town of High Level Land Use Bylaw"'
2. That the Town of High Level Land Use Bylaw 944-13, and all amendments thereto, is
hereby repealed; and
3. That Bylaw 1018-21 shall take effect and be implemented upon Third reading.
The complete Town of High Level Land Use Bylaw is attached hereto.
READ a First time this 25th day of January, 2021.
STATUTORY Public Hearing held this 8th day of March, 2021.
READ a Second time this 8th day of March, 2021.
READ a Third time this 8th day of March, 2021.
LAND USE BYLAW
NO. 1018-21
Page 2 of 2
SIGNED AND PASSED this 11th day of March, 2021.
MAYOR
MUNICIPAL CLERK
[Original signed by Crystal McAteer]
[Original signed by Sandra Beaton]
Land Use Bylaw
No. 1018 - 21
TOWN OF HIGH LEVEL
Current as of January 13th 2022
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
AMENDING LAND USE BYLAW INDEX
LAND USE BYLAW AMENDMENTS
BYLAW #
DESCRIPTION
ADOPTED
1023-21
Manufactured Home - Mobile New Effective Age
July 5th 2021
1024-21
Add Park as a discretionary use to the Community Use
(CU) Land Use District
January 10th 2022
1024-21
Remove Clause 4.2.1 (j) Hard-surfacing of any yard for
vehicular access from a public roadway to a garage or
carport
January 10th 2022
REZONING LAND USE BYLAW AMENDMENTS
BYLAW #
DESCRIPTION
ADOPTED
1023-21
Rezone Plan 1546TR, Block B from P to CU
July 5th 2021
1024-21
Rezone Plan 5526NY; Lots 1 and 6 from IND to CU
January 10th 2022
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
TOWN OF HIGH LEVEL
LAND USE BYLAW #
A BYLAW OF TOWN OF HIGH LEVEL IN THE PROVINCE OF ALBERTA, TO ADOPT A LAND USE
BYLAW
WHEREAS the Municipal Government Act, Revised Statutes of Alberta 2000 - Chapter M-26, current as
of September 1st 2020 and all Amendments thereto, requires the Council of a Municipality to enact a Land
Use Bylaw to guide future development within the Municipality.
NOW THEREFORE the Town of High Level Land Use Bylaw No.944-13 and amendments thereto are
hereby repealed.
NOW THEREFORE the Council of the Town of High Level, in the Province of Alberta, duly assembled,
does hereby adopt the Town of High Level Land Use Bylaw this day of 2021.
READ a First time this 25th day of January 2021.
STATUTORY Public Hearing held this 8th day of March 2021.
READ a Second time this 8th day of March 2021.
READ a Third and final time this 8th day of March 2021.
SIGNED AND PASSED this 11th day of March 2021.
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
TABLE OF CONTENTS
1.0 ENACTMENT
1
1.1 TITLE OF THIS BYLAW
1
1.2 PURPOSE OF BYLAW
1
1.3 APPLICATION OF BYLAW
1
1.4 EFFECTIVE DATE
2
1.5 CONFORMITY WITH THIS BYLAW
2
1.6 OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
2
1.7 TRANSITION
2
2.0 INTERPRETATION
3
2.1 INTERPRETATION
3
2.2 NUMBERING SYSTEM
4
2.3 MEASUREMENTS
4
2.4 DEFINITIONS
4
3.0 ADMINISTRATION AND PROCEDURES: DEVELOPMENT AUTHORITY
30
3.1 BYLAW AMENDMENTS
30
3.2 BYLAW AMENDMENT NOTIFICATION REQUIREMENTS
31
3.3 SUBDIVISION AND DEVELOPMENT AUTHORITIES
31
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.0 DEVELOPMENT ADMINISTRATION AND PROCEDURES
33
4.1 CONTROL OF DEVELOPMENT
33
4.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
33
4.3 APPLICATION FOR A DEVELOPMENT PERMIT
34
4.4 DECISION PROCESS
36
4.5 NOTIFICATIONS
37
4.6 DEVELOPMENT PERMIT CONDITIONS
37
4.7 DEVELOPMENT PERMIT RULES
39
4.8 COMPLIANCE CERTIFICATES AND REAL PROPERTY REPORTS
40
4.9 VARIANCES
41
4.10 APPEAL PROCESS
42
4.11 NON-CONFORMING DEVELOPMENT
42
4.12 ENFORCEMENT
43
4.13 PENALTIES
43
4.14 COMPLIANCE WITH OTHER LEGISLATION
44
5.0 GENERAL LAND USE PROVISIONS
45
5.1 LAND USE REGULATIONS
45
5.2 DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND/OR STRUCTURES
45
5.3 SIGHT TRIANGLE ON LOT CORNER
45
5.4 PERMITTED ENCROACHMENTS
46
5.5 DEVELOPMENT OF WETLANDS, ENVIRONMENTALLY SENSITIVE LANDS AND
LANDS SUBJECT TO FLOODING AND SUBSIDENCE
47
5.6 LOT GRADING
48
5.7 LANDSCAPING AND SCREENING
48
5.8 ILLUMINATION
50
5.9 BUILDING - MOVED-IN
51
5.10 OUTDOOR STORAGE
51
5.11 GARBAGE STORAGE
51
5.12 ACCESSORY BUILDINGS OR STRUCTURES
52
5.13 GARAGES - PORTABLE OR TEMPORARY
53
5.14 DECKS
54
5.15 FENCES
54
5.16 AIR CONDITIONERS
55
5.17 FIRE PITS AND BARBECUES
55
5.18 FIRE HYDRANTS
55
5.19 HOME OCCUPATIONS
55
5.20 BED AND BREAKFAST BUSINESS
56
5.21 DRIVE-THROUGH BUSINESSES
56
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.22 EASEMENTS
57
5.23 PRIVATE SWIMMING POOLS
57
5.24 MORE THAN ONE MAIN PRINCIPAL BUILDING ON A LOT
58
5.25 ALTERNATIVE ENERGY TECHNOLOGY
58
5.26 TELECOMMUNICATIONS STRUCTURES
59
5.27 HELICOPTER LANDING PADS
60
6.0 PARKING AND LOADING REQUIREMENTS
61
6.1 PARKING REQUIREMENTS
61
6.2 LOADING SPACE
66
7.0 SIGN CONTROL
67
7.1 GENERAL SIGNAGE CRITERIA
67
7.2 SIGN AREA CALCULATIONS
68
7.3 APPLICATIONS AND PLANS
68
7.4 ABANDONED AND UNLAWFUL SIGNS
69
7.5 SIGNAGE VARIANCES
69
8.0 ESTABLISHMENT OF LAND USE DISTRICTS
70
8.1 LAND USE DISTRICT CLASSIFICATION
70
9.0 RESIDENTIAL LAND USE DISTRICTS
72
9.1 R-1 (LOW DENSITY RESIDENTIAL) LAND USE DISTRICT
72
9.2 R-2 (MEDIUM DENSITY RESIDENTIAL) LAND USE DISTRICT
75
9.3 R-3 (HIGH DENSITY RESIDENTIAL) LAND USE DISTRICT
79
9.4 R-4 (MANUFACTURED HOME - MOBILE AND TRANSITION NEIGHBOURHOOD) LAND
USE DISTRICT
82
10.0 COMMERCIAL LAND USE DISTRICTS
86
10.1 C-1 (DOWNTOWN COMMERCIAL) LAND USE
86
10.2 C-3 (HIGHWAY COMMERCIAL) LAND USE DISTRICT
90
11.0 INDUSTRIAL LAND USE DISTRICTS
94
11.1 IND (INDUSTRIAL) LAND USE DISTRICT
94
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
12.0 OTHER LAND USE DISTRICTS
99
12.1 CU (COMMUNITY USE) LAND USE DISTRICT
99
12.2 P (PARKS) LAND USE DISTRICT
102
12.3 A (AGRICULTURAL) LAND USE DISTRICT
104
12.4 RES (RESERVE) LAND USE DISTRICT
106
12.5 DC (DIRECT CONTROL) LAND USE DISTRICT
107
APPENDIX 1: MAPS
108
MAP 1: AGRICULTURE LAND USE DISTRICTS MAP
109
MAP 2: COMMERCIAL LAND USE DISTRICTS MAP
110
MAP 3: COMMUNITY USE LAND USE DISTRICTS MAP
111
MAP 4: DIRECT CONTROL LAND USE DISTRICTS MAP
112
MAP 5: INDUSTRIAL LAND USE DISTRICTS MAP
113
MAP 6: PARK LAND USE DISTRICTS MAP
114
MAP 7: RESERVE LAND USE DISTRICTS MAP
115
MAP 8: RESIDENTIAL LAND USE DISTRICTS MAP
116
MAP 9: LAND USE ZONING MAP
117
APPENDIX 2: FIGURES
118
FIGURE 1: BERMS
119
FIGURE 2: BOULEVARDS
120
FIGURE 3: BUFFERS
121
FIGURE 4: BUILDING HEIGHT AND FINISHED GRADE
122
FIGURE 5: CARPORTS AND GARAGES
123
FIGURE 6: FLOOR AREA
124
FIGURE 7: GROUND FLOOR AND STOREYS
125
FIGURE 8: HELICOPTER LANDING PADS
126
FIGURE 9: LANES
127
FIGURE 10: LOT CORNER AND LOT THROUGH
128
FIGURE 11: LOT DEPTH, LOT FRONTAGE AND LOT WIDTH
129
FIGURE 12: LOT LINES
130
FIGURE 13: MANUFACTURED HOMES
131
FIGURE 14: PARTY WALL
132
FIGURE 15: RETAINING WALLS
133
FIGURE 16: SHIPPING CONTAINERS
134
FIGURE 17: SIGHT TRIANGLE
135
FIGURE 18: SIGNS
136
FIGURE 19: SIGN AREA
137
Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 20: YARDS
138
FIGURE 21: BOULEVARD LANDSCAPING
139
FIGURE 22: PARKING LOT LANDSCAPING
140
FIGURE 23: USING BERMS AS LANDSCAPE BUFFERS
141
FIGURE 24: GARBAGE STORAGE
142
FIGURE 25: PARKING STALL AND AISLE EXPLANATION
143
FIGURE 26: ACCESS SEPARATION AND CURB CUTS
144
1 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
1.0 ENACTMENT
1.1 TITLE OF THIS BYLAW
1.1.1
This BYLAW shall be known as, and may be cited as the "Town of High Level Land Use Bylaw".
1.2 PURPOSE OF THIS BYLAW
1.2.1
Pursuant to Section 640 of the Municipal Government Act, the purpose of this BYLAW is to regulate
the USE and development of land and BUILDINGS within the boundaries of the Town of High Level,
to ensure the orderly development of land and to:
a) Divide the TOWN into LAND USE DISTRICTS;
b) Prescribe and regulate the PERMITTED USE and DISCRETIONARY USE of LOTS or
BUILDINGS within each LAND USE DISTRICT;
c) Provide the method used for issuance of and decision-making on applications for
DEVELOPMENT PERMITS;
d) Provide the manner in which a notice of issuance for a DEVELOPMENT PERMIT is given;
e) Establish the number and type of DEVELOPMENT allowed on a PARCEL or LOT;
f)
Establish general DEVELOPMENT standards and specific land USE regulations;
g) Establish PARKING, SIGNAGE and LANDSCAPING standards;
h) Establish SUBDIVISION design standards; and
i)
Provide information on the process of appealing DEVELOPMENT decisions.
1.3 APPLICATION OF THIS BYLAW
1.3.1
The provisions of this BYLAW apply to all lands and BUILDINGS within the boundaries of the Town
of High Level, pursuant to Division 5 of Part 17 of the Municipal Government Act.
2 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
1.4 EFFECTIVE DATE OF THIS BYLAW
1.4.1
This BYLAW comes into force and takes effect upon the date of its third and final reading by
COUNCIL.
1.4.2
Land Use Bylaw No. 944-13, and all amendments thereto, are hereby repealed and replaced.
1.5 CONFORMITY WITH THIS BYLAW
1.5.1
No person shall commence any DEVELOPMENT within the TOWN except in conformity with this
BYLAW.
1.5.2
Compliance with this BYLAW does not exempt any person or entity from the requirements of any
adopted Statutory Plan, Federal or Provincial regulation.
1.6 OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
1.6.1
Nothing in this BYLAW affects the duty or obligation of a person to obtain a DEVELOPMENT
PERMIT as required by this BYLAW or to obtain any other permit, license or other authorization
required by this, or any other Bylaw.
1.6.2
In addition to the requirements of this BYLAW, an applicant must comply with all Federal, Provincial
and other Municipal legislation.
1.7 TRANSITION
1.7.1
An application for a SUBDIVISION, DEVELOPMENT PERMIT or amendment to the Land Use
Bylaw, which commenced prior to the adoption of this BYLAW, shall be evaluated using the
provisions of the Town of High Level Land Use Bylaw No. 944-13 as amended.
3 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
2.0 INTERPRETATION
2.1 INTERPRETATION
2.1.1
The terms defined in this Section have specific, broader or different meanings than the usage and
interpretation commonly found in the Oxford English Dictionary, which gives reasoning to the need
of this Section. The meanings of all terms and vocabularies used in this BYLAW shall be interpreted
in accordance with the:
a) Municipal Government Act and the Statutes of Alberta to which this BYLAW refers;
b) the following definitions;
c) the DEVELOPMENT AUTHORITY; and
d) the Standard Oxford English Dictionary, in the event that the above-mentioned Section of
definitions is silent.
2.1.2
The word "person" includes a corporation, firm, partnerships, trusts, and other similar entities as
well as an individual.
2.1.3
Capitalized words within this BYLAW have specific meanings defined within Article 2.4.1.
2.1.4
When words defined within Article 2.4.1 are not capitalized, they are being used in a different
context, however they typically bear the same meaning.
2.1.5
The words "shall", "must", and "is" require mandatory compliance except where a VARIANCE has
been granted, pursuant to the ACT or this BYLAW.
2.1.6
All other words and expressions have the meaning respectively assigned to them in accordance
with the ACT and any other applicable Statutes of Alberta. Where such words are not defined in
this BYLAW, or in the ACT, the DEVELOPMENT AUTHORITY will provide the interpretation.
4 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
2.2 NUMBERING SYSTEM
2.2.1
In the numbering system used in this BYLAW:
a) the first number indicates the Section;
b) the second number indicates the Subsection of the Section; and
c) the third number indicates the Article of the Subsection.
2.2.2
An Article in this BYLAW may be divided into Clauses, which are indicated by lower case letters in
parentheses, and the Clauses may be divided into Sub-clauses, which are indicated by roman
numerals in parentheses.
2.3 MEASUREMENTS
2.3.1
The measurements contained in this BYLAW are in Imperial and Metric and may be abbreviated
as follows:
a) metres or m;
b) square metres or m2
c) centimetres or cm;
d) millimetres or mm;
e) hectares or ha;
f)
feet or ft.;
g) square feet or sq.ft.;
h) inches or in; and
i)
acres or ac.
2.4 DEFINITIONS
2.4.1
The following words, terms, and phrases, wherever they occur in this BYLAW have the meaning
assigned to them as follows:
A
ABATTOIR
means a commercial DEVELOPMENT where animals are slaughtered and/or meat is cut, wrapped, frozen,
cured, smoked or aged.
ACCESS
means an area that serves as the physical connection between a SITE and a PUBLIC ROADWAY.
ACCESSORY BUILDING OR STRUCTURE
means a BUILDING and/or STRUCTURE not used for human habitation, the USE of which is incidental
and subordinate to the PRINCIPAL USE, BUILDING and/or STRUCTURE, and is located on the same
LOT. This may include a GARAGE - DETACHED, detached CARPORT or garden shed, but does not
include children's play structures, or PATIOS and DECKS associated with a DWELLING UNIT.
5 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
ACCESSORY USE
means a USE subordinate, incidental to and exclusively devoted to a PRINCIPAL USE of a BUILDING,
STRUCTURE or property.
ACT
means the Municipal Government Act being Chapter M-26 of the revised Statutes of Alberta, and any
amendments thereto.
ADULT ENTERTAINMENT FACILITY
means a DRINKING ESTABLISHMENT, nightclub, RESTAURANT or other establishments that feature live
performances of an explicit nature, escort services, or showcasing media materials inclusive of adult
content.
AGRICULTURE
means the cultivation of the soil for the growing of a crop, the raising of livestock, or DEVELOPMENT of an
industrial or commercial greenhouse.
ALTERNATIVE ENERGY TECHNOLOGY
means any system, device or STRUCTURE that is used to collect natural energy sources, such as the sun
or geothermal sources to generate thermal, electrical, or mechanical energy for USE as an alternative to
fossil fuels, and other non-renewable resources. Typical examples are SOLAR COLLECTORS and
GEOTHERMAL ENERGY SYSTEMS.
AMUSEMENT ARCADE
means a DEVELOPMENT with mechanical or electronic games that are provided for public entertainment,
but does not include ADULT ENTERTAINMENT FACILITY, casino or bingo.
AREA STRUCTURE PLAN
means a statutory plan, prepared and adopted pursuant to Section 633 of the ACT, which addresses the
future development of large areas of land at a conceptual level.
ART GALLERY
means a DEVELOPMENT used for the public display and sale of art.
ASSISTED LIVING FACILITY
means an institution primarily for persons where housing accommodation is provided, and medical or
supervisory care may also be provided.
AUCTION FACILITY
means a DEVELOPMENT used for the auctioning of goods, MOTOR VEHICLES and equipment, including
the temporary storage of such goods and equipment.
AUTOMOTIVE SALES AND RENTAL
means a DEVELOPMENT used for the sale, service and rental of MOTOR VEHICLES, but does not include
RECREATIONAL VEHICLE SALES AND SERVICE or automotive body and paint service.
6 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
AUTOMOTIVE SERVICE
means a DEVELOPMENT used for the service and repair of MOTOR VEHICLES, automotive body and
paint work, the sale of gasoline, lubricating oils and other automotive fluids or any combination of such, but
does not include AUTOMOTIVE SALES AND RENTAL, a FUEL STATION or a CAR WASH.
B
BALCONY
means an exterior platform projecting from a wall above the first STOREY of a BUILDING with ACCESS
from an upper-floor.
BASEMENT
means that portion of a BUILDING that is located wholly or partially below grade, the ceiling of which does
not extend more than 1.5m/4.9ft. above FINISHED GRADE.
BED AND BREAKFAST BUSINESS
means a business that forms an ACCESSORY USE to a DWELLING - SINGLE FAMILY and provides
temporary sleeping accommodation and meals, and does not include a BOARDING HOUSE.
BERM
means an elongated mound of earth a minimum of 1m/3.2ft. in height above the FINISHED GRADE
designed to provide SCREENING or noise attenuation within a DEVELOPMENT or between adjacent
DEVELOPMENTS. For an example of a BERM please see Figure 1.
BOARDING HOUSE
means a DEVELOPMENT, within a DWELLING - SINGLE FAMILY, where temporary sleeping
accommodations of three (3) or more bedrooms, with or without meals, are provided for remuneration to
members of the public. Typical USES include student co-operative housing, and lodges for senior citizens,
but does not include BED AND BREAKFAST BUSINESS, group home, HOTEL, DWELLING -
APARTMENT, or DWELLING - MULTIPLE UNIT.
BOULEVARD
means the portion of land located within a PUBLIC ROADWAY between the vehicular portion of the road
and the abutting LOT LINE, but does not include the area used for a sidewalk or trail. For an example of a
BOULEVARD please see Figure 2.
BREWERY, WINE, DISTILLERY
means a DEVELOPMENT where beer, wine, spirits or other alcoholic beverages are manufactured, which
may also have areas and facilities for preparing, cooking and serving food, and serving alcoholic beverages.
BUFFER
means a row of trees, shrubs, BERM, architectural devices, walls, fences, other landscape features, or a
combination thereof used to provide visual SCREENING and separation between roadways, SITES or
LAND USE DISTRICTS. For an example of a BUFFER please see Figure 3.
7 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
BUILDING
includes anything constructed or placed on, in, over or under land including supporting STRUCTURES of
any type, but does not include a highway or PUBLIC ROADWAY or a bridge forming part of a highway or
PUBLIC ROADWAY.
BUILDING DEMOLITION
means the process of dismantling and removing a BUILDING with controlled plans that are approved by
the DEVELOPMENT AUTHORITY, in accordance with the Building Permit and Standards Bylaw.
BUILDING HEIGHT
means the vertical distance measured from the highest FINISHED GRADE, along any wall of a BUILDING
and/or STRUCTURE facing a street, to the highest point of the BUILDING and/or STRUCTURE. On a
property with LOT FRONTAGE on two (2) or more streets, the highest FINISHED GRADE shall be taken
from the wall featuring the principle entrance to the BUILDING. BUILDING HEIGHT shall include any
accessory roof construction not structurally essential to the BUILDING, and does not include SIGNS or
communication STRUCTURES. For an example of BUILDING HEIGHT please see Figure 4.
BUILDING - MOVED IN
means a residential, commercial or industrial constructed BUILDING that is to be relocated from one LOT
to another, but does not include MANUFACTURED HOME - MOBILE, MANUFACTURED HOME -
MODULAR, MANUFACTURED HOME - READY TO MOVE, or ACCESSORY BUILDINGS or
STRUCTURES under 13m2 / 139.9sq.ft.
BUILDING PERMIT
means an application form issued by the TOWN, which is assessed by a Safety Codes Officer for
compliance with the National Building Code - Alberta Edition.
BULK OIL, FUEL AND CHEMICAL STORAGE
means a DEVELOPMENT where refined or crude oil, liquid or solid chemical is stored outdoors and may
include the sale of such.
BUSINESS SUPPORT SERVICE
means a DEVELOPMENT used to provide support services to a PERMITTED USE or DISCRETIONARY
USE in a LAND USE DISTRICT. Such businesses may be characterized, and not limited to the provision
of support functions including: printing, duplicating, binding or photographic processing; office maintenance
or custodial services; secretarial services; security services; sale, rental, repair or servicing of office and
business equipment, furniture and machines; and, sale, rental, repair or servicing of computers, cellular
phones and fax machines.
BYLAW
means the Land Use Bylaw for the Town of High Level that regulates the use of land and BUILDINGS within
the TOWN.
8 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
C
CAMPGROUND
means a DEVELOPMENT used to provide outdoor spaces to the public for temporary accommodations in
permanent STRUCTURES, tents or RECREATIONAL VEHICLE and may include day use areas and other
USES necessary to operate a CAMPGROUND, including but not limited to caretaker residences, and
washroom facilities.
CANNABIS PRODUCTION AND DISTRIBUTION
means a DEVELOPMENT used principally for one or more of the following activities as it relates to
Cannabis:
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 goods and products;
d) the storage or shipping of materials, goods and products; or
e) the distribution and sale of materials, goods and products to RETAIL - CANNABIS stores or to
individual customers.
CARPORT
means a roofed STRUCTURE attached to a DWELLING UNIT that is designed for the PARKING and
storage of MOTOR VEHICLES, which is open on at least two sides providing unobstructed ACCESS to the
YARD - REAR. For an example of a CARPORT please see Figure 5.
CAR WASH
means a DEVELOPMENT used for the cleaning of MOTOR VEHICLES.
CATERING SERVICE
means a DEVELOPMENT where foods and beverages, to be served off the premises, are prepared for
sale to the public.
CAVEAT
means a warning (in land law) that a person has claimed an interest on a PARCEL of land. If entitled, a
person can claim an interest in land through a CAVEAT; registered CAVEATS with Alberta Land Titles are
recorded on a Certificate of Title.
CEMETERY
means a DEVELOPMENT for the entombment of the deceased, which may include structures for those
purposes.
CHANGE OF USE
means changing a TOWN approved USE of a BUILDING, PARCEL or LOT to any other USE. Also see
DEVELOPMENT.
COMMUNITY HALL
means a DEVELOPMENT that provides auditorium, banquet, exhibition, gymnasium, meeting or seminar
facilities, and does not include an ADULT ENTERTAINMENT FACILITY.
9 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
COMPLIANCE CERTIFICATE
means a document that may be issued by the DEVELOPMENT AUTHORITY indicating that a BUILDING
and/or STRUCTURE, as shown on documentation provided to the TOWN, is located in accordance with
the minimum yard SETBACK requirements in this BYLAW, at the time the Certificate is issued.
CONDOMINIUM
means individual ownership of a DWELLING UNIT, units within a DWELLING - APARTMENT, or a
PARCEL of land, which is part of a Condominium Plan registered with Alberta Land Titles, and usually
indicates ownership in a share of common property administered and maintained by a Condominium
Property Act.
CONSTRUCTION SERVICE
means a DEVELOPMENT used to provide LANDSCAPING, electrical, plumbing, heating, painting,
carpentry, woodworking or similar services to households or to general contractors, but does not include
equipment rental.
COUNCIL
means the elected COUNCIL of the Town of High Level, as defined in Part 5 Division 1 of the Municipal
Government Act.
COVENANT
means a Restrictive COVENANT, which equates to an agreement between owners of two (2) or more
PARCELS of land, or from a building scheme established by the owner of several PARCELS of land,
whereby non-compete clauses may be agreed upon and imposed upon adjacent LOTS, or architectural
controls are imposed upon specific LOTS.
D
DANGEROUS OR HAZARDOUS GOODS
means a product, substance or organism listed in the Dangerous Goods Transportation and Handling Act.
DAY CARE FACILITY
means a DEVELOPMENT used to provide care and supervision, but not overnight accommodation, to
children in accordance with the Social Care Facilities Licensing Act, as well as any other applicable
Provincial or Federal legislation including any amendments. Typical USES are day care centers and nursery
schools, and does not include a PRIVATE BABYSITTING SERVICE.
DECK
means an unenclosed STRUCTURE, elevated above FINISHED GRADE, as a stand-alone STRUCTURE
or projecting from a BUILDING and supported by the ground at the FINISHED GRADE or below-ground
engineered form. For the purposes of this BYLAW, a porch and veranda shall be considered a DECK.
DEVELOPMENT
means:
a) an excavation or stockpile of earth and the creation of either of them;
b) a BUILDING, an addition to, replacement, or repair of a BUILDING and the construction or
10 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
placement of any of them on, in, over or under land;
c) a CHANGE OF USE of a LOT, a BUILDING or an act done in relation to a LOT or a BUILDING
that results in, or is likely to result in a CHANGE OF USE of the LOT or BUILDING (also see
CHANGE OF USE); or
d) a change in the intensity of USE of the LOT, a BUILDING or an act done in relation to a LOT
or a BUILDING that results in, or is likely to result in a change in the intensity of USE of the
LOT or BUILDING.
DEVELOPMENT AGREEMENT
means a legally binding contract between a property owner or developer and the TOWN, regarding specific
PARCELS, which often includes terms not otherwise required through provisions within this BYLAW.
DEVELOPMENT AUTHORITY
means a person or persons appointed by the TOWN, pursuant to Section 624 of the ACT to administer the
provisions of this BYLAW.
DEVELOPMENT PERMIT
means a document issued by the TOWN permitting a DEVELOPMENT in compliance with this BYLAW.
DETENTION AND CORRECTION SERVICES
means a DEVELOPMENT for the purpose of holding or confining, and treating or rehabilitating persons.
Typical USES include prisons, mental institutions, jails, remand centers, asylums and correction centers.
DISCRETIONARY USE
means the USE of a LOT, BUILDINGS and/or STRUCTURES or any combination thereof provided for in
this BYLAW where a DEVELOPMENT PERMIT may be issued, with or without conditions, for a certain
purpose that is granted by the DEVELOPMENT AUTHORITY according to their discretionary judgement,
based upon the merits of the application in accordance with the ACT.
DRINKING ESTABLISHMENT
means a DEVELOPMENT licensed to serve alcoholic beverages for consumption on the premises as
regulated by the Alberta Gaming and Liquor Commission.
DRIVE-THROUGH BUSINESS
means a DEVELOPMENT or part of a DEVELOPMENT, designed to serve customers remaining in their
vehicles and may form part of the operations of a CAR WASH or FINANCIAL INSTITUTION, but does not
include a DRIVE-THROUGH RESTAURANT or FUEL STATION.
DRIVE-THROUGH RESTAURANT
means a RESTAURANT with one (1) or more of the following features: car attendant services; drive-through
food and/or beverage pickup services; or PARKING primarily intended to allow for the ON-SITE
consumption of food within a MOTOR VEHICLE.
DUGOUT
means the excavation of lands resulting in manmade features that entrap water, includes excavations for a
water supply and borrow pits.
11 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
DWELLING - APARTMENT
means a BUILDING, containing individual suites on multiple stories, consisting of four (4) or more
DWELLING UNITS, or one (1) to three (3) DWELLING UNITS if the GROUND FLOOR of such a BUILDING
is for commercial USE, having a shared common entrance or their own independent entrances.
DWELLING - DUPLEX
means a BUILDING that is divided vertically into two (2) DWELLING UNITS side-by-side and separated by
a PARTY WALL extending from the foundation to the roof, and not attached to any other DWELLING UNIT.
DWELLING - SINGLE FAMILY
means a DEVELOPMENT comprised of one (1) DWELLING UNIT, on a SITE separated by open space
from any DEVELOPMENT on an adjoining SITE, which is constructed ON-SITE and does not include a
MANUFACTURED HOME - MOBILE or a MANUFACTURED HOME - MODULAR.
DWELLING - MULTIPLE UNIT
means a BUILDING containing three (3) or more DWELLING UNITS at GROUND FLOOR level, each of
which have their own independent entrances. .
DWELLING - TOWNHOUSE
means a minimum of three (3) DWELLING UNITS constructed in a row and divided vertically by PARTY
WALLS, each of which has a their own independent entrance at GROUND FLOOR level.
DWELLING UNIT
means a residential home containing one (1) or more habitable rooms that provides living accommodations
and is intended as a permanent residence, or as an ACCESSORY USE to a non-residential PRINCIPAL
USE. Including DWELLING - DUPLEX, DWELLING - SINGLE FAMILY, DWELLING - MULTIPLE UNIT,
DWELLING - TOWNHOUSE, MANUFACTURED HOME - MOBILE, MANUFACTURED HOME -
MODULAR and MANUFACTURED HOME - READY TO MOVE.
E
EASEMENT
means a non-possessory right, granted by way of an agreement that is legally registered on a Certificate
of Title with Alberta Land Titles, to use and/or enter onto a LOT, or PARCEL of land owned by another for
a specified purpose or USE.
EFFECTIVE AGE
is based on a DWELLING UNIT'S present condition and overall general maintenance or
improvements. EFFECTIVE AGE can be lesser or greater than the unit's actual age at the time
of the appraisal. It is the responsibility of an Appraiser, based upon their inspection of the
DWELLING UNIT, to estimate the EFFECTIVE AGE of a subject unit
EMERGENCY SERVICES FACILITY
means a DEVELOPMENT which is required for the public protection of persons and property from injury,
harm or damage together with the incidental storage of equipment and vehicles, which is necessary for the
provision of emergency services. An EMERGENCY SERVICES FACILITY may include provisions for
12 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
overnight accommodation as an ACCESSORY USE. Typical USES include fire stations, police stations,
emergency medical services, and ancillary training facilities.
ENCLOSED DECK
means a DECK that is enclosed by a roof and has more than 50% of its perimeter enclosed to the outside
and shall be considered part of the main DWELLING UNIT, in terms of LOT COVERAGE and FLOOR
AREA - GROSS.
ENVIRONMENTAL IMPACT ASSESSMENT
means a comprehensive SITE analysis to determine:
a) the potential environmental impact of the proposed DEVELOPMENT on the SITE;
b) the potential environmental impact of the proposed DEVELOPMENT upon the adjacent
properties or land USES; and,
c) the potential environmental impact of the proposed DEVELOPMENT upon the future land USE
potential of the property.
ENVIRONMENTAL IMPACT ASSESSMENT REPORT
means a written document pursuant to Part 2 of the Environmental Protection and Enhancement Act
containing the result of an ENVIRONMENTAL IMPACT ASSESSMENT.
ENVIRONMENTALLY SENSITIVE AREAS
means areas that fall in one or more of the following categories, or by a study undertaken or commissioned
by the Town of High Level:
a) areas having exceedingly steep or unstable slopes;
b) river valleys and lands, watercourses, and other types of WATERBODIES, and land subject to
flooding;
c) areas classified as having a high water table, or situated on sensitive aquifers;
d) areas having soils subject to erosion, slippage, or subsidence of similar hazards;
e) wetlands, unique wetlands, or fisheries habitat, or those areas having high levels of peat
contents, or land incapable of meeting percolation requirements; and
f)
areas having stands of unique or mature natural vegetation or land features.
EQUIPMENT RENTAL FACILITY
means a commercial establishment principally involving the rental of household or other equipment to the
public, but does not include MOTOR VEHICLES rentals.
EXHIBITION GROUNDS
means an outdoor facility used to host public events including rodeos, horse shows, jamborees and
exhibitions, and any ACCESSORY BUILDING OR STRUCTURE used for spectator seating or viewing.
F
FAMILY DAY HOME
means an ACCESSORY USE within a DWELLING UNIT or part thereof used to provide care and
supervision, but not overnight accommodation, for adults or children as per the Social Care Facilities
Licensing Act as well as any other applicable Provincial or Federal legislation including any amendments.
13 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FARM IMPLEMENT SALES AND SERVICES
means a DEVELOPMENT used for the sale and service of farm machinery and equipment.
FINANCIAL INSTITUTION
means a bank, brokerage company, treasury branch, trust company, credit union, finance company or
similar institution.
FINISHED GRADE
means the elevation of the ground at the exterior of a BUILDING when the construction of the BUILDING
and LANDSCAPING are complete, which may be shown in an approved plan. For an example of a
FINISHED GRADE please see Figure 4.
FLEET SERVICE
means a DEVELOPMENT where MOTOR VEHICLES are operated for the transportation of passengers or
goods.
FLOOR AREA
means the area of an individual STOREY or BASEMENT of a BUILDING and/or STRUCTURE measured
from the outside surface of the exterior walls. FLOOR AREA does not include the area used for a
mechanical room, stairwells, air handling equipment, garbage storage, electrical room, elevators, GARAGE
- ATTACHED and car PARKING areas. For an example of a FLOOR AREA please see Figure 6.
FLOOR AREA - GROSS
means the aggregate of the FLOOR AREA of a BUILDING above grade, measured between the exterior
faces of the exterior walls of the BUILDING at each floor level. For an example of a FLOOR AREA - GROSS
please see Figure 6.
FUEL STATION
means a DEVELOPMENT used for the sale of gasoline, diesel, lubricating oils and other automotive fluids
and incidental goods.
FUNERAL HOME
means a DEVELOPMENT used for the arrangement of funerals, the preparation of the deceased for burial
or cremation and the holding of funeral services, but does not include a PLACE OF WORSHIP.
G
GARAGE
means an ACCESSORY USE and/or where a portion of the PRINCIPAL BUILDING is used in conjunction
with a DWELLING UNIT principally for the private PARKING or storage of MOTOR VEHICLES for personal
transportation and recreation. A GARAGE is not a DWELLING UNIT.
GARAGE - ATTACHED
means a GARAGE attached to a PRINCIPAL BUILDING. For an example of a GARAGE - ATTACHED
please see Figure 5.
14 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
GARAGE - DETACHED
means a GARAGE that is separate from a PRINCIPAL BUILDING. For an example of a GARAGE -
DETACHED please see Figure 5.
GARAGE - PORTABLE OR TEMPORARY
means a GARAGE that is designed to be collapsible in nature. For an example of a GARAGE - PORTABLE
OR TEMPORARY please see Figure 5.
GENERAL SERVICE
means a DEVELOPMENT used to provide services related to the care and appearance of an individual,
including the cleaning and repair of clothing, but does not include HEALTH SERVICE. Typical USES
include: dry cleaner and laundromat; hair and tanning salons; tailor, dressmakers, and shoe repair; and
facilities that provide pedicures, manicures, massages and electrolysis.
GEOTHERMAL ENERGY SYSTEM
means a renewable source of energy that employs the use of a heat pump to warm or cool air by utilizing
the constant temperatures of the Earth.
GOVERNMENT SERVICE
means a DEVELOPMENT providing Municipal, Provincial or Federal GOVERNMENT SERVICES directly
to the public. This USE does not include an EMERGENCY SERVICES FACILITY, DETENTION AND
CORRECTION SERVICES, UTILITY SERVICES - MAJOR, UTILITY SERVICES - MINOR and PUBLIC
EDUCATION SERVICE.
GROUND FLOOR
means the lowest full STOREY that is located entirely above the FINISHED GRADE. For an example of a
GROUND FLOOR please see Figure 7.
H
HARD-SURFACED
means a durable, dust free, all weather surface constructed of concrete, asphalt or similar materials.
HEALTH SERVICE
means a DEVELOPMENT used for the provision of out-patient health care and social or counselling
services, but does not include a HOSPITAL. Typical USES include: medical clinic; dental clinic; chiropractic
clinic; therapeutic massage clinic; and physical therapy clinic.
HELICOPTER LANDING PAD
means a designated landing area or platform for helicopters, which may be located on a roof, at or elevated
above FINISHED GRADE. For an example of a HELICOPTER LANDING PAD please see Figure 8.
HOME OCCUPATION
means an ACCESSORY USE in a DWELLING UNIT, or its GARAGE that involves a business operated by
a RESIDENT of the DWELLING UNIT, which is not inclusive of businesses that may cause offensive noise,
odor, traffic or generally serve as a nuisance to adjacent residential landowners.
15 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
HOME OFFICE
means an ACCESSORY USE contained within one (1) room of a DWELLING UNIT, for a business that
involves office functions only and is operated by a RESIDENT of the DWELLING UNIT.
HOSPITAL
means a DEVELOPMENT used to provide in-patient and out-patient health care to the public, as defined
by the Hospitals Act.
HOTEL
means a commercial DEVELOPMENT, including a motel, used to provide temporary sleeping
accommodation to the public, and which may also contain a RESTAURANT, DRINKING ESTABLISHMENT
or convention/banquet hall.
HOUSEHOLD REPAIR SERVICE
means a DEVELOPMENT that provides repair services for household goods, equipment and appliances,
but does not include GENERAL SERVICE. Typical USES include: electronics and appliance repair shops;
and furniture refinishing and upholstery shops.
I
INDUSTRIAL OPERATION
means a DEVELOPMENT used for manufacturing, assembling, warehousing, processing or distribution of
materials or goods.
INTER-MUNICIPAL DEVELOPMENT PLAN
means a Statutory Planning document that is prepared and adopted, pursuant to Section 631 of the ACT,
by the Councils of the Town of High Level and neighbouring municipalities.
INTER-MUNICIPAL COLLABORATION FRAMEWORK
means a document that outlines an agreed upon level of cooperation between the Town of High Level and
a neighbouring municipality, pursuant to Part 17.2 Division 1 of the Municipal Government Act, which
ensures shared municipal services are provided to RESIDENTS efficiently and cost effectively.
INTER-MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD
means a joint board of individuals appointed pursuant to Section 627 of the Municipal Government Act that
hears SUBDIVISION and DEVELOPMENT appeals, within the INTER-MUNICIPAL DEVELOPMENT PLAN
area.
J
JOINT SUBDIVISION AND DEVELOPMENT APPEAL BOARD
means a Memorandum of Understanding (MOU) between the Town of High Level and neighbouring
municipalities within the region. Whereby, each municipality can request qualified and appointed
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) members and clerks from any of the
regional municipalities to participate in appeal hearings with their own municipal SDAB.
16 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
L
LAND USE DISTRICT
means a district described in the text of the BYLAW and delineated on one or more LAND USE DISTRICT
maps, in which only certain land USES may be allowed as either PERMITTED USES or DISCRETIONARY
USES, and which specific requirements must be satisfied before DEVELOPMENT may proceed.
LANDSCAPED AREA
means that portion of a SITE that requires LANDSCAPING.
LANDSCAPING
means preserving, enhancing or incorporating vegetative and other materials in a DEVELOPMENT. This
includes combining new and existing vegetative materials with architectural elements, existing SITE
features or other DEVELOPMENT features including fences or walls.
LANE
means a PUBLIC ROADWAY, not exceeding 9.1m/29.8ft. in width, which provides a secondary means of
ACCESS to a LOT. For an example of a LANE please see Figure 9.
LOADING SPACE
means a space that accommodates a MOTOR VEHICLE while it is being loaded or unloaded.
LOGGING SERVICE
means a DEVELOPMENT used to provide services for the harvesting of timber for the forest products
industry.
LOT
pursuant to Section 652 (3) of the Municipal Government Act, means a:
a) quarter section of land;
b) river LOT as shown on an official plan, as defined in the Surveys Act and any amendments
thereto, that is registered with Alberta Land Titles;
c) settlement LOT shown on an official plan, as defined in the Surveys Act and any amendments
thereto, that is registered with Alberta Land Titles;
d) part of a PARCEL where the boundaries of the part are separately described in a Certificate of
Title other than by reference to a legal SUBDIVISION; or
e) part of a PARCEL where the boundaries of the part are separately described in a Certificate of
Title by reference to a plan of SUBDIVISION.
LOT AREA
means the area of a LOT including any area dedicated to an EASEMENT or a PUBLIC RIGHT-OF-WAY
as shown on a plan of SUBDIVISION or described in a Certificate of Title.
LOT CORNER
means a LOT located at the intersection of two (2) or more PUBLIC ROADWAYS. For an example of a
LOT CORNER please see Figure 10.
17 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
LOT COVERAGE
means the percentage of LOT AREA covered by BUILDINGS and/or STRUCTURES above FINISHED
GRADE on the same LOT, but does not include DECKS or PATIOS.
LOT DEPTH
means the distance between the middle of the LOT LINE - FRONT and the middle of the LOT LINE -
REAR. For an example of a LOT DEPTH please see Figure 11.
LOT FRONTAGE
means the length of the LOT LINE - FRONT abutting a PUBLIC ROADWAY. In the case of LOT CORNER,
both the LOT LINE - FRONT and LOT LINE - FLANKAGE are considered to have LOT FRONTAGE. For
an example of a LOT FRONTAGE please see Figure 11.
LOT LINE
means a legally defined boundary of a LOT. For an example of a LOT LINE please see Figure 12.
LOT LINE - FLANKAGE
means, in the case of a LOT CORNER, the longest LOT LINE that abuts a PUBLIC ROADWAY, other than
a LANE, but does not include LOT LINE - FRONT. For an example of LOT LINE - FLANKAGE please see
Figure 12.
LOT LINE - FRONT
means the boundary dividing the LOT from an abutting PUBLIC ROADWAY, other than a LANE. In the
case of a LOT CORNER, the shortest LOT LINE that abuts a PUBLIC ROADWAY, other than a LANE shall
be the LOT LINE - FRONT. For an example of LOT LINE - FRONT please see Figure 12.
LOT LINE - REAR
means the LOT LINE that is opposite to the LOT LINE - FRONT. For an example of LOT LINE - REAR
please see Figure 12.
LOT LINE - SIDE
means the LOT LINE other than the LOT LINE - FRONT or LOT LINE - REAR. For an example of LOT
LINE - SIDE please see Figure 12.
LOT THROUGH
means any LOT other than a LOT CORNER having an ACCESS on two streets. For an example of a LOT
THROUGH please see Figure 10.
LOT WIDTH
means the average horizontal distance between the LOT LINE - SIDE(s) as determined by the
DEVELOPMENT AUTHORITY. In the case of LOT CORNER, LOT WIDTH means the average horizontal
distance between the LOT LINE - SIDE and the LOT LINE - FLANKAGE. For an example of a LOT WIDTH
please see Figure 11.
LUMBER YARD
means a DEVELOPMENT for the storage and the wholesale or retail sale of forest industry products, which
may include the sales of associated hardware and tools.
18 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
M
MANUFACTURED HOME - MOBILE
means a DWELLING UNIT, whether originally equipped with a heavy transport chassis, a hitch and wheel
assembly or not, that is manufactured in a controlled environment that conforms to the CSA-Z240 of the
National Building Code - Alberta Edition, is transported from one place to another as a single unit, or in two
(2) sections if a double-wide unit. A MANUFACTURED HOME - MOBILE does not require a PERMANENT
FOUNDATION, can be anchored on a concrete or wood block foundation, and does not include a
MANUFACTURED HOME - MODULAR or MANUFACTURED HOME - READY TO MOVE. For an
example of a MANUFACTURED HOME - MOBILE please see Figure 13.
MANUFACTURED HOME - MOBILE COMMUNITY
means a PARCEL of land, under single ownership that accommodates the placement of MANUFACTURED
HOME - MOBILE, whether privately-owned DWELLING UNITS or not, on PARK LOTS.
MANUFACTURED HOME - MOBILE PAD
means that portion of SITE that has been graded and designed for the placement of the MANUFACTURED
HOME - MOBILE.
MANUFACTURED HOME - MOBILE SALES
means a DEVELOPMENT used for the sale of MANUFACTURED HOMES - MOBILE and/or
MANUFACTURED HOME - MODULAR, which may include the storage and display of such units.
MANUFACTURED HOME - MODULAR
means a DWELLING UNIT that is manufactured in a controlled environment, which conforms to the CSA-
A277 of the National Building Code - Alberta Edition at the time of manufacture, is transported and
assembled on a PARCEL in one (1) or more sections. MANUFACTURED HOME - MODULAR does not
have a chassis, a hitch or wheel assembly, and the sections may be stacked vertically or placed side-by-
side. MANUFACTURED HOME - MODULAR must be placed upon a PERMANENT FOUNDATION,
includes MANUFACTURED HOME - READY TO MOVE, but does not include DWELLING SINGLE-
FAMILY, DWELLING - DUPLEX or MANUFACTURED HOME - MOBILE. For an example of a
MANUFACTURED HOME - MODULAR please see Figure 13.
MANUFACTURED HOME - READY TO MOVE
means a MANUFACTURED HOME - MODULAR that is transported in one (1) piece and placed upon a
PERMANENT FOUNDATION. A MANUFACTURED HOME - READY TO MOVE does not include
MANUFACTURED HOME - MOBILE.
MINI-STORAGE
means a DEVELOPMENT that provides cubicles for rent to the public for the storage of goods and may
include an office BUILDING containing eating and sleeping facilities for security personnel, but may not be
used as a DWELLING UNIT.
MOTOR VEHICLE
means as defined in the Traffic Safety Act, and any amendments thereto.
19 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MUNICIPALITY
means the Town of High Level.
MUSEUM
means a place or BUILDING in which works of artistic, historical, archeological and scientific value are
cared for, and exhibited.
N
NON-CONFORMING BUILDING
means, as defined in the ACT, a BUILDING:
a) that is lawfully constructed or lawfully under construction at the date the Land Use Bylaw
affecting that BUILDING or that land on which the BUILDING is situated becomes effective;
and
b) that on the date the Land Use Bylaw becomes effective the BUILDING does not, or when
constructed will not, comply with the Land Use Bylaw.
NON-CONFORMING USE
means, as defined in the ACT, a lawful specific USE:
a) being made of land or of 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 the USE does not, or in the case of a
BUILDING under construction, will not comply with the Land Use Bylaw.
NON-PROFIT COMMUNITY SUPPORT SERVICE
means an organization that exists solely to provide programs and services that are of public benefit.
O
OFF-SITE
means a location other than the SITE which is the subject of a DEVELOPMENT.
OFF-SITE LEVY
means a charge or a requirement to make a payment, as established in the Off-Site Levy Bylaw, that is
imposed as a condition of approval for some DEVELOPMENTS including SUBDIVISIONS. These fees may
relate to all or part of the capital costs associated with:
a) new or expanded facilities for the storage, transmission, treatment or supplying of water;
b) new or expanded facilities for the treatment, movement or disposal of sanitary sewage;
c) new or expanded storm sewer drainage facilities;
d) new or expanded roads required for or impacted by a SUBDIVISION or DEVELOPMENT;
e) land required for or in connection with any facilities described in Clauses (a) to (d).
OILFIELD SERVICE
means a DEVELOPMENT used to provide services for field operations in the exploration and extraction of
fossil fuels. Typical USES include power tongs and anchor services.
20 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
ON-SITE
means a location on the SITE which is the subject of a DEVELOPMENT.
OUTDOOR STORAGE
means an outdoor area forming part of a DEVELOPMENT used for the storage of equipment, goods,
materials, MOTOR VEHICLES, RECREATIONAL VEHICLE or products.
P
PARCEL
means the aggregate of one (1) or more areas of land described in a Certificate of Title, or described in a
Certificate of Title by reference to a plan filed or registered with Alberta Land Titles.
PARK LOT
means that leasable or rentable portion of land within a MANUFACTURED HOME - MOBILE
COMMUNITY, which has been reserved for the placement of a MANUFACTURED HOME - MOBILE.
PARKING
means leaving a MOTOR VEHICLE unattended temporarily on a LOT, PARCEL or SITE.
PARKING LOT
means a DEVELOPMENT or part thereof, which provides for ACCESS, maneuvering and PARKING of
MOTOR VEHICLES.
PARKING STALL
means a space within a STRUCTURE or a public or private PARKING LOT, exclusive of driveway, aisles,
ramps and columns for the PARKING of one (1) MOTOR VEHICLE.
PARKING STRUCTURE
means a multi-storey or multi-level PARKING garage, used for the temporary PARKING of MOTOR
VEHICLES.
PARTY WALL
means a wall separating DWELLING - DUPLEX, DWELLING - TOWNHOUSE or DWELLING - MULTIPLE
UNIT above and/or below grade that is jointly owned and used by two (2) separate parties under an
EASEMENT or PARTY WALL agreement, or by a right in law, and erected at or upon a line separating two
(2) PARCELS of land each of which is, or capable of being, a separate real-estate entity. For an example
of a PARTY WALL please see Figure 14.
PATIO
means an area at FINISHED GRADE designed for outdoor seating and may include the seasonal use of
outdoor areas associated with DWELLING UNITS or the exterior of RESTAURANTS or cafes in commercial
areas.
PAWNBROKER
means a person who carries on a business of loaning money on the security of the pledge or pawn of
personal property or a person who holds themselves out as ready to loan money on such security, and
does not include FINANCIAL INSTITUTIONS.
21 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
PERMANENT FOUNDATION
means a STRUCTURE constructed or erected with a fixed location on the ground or attached to something
having a fixed location on the ground with a foundational system or arrangement composed of, but not
limited to, footing, raft or pole, which may include walls, light standards and SIGNS and renders the
STRUCTURE fixed and immovable.
PERMITTED USE
means the USE of land or BUILDING, which is listed in the column captioned PERMITTED USES in most
LAND USE DISTRICTS appearing in this BYLAW, and for which a DEVELOPMENT PERMIT shall be
issued upon an application having conformed to the provisions of this BYLAW. In addition, a
DEVELOPMENT PERMIT application shall be approved if the conditions of approval ensure that the
DEVELOPMENT would conform to the provisions of this BYLAW.
PET SERVICE
means a DEVELOPMENT for the purpose of accommodation, boarding, breeding, grooming,
impoundment, training or the sale of small domestic animals including, but not limited to, cats and dogs.
PLACE OF WORSHIP
means a DEVELOPMENT used by a religious organization for worship and related religious, philanthropic
or social activities, including rectories, manses, and ACCESSORY BUILDINGS OR STRUCTURES.
Typical USES include churches, chapels, mosques, temples, synagogues, parish halls, convents and
monasteries, and any ACCESSORY USES to the PRINCIPAL USE.
PLACE OF WORSHIP - STOREFRONT CHURCH
means a church permitted in a commercial storefront BUILDING, within the C-1 LAND USE DISTRICT.
PRINCIPAL BUILDING
means a BUILDING where the main or PRINCIPAL USE of the SITE is conducted.
PRINCIPAL USE
means the primary or main purpose for which a BUILDING, STRUCTURE, land or any combination
thereof is used.
PRIVATE AMENITY AREA
means a BALCONY, PATIO, DECK, or similar STRUCTURE which is attached to and has a private
entrance from the interior of a DWELLING UNIT.
PRIVATE BABYSITTING SERVICE
means a service provided in a private residence where care is provided for children, some or all of whom
are children of persons other than the person providing the service, and does not require a license under
the Social Care Facilities Licensing Act.
PROFESSIONAL SERVICE
means a DEVELOPMENT used to provide PROFESSIONAL SERVICES, but does not include HEALTH
SERVICE or GOVERNMENT SERVICE. Typical USES are offices providing the following services:
accounting; architectural; employment; engineering; insurance; investment; legal; real estate; secretarial;
or travel agent.
22 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
PROPANE FACILITY
means a DEVELOPMENT used for the storage of bulk propane and may include the sale of propane.
PUBLIC EDUCATION SERVICES
means a DEVELOPMENT that is publicly supported or subsidized involving public assembly for
educational, training or instruction purposes, and includes the administration offices required for the
provisions of such services at the same SITE. This USE includes public schools and colleges, but does not
include SCHOOL - COMMERCIAL.
PUBLIC RIGHT-OF-WAY
means the right for the public to pass through a portion of land.
PUBLIC ROADWAY
means the PUBLIC RIGHT-OF-WAY of the following: a local road; a service road; a street; an avenue; a
LANE; or, an undeveloped registered road plan that is publicly used or intended for PUBLIC USE.
PUBLIC USE
means a USE, BUILDING, STRUCTURE or LOT used for public services which may be one (1) or more of
the following: a telecommunications system; a waterworks system; an irrigation or drainage system; a
system for the distribution of gas, whether natural or artificial; a system for the distribution of artificial light
or electric power; a heating system; or, a sewage system.
R
REAL PROPERTY REPORT
means a legal document showing BUILDING location and other SITE data prepared by a Registered Alberta
Land Surveyor according to the standards of the Alberta Land Surveyors Association. The REAL
PROPERTY REPORT takes the form of a plan of the various physical features of the LOT. The buyer,
seller, lender and municipality can rely upon the REAL PROPERTY REPORT as an accurate representation
of the BUILDINGS or improvements on the lot.
RECREATIONAL EQUIPMENT
means equipment defined as an off-highway vehicle in the Traffic Safety Act, and includes boats, but does
not include a RECREATIONAL VEHICLE.
RECREATIONAL SERVICE - INDOOR
means a DEVELOPMENT used for sports or recreation within an enclosed BUILDING and any related
accessory DEVELOPMENT for the users of the principal facilities.
RECREATIONAL SERVICE - OUTDOOR
means a DEVELOPMENT used for outdoor sports or leisure and any related ACCESSORY USES for the
convenience of the users of the principal outdoor facilities.
RECREATIONAL VEHICLE
means a portable STRUCTURE with seating and sleeping capacity to provide temporary living
accommodation that is either carried on or pulled by another vehicle, or transported under its own power.
23 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
RECREATIONAL VEHICLE SALES AND SERVICE
means a DEVELOPMENT used for the sales, rental and service of RECREATIONAL VEHICLES.
RECYCLING DEPOT
means a DEVELOPMENT for collecting, sorting and temporary storage of recyclable materials such as
bottles, cans, paper, boxes, and small household goods, but does not include a SALVAGE YARD.
RELOCATABLE INDUSTRIAL ACCOMMODATION
means a TEMPORARY DEVELOPMENT, subject to the National Building Code - Alberta Edition, greater
than 80m2/861.1sq.ft. in BUILDING area that is designed to be relocatable and usable without a
PERMANENT FOUNDATION for the provision of sleeping, sanitary and eating facilities for a work force.
RESIDENT
means a person that permanently resides and normally eats and sleeps within the DWELLING UNIT, and
when absent, intends to return.
RESTAURANT
means a DEVELOPMENT where foods and beverages are prepared and served for consumption ON-SITE
by the public and may include a take-out component as an ACCESSORY USE.
RETAIL - ADULT
means a DEVELOPMENT where more than 50% of the retail store inventory is for the sale or rental of
media materials including adult content, and/or where more than 50% of the retail store inventory is offering
the display and sale of non-clothing merchandise and/or products intended for adult use.
RETAIL - CANNABIS
means a DEVELOPMENT used for a retail store licensed by the Province of Alberta, where non-medicinal
cannabis and cannabis accessories are offered for sale to the public.
RETAIL - CONVENIENCE
means a DEVELOPMENT used for retail sales of those goods required by RESIDENTS on a day-to-day
basis in an enclosed BUILDING. Typical USES include: small food stores; drug stores; video sales and
rentals; and, variety stores selling confectionary, tobacco, groceries beverages, pharmaceuticals, personal
care items, hardware and printed matter.
RETAIL - GENERAL
means a DEVELOPMENT used for retail sale of groceries, beverages, household goods, furniture and
appliances, clothing, hardware, home improvement supplies, garden supplies, printed matter,
confectionary, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office
equipment, stationary and similar goods from within an enclosed BUILDING.
RETAIL - LIQUOR
means a store that sells alcoholic beverages and products for OFF-SITE consumption..
24 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
RETAIL - SPECIALTY STORE
means a store that specializes in, and offers a wide variety of brands, styles and models from a relatively
narrow category of specific goods for retail sale.
RETAINING WALL
means a structure designed to support and retain any material (usually earth) on a SITE. For an example
of a RETAINING WALL please see Figure 15.
S
SALVAGE YARD
means a facility for the storage, processing, or transshipment of derelict MOTOR VEHICLES, machinery,
scrap metal and similar materials for sale.
SCHOOL - COMMERCIAL
means a commercial DEVELOPMENT used for the training and instruction in a trade, skill or service, but
does not include PUBLIC EDUCATION SERVICE. Typical USES include: trade; secretarial; business;
hairdressing; driver training; dancing; music; or academic tutoring schools.
SCREENING
means a vertical physical barrier constructed out of building or vegetative materials used for the purpose
of total or partial concealment, containment or to prevent unauthorized access, which serves as a visual
screen.
SECONDARY SUITE
means one (1) additional ACCESSORY DWELLING UNIT which includes cooking facilities and is created
within a DWELLING - SINGLE FAMILY or GARAGE - DETACHED and intended for temporary or long-
term residency by a tenant. A SECONDARY SUITE shall have a separate entrance directly from the
exterior, or through a common area inside, or both.
SETBACK
means a specified distance from a PUBLIC ROADWAY, LOT LINE, or STRUCTURE, within which a
BUILDING is prohibited in compliance with this BYLAW.
SHIPPING CONTAINER
means a steel SHIPPING CONTAINER for ACCESSORY USE to the PRINCIPAL BUILDING. For an
example of a SHIPPING CONTAINER please see Figure 16.
SHOPPING CENTRE
means a DEVELOPMENT comprising three (3) or more separate commercial USE facilities that operate as
one (1) unit, and share a common PARKING LOT.
SIGHT TRIANGLE
means the triangle formed by a straight line drawn between two points at a roadway intersection, one (1)
located along a LOT LINE - FRONT and the second along a LOT LINE - FLANKAGE, at a distance of
7.5m/24.6ft. from the point where the LOT LINES intersect. Objects such as SIGNS, trees, BUILDINGS
25 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
and/or STRUCTURES cannot be situated within the SIGHT TRIANGLE. For an example of a SIGHT
TRIANGLE please see Figure 17.
SIGN OR SIGNAGE
means an object, STRUCTURE or device used for the purpose of identification or advertising, or to call
attention to any person, matter, or event, or to provide direction. For an example of SIGNS OR SIGNAGE
please see Figure 18.
SIGN AREA
means the total visible surface area of the SIGN. In the case of SIGN - FASCIA with individual lettering,
the sum of the combined areas of each individual letter is the total SIGN AREA. For examples of how to
calculate SIGN AREA please see Figure 19.
SIGN - BILLBOARD
means a large SIGN affixed to the ground with no association to any business or USE located on the LOT
or premises on which it is located. For an example of a SIGN - BILLBOARD please see Figure 18.
SIGN - CANOPY
means a SIGN attached to or forming part of a permanent BUILDING projection, projecting or fixed
structural framework, which extends outward from the exterior wall of a BUILDING. SIGN - CANOPY
includes marquees and awnings. For an example of a SIGN - CANOPY please see Figure 18.
SIGN - DIRECTORY
means a SIGN located on a property with more than one (1) establishment, which displays only a listing of
the names of these businesses or organizations without advertising copy, except a business logo. For an
example of a SIGN - DIRECTORY please see Figure 18.
SIGN FACE
means each individual side or face of a SIGN.
SIGN - FASCIA
means a SIGN, other than a SIGN - ROOF or SIGN - PROJECTING, which is attached to and supported
by a wall of a BUILDING. For examples of a SIGN - FASCIA please see Figure 18.
SIGN - FREESTANDING
means a SIGN, other than a SIGN - PORTABLE OR MOBILE, supported independently of a BUILDING
and securely fixed to the ground. For an example of a SIGN - FREESTANDING please see Figure 18.
SIGN - ILLUMINATED
means a SIGN lit internally with light(s) shining through a translucent or coloured material. For an example
of a SIGN - ILLUMINATED please see Figure 18.
SIGN - PORTABLE OR MOBILE
means a SIGN greater than 1m2/10.7sq.ft. in SIGN AREA. that is located on, but not permanently attached
to the ground. It is capable of being easily relocated and holds a SIGN with one (1) or more faces featuring
letters and/or symbols that can be changed manually or electronically through adjustable characters,
26 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
message panels or other means. For an example of a SIGN - PORTABLE OR MOBILE please see Figure
18.
SIGN - PROJECTING
means any SIGN, other than a SIGN - CANOPY, that is attached directly to a BUILDING wall, where the
SIGN FACE is perpendicular to the wall it is attached to. For an example of a SIGN - PROJECTING please
see Figure 18.
SIGN - ROOF
means any SIGN erected upon a roof, directly above a roof, on top of, or above the parapet of a BUILDING.
For an example of a SIGN - ROOF please see Figure 18.
SIGN - SANDWICH
means a SIGN less than 1m2/10.7sq.ft. in area, which is constructed of two (2) boards connecting at one
(1) end that can be readily taken on and off a SITE. For an example of a SIGN - SANDWICH please see
Figure 18.
SITE
means a LOT or PARCEL where a DEVELOPMENT exists or occurs, or for which a DEVELOPMENT
PERMIT application is submitted.
SMALL WIND ENERGY SYSTEM
means a wind energy conversion system consisting of a wind turbine rotating on, either a vertical or
horizontal axis, or a tower, and associated control or conversion electronics, which has a rated capacity of
not more than 5KW, which is intended to provide electrical power for consumption ON-SITE.
SOLAR COLLECTOR
means any device used to absorb sunlight that is part of a system used to convert solar radiation energy
into thermal or electrical energy.
STOREY
means a complete horizontal section of a BUILDING, having one continuous or, practically continuous floor,
with all the rooms on the same level. Any floor, which is at least 1.5m/4.9ft below FINISHED GRADE, is
considered a BASEMENT and not a STOREY. For an example of a STOREY please see Figure 7.
STRUCTURE
means anything that is erected, built, or constructed of multiple parts joined together or any such assembly
fixed to or supported by the FINISHED GRADE, or any other BUILDINGS and/or STRUCTURES, excluding
fences
SUBDIVISION
means the division of a PARCEL of land into one (1) or smaller PARCELS by a Plan of SUBDIVISION,
registered with Alberta Land Titles.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
means a board of individuals, appointed pursuant to Section 627 of the Municipal Government Act that
hears SUBDIVISION and DEVELOPMENT appeals, and renders a decision.
27 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
T
TAXI SERVICE
means a passenger transportation service with a MOTOR VEHICLE provided for a fee based on time and
distance travelled.
TEMPORARY
means a USE or BUILDING which occurs from the date of the DEVELOPMENT PERMIT approval for a
length of time as specified in the permit approval by the DEVELOPMENT AUTHORITY.
TEMPORARY BUNKHOUSE
means a TEMPORARY DEVELOPMENT, 80m2/861.1sq.ft. or less, that is designed to be relocatable and
usable without a PERMANENT FOUNDATION for the provision of sleeping and sanitary facilities, which
may include eating facilities.
THEATRE
means a DEVELOPMENT where live entertainment or motion pictures is provided to the public, not
including an ADULT ENTERTAINMENT FACILITY.
TOWN
means the Town of High Level.
TRANSMITTING STATION
means a DEVELOPMENT used for the transmission of data, or rebroadcast of telecommunications through
antenna or satellite transmitting equipment, which can be located above or at ground-level.
U
UNSIGHTLY CONDITION
means:
a) a STRUCTURE whose exterior shows signs of significant physical deterioration;
b) land that, in the opinion of the DEVELOPMENT AUTHORITY, shows signs of serious disregard
for general maintenance or upkeep; and
c) any other definition pursuant to the Community Standards Bylaw.
UTILITY SERVICES - MAJOR
means a DEVELOPMENT for public utility infrastructure purposes, which is a likely to have a major impact
on the environment or adjacent lands by virtue of their potential emissions, affects, or their appearance.
Typical USES include sanitary landfill sites, sewage treatment lagoons and power generating stations.
UTILITY SERVICES - MINOR
means a DEVELOPMENT for public utility infrastructure purposes, which is likely to have some impact on
the environment or adjacent uses by virtue of its appearance, noise, size, traffic generation or operational
characteristics. Typical USES include vehicle, equipment material storage for utilities and services, snow
dumping sites and water treatments plants.
28 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
USE
means the purpose for which land or a BUILDING and/or STRUCTURE, or any combination thereof, is
designated, arranged, erected, intended, occupied or maintained.
V
VARIANCE
means a deliberate deviation from the set of provisions supplied by the TOWN, which can be applied for
within DEVELOPMENT PERMIT applications, regarding DEVELOPMENT guidelines, requirements and
parameters within this BYLAW.
VETERINARY CLINIC
means a DEVELOPMENT used for the medical care and treatment of domestic animals and incidental
overnight accommodation, and does not include PET SERVICE.
W
WAREHOUSE
means the indoor storage of equipment, goods, MOTOR VEHICLES, RECREATIONAL VEHICLES,
materials or products as part of a commercial or industrial DEVELOPMENT.
WAREHOUSE STORE
means a DEVELOPMENT used for retail sale of goods at discounted prices, which provides a no-frills
experience and warehouse shelving stocked with merchandise intended for purchase in bulk or higher
volumes.
WATERBODY
means any location where water flows and/or is present, whether or not the flow or the presence of water
is continuous, intermittent or occurs only during a flood, and includes but is it not limited to, wetlands and
aquifers, and does not include part of a drainage or irrigation system.
X
XERISCAPING
means LANDSCAPING and gardening in a manner to reduce or eliminate the need for watering and
irrigation systems.
Y
YARD - FLANKAGE
means a YARD - SIDE abutting the road of a LOT CORNER. YARD - FLANKAGE is determined by the
horizontal dimension measured from a LOT LINE - FLANKAGE at a right angle to the nearest point of a
wall of any BUILDING and/or STRUCTURE on the LOT. In the case of a curved LOT LINE - FLANKAGE,
the YARD - FLANKAGE will also form a curve. For an example of a YARD - FLANKAGE please see Figure
20.
29 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
YARD - FRONT
means a yard extending across the full width of a SITE from the LOT LINE - FRONT to the nearest point
on the exterior of any BUILDING and/or STRUCTURE situated on the LOT measured at right angles to the
LOT LINE - FRONT. In the case of a curved LOT LINE - FRONT, the YARD - FRONT will also form a
curve. For an example of a YARD - FRONT please see Figure 20.
YARD - REAR
means a yard extending across the full width of a SITE from the LOT LINE - REAR to the nearest point on
the exterior of any BUILDING and/or STRUCTURE situated on the SITE, measured at right angles to the
LOT LINE - REAR. In the case of a curved LOT LINE - REAR, the YARD - REAR will also form a curve.
For an example of a YARD - REAR please see Figure 20.
YARD - SIDE
means the horizontal dimension measured from a LOT LINE - SIDE at a right angle to the nearest point of
a wall of any BUILDING and/or STRUCTURE on the LOT. In the case of a curved LOT LINE - SIDE, the
YARD - SIDE will also form a curve. For an example of a YARD - SIDE please see Figure 20.
30 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
3.0. ADMINISTRATION AND PROCEDURES
DEVELOPMENT AUTHORITY
3.1 BYLAW AMENDMENTS
3.1.1
A BYLAW amendment application shall be made to COUNCIL on the Land Use Bylaw Amendment
Application Form that is signed by the applicant, or their agent.
3.1.2
All applications to amend this BYLAW shall be submitted with a statement of the reasons for the
amendment.
3.1.3
If the amendment involves the re-zoning of a LOT to a different LAND USE DISTRICT, the
application must contain:
a) the application fee as set by COUNCIL;
b) a Certificate of Title for the subject property;
c) written consent from the registered landowner, in a case where the applicant is not the owner
of the LOT affected by the application;
d) an appropriately dimensioned map describing the SITE to the satisfaction of the
DEVELOPMENT AUTHORITY;
e) an AREA STRUCTURE PLAN when required by the DEVELOPMENT AUTHORITY; and
f)
any additional information as the DEVELOPMENT AUTHORITY may require in evaluating the
application, including but not limited to, traffic impact assessments, ENVIRONMENTAL
IMPACT ASSESSMENTS, soil tests, engineering reports or geotechnical reports.
3.1.4
The TOWN may at any time initiate an amendment to this BYLAW.
3.1.5
Where an application for an amendment to this BYLAW has been refused, the submission of
another application to amend this BYLAW which affects the same PARCEL, and same or similar
amendment, may not be made by any applicant for a minimum of six (6) months.
31 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
3.2 BYLAW AMENDMENT NOTIFICATION REQUIREMENTS
3.2.1
On first reading being given to a bylaw to amend this BYLAW, in accordance with the Advertisement
- Public Notification Bylaw administration will:
a) Arrange for notice of a public hearing to be published in a newspaper circulating within TOWN,
the publication of the second issue being not less than five (5) days prior to the commencement
of the public hearing in a manner outlined in Section 606 of the ACT;
b) Post copies of the public hearing notice on the TOWN'S digital media platforms for public
viewing;
c) Mail a notice of the public hearing to any neighbouring landowners who, in the opinion of the
DEVELOPMENT AUTHORITY, may be affected by the proposed amendment; and
d) May contact neighbouring landowners who, in the opinion of the DEVELOPMENT
AUTHORITY, may be affected by the proposed amendment via email.
3.3 SUBDIVISION AND DEVELOPMENT AUTHORITIES
3.3.1
DEVELOPMENT AUTHORITIES
a) The DEVELOPMENT AUTHORITY is established by the Development Authority Bylaw,
pursuant to Section 624 of the ACT.
b) The DEVELOPMENT AUTHORITY shall exercise development powers and duties on behalf
of the TOWN.
c) The DEVELOPMENT AUTHORITY shall be the Chief Administrative Officer, or where the
context of this BYLAW permits, the SUBDIVISION AND DEVELOPMENT APPEAL BOARD,
TOWN COUNCIL, or the Inter-Municipal Planning Commission.
d) The DEVELOPMENT AUTHORITY shall appoint a Development Officer to receive and process
all DEVELOPMENT PERMIT applications for authorization, maintain a record of all
DEVELOPMENT PERMIT applications and supporting information, and ensure approved
amendments to this BYLAW are completed for public use in a timely manner.
e) COUNCIL shall serve as the DEVELOPMENT AUTHORITY for all applications in the Direct
Control (DC) LAND USE DISTRICTS, and may delegate applications within the DC LAND USE
DISTRICT, with direction they consider appropriate, to the DEVELOPMENT AUTHORITY.
3.3.2
SUBDIVISION AUTHORITIES
a) The SUBDIVISION Authority is established by the Subdivision Authority Bylaw, pursuant to
Section 623 of the ACT.
b) The SUBDIVISION Authority shall exercise SUBDIVISION powers and duties on behalf of the
TOWN.
c) The SUBDIVISION Authority shall be the Chief Administrative Officer, or where the context of
this BYLAW permits, the SUBDIVISION AND DEVELOPMENT APPEAL BOARD, TOWN
COUNCIL, or the Inter-Municipal Planning Commission.
3.3.3
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
a) The SUBDIVISION AND DEVELOPMENT APPEAL BOARD shall be established by the
Subdivision and Development Appeal Board Bylaw, pursuant to Section 627 of the ACT.
b) The Board shall carry out the duties and responsibilities pursuant to Section 628 of the ACT,
and in accordance with the Subdivision and Development Appeal Board Bylaw.
c) Elected officials shall not form the majority of a SUBDIVISION AND DEVELOPMENT APPEAL
BOARD or Committee hearing an appeal.
32 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
3.3.4
INTER-MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD
a) The INTER-MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD shall be
established by a separate BYLAW.
b) The Board shall carry out the duties and responsibilities pursuant to Section 627 of the ACT,
and in accordance with the bylaw that creates it.
c) Elected officials from a single Municipality shall not form the majority of an INTER-MUNICIPAL
SUBDIVISION AND DEVELOPMENT APPEAL BOARD or Committee hearing an appeal.
3.3.5
JOINT SUBDIVISION AND DEVELOPMENT APPEAL BOARD
a) The JOINT SUBDIVISION AND DEVELOPMENT APPEAL BOARD shall function under the
signed Memorandum of Understanding between the Town of High Level and neighbouring or
regional Municipalities.
b) The Board shall carry out the duties and responsibilities pursuant to Section 627 of the ACT,
and in accordance with the Memorandum of Understanding that creates it.
c) Elected officials from a single Municipality shall not form the majority of a JOINT SUBDIVISION
AND DEVELOPMENT APPEAL BOARD or Committee hearing an appeal.
33 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.0 DEVELOPMENT ADMINISTRATION AND
PROCEDURES
4.1 CONTROL OF DEVELOPMENT
4.1.1
No person shall commence any DEVELOPMENT within the TOWN except in conformity with this
BYLAW.
4.1.2
Compliance with the requirements of this BYLAW does not exempt any person or entity from the
requirements of any adopted Statutory Plan or Federal or Provincial regulation.
4.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
4.2.1
The following DEVELOPMENTS do not require a DEVELOPMENT PERMIT, but must comply with
the regulations of this BYLAW to the extent applicable:
a) a DEVELOPMENT that is subject to valid DEVELOPMENT agreement for:
i)
constructing, widening, altering, redesigning or maintaining a PUBLIC ROADWAY;
ii) traffic management projects and devices;
iii) water reservoirs, water lines, storm and sanitary sewer installations;
iv) street furniture, playgrounds, public park LANDSCAPING, municipal recreational
equipment and civic BUILDINGS with FLOOR AREA - GROSS under 75m2/807.2sq.ft.
and;
v) constructing and maintaining public utilities;
b) construction and maintenance of that part of a public utility located in, on, over or under a
PUBLIC ROADWAY, a public utility right-of-way or public utility LOT;
c) the USE of a BUILDING or a part of it in connection with a Federal, Provincial, Municipal, or
School election, referendum or census;
d) subject to Subsection 5.13 GARAGES - PORTABLE OR TEMPORARY;
e) routine maintenance of and repairs to a BUILDING not involving any structural changes;
f)
in a residential LAND USE DISTRICT, construction of a STRUCTURE less than
13m2/139.9sq.ft. in FLOOR AREA, such as a garden shed or playhouse, if the DEVELOPMENT
34 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
complies with this BYLAW;
g) in a residential LAND USE DISTRICT, construction of:
i)
a DECK to a maximum of 0.6m/1.9ft. above FINISHED GRADE;
ii) a PATIO;
iii) a permanent outdoor kitchen;
iv) subject to Section 5.23 a private swimming pool or hot tub;
h) in a residential LAND USE DISTRICT, one (1) radio antenna less than 12m/39.3ft. above
FINISHED GRADE at its highest point, which otherwise complies with this BYLAW;
i)
construction of a fence less than 2m/6.5ft. in height above FINISHED GRADE in a YARD -
REAR, YARD - SIDE and YARD - FLANKAGE and no more than 1m/3.2ft. in YARD - FRONT;
j)
a HOME OCCUPATION that involves catalogue sales or product presentation through home
parties not held at the vendor's residence, employs no other person than the RESIDENT and
does not increase traffic generation;
k) a HOME OFFICE, provided that:
i)
no individual other than a permanent RESIDENT of the DWELLING UNIT operates the
HOME OFFICE;
ii) no client or customer is received in the DWELLING UNIT for business purposes;
iii) the HOME OFFICE does not generate any vehicular traffic related to deliveries or
pickups;
iv) there are no ON-SITE exterior displays or advertisements of the HOME OFFICE;
v) no equipment, materials, goods or finished products for sale are stored ON-SITE;
vi) the HOME OFFICE is operated as an ACCESSORY USE only and must not change
the residential character or external appearance of the DWELLING UNIT;
l)
PRIVATE BABYSITTING SERVICE; and
m) LANDSCAPING that does not affect the grading or drainage of the subject or adjacent
properties, except where LANDSCAPING forms part of a DEVELOPMENT that requires a
DEVELOPMENT PERMIT.
4.3 APPLICATION FOR A DEVELOPMENT PERMIT
4.3.1
In addition to DEVELOPMENT PERMITS being required for all DEVELOPMENT, except those
excluded in Subsection 4.2, a DEVELOPMENT PERMIT shall be required for:
a) a CHANGE OF USE of a property;
b) a change in the intensity of a USE;
c) a change to the footprint of an existing BUILDING and/or STRUCTURE;
d) a change in the location or placement of a BUILDING and/or STRUCTURE;
e) a HOME OCCUPATION;
f)
an ACCESSORY BUILDING OR STRUCTURE, subject to Clause 4.2.1(f); and
g) an existing BUILDING or USE that has not been in operation for a period of six (6) consecutive
months.
4.3.2
Without limiting the generality of Article 4.3.1, BUILDING - MOVED IN requires a DEVELOPMENT
PERMIT.
4.3.3
An application for a DEVELOPMENT PERMIT shall be made by the registered owner of the LOT
on which the DEVELOPMENT is proposed, by a person having a registered interest in the land
where the DEVELOPMENT is proposed, or by another person with written consent from the owner,
to the DEVELOPMENT AUTHORITY by submitting the following:
a) the applicable Development Permit Application Form completed and signed;
35 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
b) the fee as set by COUNCIL; and
c) the information required in Article 4.3.4.
4.3.4
Unless the DEVELOPMENT AUTHORITY or this BYLAW specifies otherwise, the following
information must be submitted when an application for a DEVELOPMENT PERMIT is made:
a) SITE plans drawn to scale, in duplicate, showing:
i)
the legal description and civic address of the property;
ii) LOT LINES with dimensions and SETBACK requirements in accordance to this
BYLAW;
iii) location and height of proposed and any existing BUILDINGS and/or STRUCTURES,
including SIGNS, RETAINING WALLS and fencing;
iv) utilities, SITE drainage, grade elevations, existing and FINISHED GRADE, the grade
of streets and location of proposed water and sewer lines;
v) loading and PARKING provisions;
vi) ACCESS locations from the SITE;
vii) garbage, storage areas and the fencing and SCREENING proposed for the SITE;
viii) location and dimensions of existing and proposed culverts and crossings;
ix) location and provision for amenity areas and LANDSCAPED AREAS;
b) BUILDING plans drawn to scale, in duplicate, showing:
i)
floor plans;
ii) BUILDING elevations;
iii) exterior BUILDING finishing materials;
c) a statement of ownership of and interest of applicant therein;
d) the estimated commencement and completion dates;
e) the total approximate project value in Canadian dollars;
f)
a Lot Grading Plan that is in conformance with Section 5.6; and
g) such additional information deemed necessary by the DEVELOPMENT AUTHORITY to ensure
the provisions of this BYLAW are met.
4.3.5
Notwithstanding Article 4.3.3, depending on the specific location and proposed USE, the
DEVELOPMENT AUTHORITY may also require detailed information such as:
a) specifics related to the USE and type of operation;
b) traffic generation and potential impacts on streets related to PARKING;
c) SIGNAGE;
d) number of employees;
e) hours of operation;
f)
architectural drawings demonstrating a design consistent with the Town of High Level Design
Guidelines; and
g) other matters at the discretion of the DEVELOPMENT AUTHORITY, with the intent of
h) protecting adjacent and nearby properties.
4.3.6 All DEVELOPMENTS that require new a water and sewer connection, must apply for a Water and
Sewer Connection Permit.
4.4 DECISION PROCESS
36 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.4.1
The DEVELOPMENT AUTHORITY shall receive all applications for DEVELOPMENT PERMITS
and shall determine whether the submitted applications are complete and;
a) if the application is deemed complete, the DEVELOPMENT AUTHORITY must, within 40 days
after receipt of an application for a DEVELOPMENT PERMIT, issue to the applicant an
acknowledgement that the permit application is complete, via electronic or regular mail;
b) if the application is deemed incomplete, the DEVELOPMENT AUTHORITY must notify the
applicant of the outstanding required information and/or documents, and provide a timeline
within which the documents must be submitted through electronic or regular mail. If the
applicant fails to submit outstanding information and/or documents, either on or before the date
specified in the notification, the application will be refused, unless an agreement occurs
between the DEVELOPMENT AUTHORITY and the applicant; or
c) if the application is deemed complete, the DEVELOPMENT AUTHORITY may within 40 days
after receipt of an application approve or refuse the application, and notify the applicant of the
decision via electronic or regular mail.
4.4.2
The DEVELOPMENT AUTHORITY shall review each application for a DEVELOPMENT PERMIT
to determine if the DEVELOPMENT is a PERMITTED USE or a DISCRETIONARY USE.
4.4.3
Subject to Subsection 4.9 and any other VARIANCE provision contained in this BYLAW, the
DEVELOPMENT AUTHORITY shall refuse an application, which does not conform to this BYLAW
unless, in the opinion of the DEVELOPMENT AUTHORITY,
a) The proposed DEVELOPMENT would not
i)
unduly interfere with the amenities of the neighbourhood; or
ii) materially interfere with or affect the USE, enjoyment or value of neighbouring
PARCELS of land; and
b) the proposed DEVELOPMENT conforms with the USE prescribed for that LOT or BUILDING
within the BYLAW.
4.4.4
Notwithstanding Article 4.4.3, the DEVELOPMENT AUTHORITY may exercise discretion to
approve a DEVELOPMENT that does not conform to this BYLAW, if in the opinion of the
DEVELOPMENT AUTHORITY the DEVELOPMENT addresses a safety, accessibility or other
concern.
4.4.5
The DEVELOPMENT AUTHORITY shall issue a DEVELOPMENT PERMIT for a PERMITTED USE
with or without conditions, if the application conforms to this BYLAW.
4.4.6
The
DEVELOPMENT
AUTHORITY
may
issue
a
DEVELOPMENT
PERMIT
for
a
DISCRETIONARY USE, with or without conditions, if the application conforms to this BYLAW.
4.4.7
The DEVELOPMENT AUTHORITY may issue a DEVELOPMENT PERMIT approval for USES
which are not permitted or discretionary with or without conditions at their discretion.
4.4.8
The DEVELOPMENT AUTHORITY may refuse a DEVELOPMENT PERMIT application for a
DISCRETIONARY USE on its merits even if it conforms to the regulations of this BYLAW.
4.4.9
The DEVELOPMENT AUTHORITY shall make their decision in writing and shall send a copy of
the written decision to the applicant.
37 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.4.10 If the DEVELOPMENT AUTHORITY refuses an application for a DEVELOPMENT PERMIT, the
decision notice shall contain the reasons for refusal.
4.4.11 An application for a DEVELOPMENT PERMIT shall, at the option of the applicant, be deemed
refused when a decision is not made within 40 days of the DEVELOPMENT AUTHORITY'S receipt
of the complete application, unless the applicant has entered into an agreement with the
DEVELOPMENT AUTHORITY to extend the time for approval beyond the 40 day period.
4.4.12 TEMPORARY DEVELOPMENT PERMITS may be issued for a specified time period, at the
discretion of the DEVELOPMENT AUTHORITY, for PERMITTED USES or DISCRETIONARY
USES defined within this BYLAW, if the USE is identified as TEMPORARY, or if the
DEVELOPMENT AUTHORITY deems it appropriate. TEMPORARY DEVELOPMENT PERMITS
may also be approved for non-permitted USE and non-discretionary USE within any LAND USE
DISTRICT, at the discretion of the DEVELOPMENT AUTHORITY.
4.5 NOTIFICATIONS
4.5.1
In accordance with the Advertisement - Public Notification Bylaw, the DEVELOPMENT
AUTHORITY shall provide notification of all decisions on DEVELOPMENT PERMITS, including
COUNCIL decisions related to DEVELOPMENTS in Direct Control LAND USE DISTRICTS, in the
following ways:
a) copies of decisions made available for public viewing at the TOWN Office;
b) posting copies of decisions on the TOWN'S digital media platforms for public viewing;
c) posting in a newspaper circulated within TOWN, stating the DEVELOPMENT, its location and
decision within 15 days of the decision; and
d) via email to applicants and registered landowners.
4.5.2
In addition to Article 4.5.1, upon refusing a DEVELOPMENT PERMIT application; the
DEVELOPMENT AUTHORITY shall deliver a notice of the decision by registered mail or by
personal service to the applicant, stating the DEVELOPMENT and the decision.
4.5.3
In addition to Article 4.5.1, the DEVELOPMENT AUTHORITY shall provide written notice of the
approval of a BUILDING - MOVED IN or a HOME OCCUPATION, with the exception of Clause
4.2.1(l),to all adjacent landowners within a 100m/330ft. radius of the proposed SITE.
4.6 DEVELOPMENT PERMIT CONDITIONS
4.6.1
The DEVELOPMENT AUTHORITY may, with respect to any USE, require the applicant to make
satisfactory arrangements for the supply of utilities or vehicular and pedestrian ACCESS, including
payment of the cost of installation or construction.
4.6.2
The DEVELOPMENT AUTHORITY may, with respect to any USE, require that an applicant enter
into an agreement or interim agreement, which shall form part of such DEVELOPMENT PERMIT,
to do any or all of the following:
a) construct, or pay for the construction of, a PUBLIC ROADWAY required to give ACCESS to
the DEVELOPMENT;
b) construct, or pay for the construction of:
i)
a pedestrian walkway to serve the DEVELOPMENT;
38 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
ii) pedestrian walkways that will connect the pedestrian walkway system serving the
DEVELOPMENT with a pedestrian walkway system that serves or is proposed to serve
an adjacent DEVELOPMENT;
iii) or both;
c) install, or pay for the installation of, utilities that are necessary to serve the DEVELOPMENT;
d) pay an OFF-SITE LEVY, redevelopment levy or both, imposed by the Off-Site Levy Bylaw;
e) specify the number and location of vehicular and pedestrian ACCESS points to the
DEVELOPMENT from PUBLIC ROADWAYS;
f)
construct or pay for the construction of off-street or OFF-SITE PARKING facilities or loading or
unloading facilities;
g) repair, reinstate or pay for the repair or reinstatement to original condition of any street furniture,
curbing, sidewalk, BOULEVARD LANDSCAPING and tree planting which may be damaged,
destroyed or otherwise harmed by DEVELOPMENT or BUILDING operations upon the SITE;
h) install, construct or pay for the installation or construction of LANDSCAPING and fencing on
the DEVELOPMENT, PUBLIC ROADWAYS and public lands adjacent to the DEVELOPMENT;
and
i)
to give security to ensure that the terms of the agreement under this Section are carried out.
4.6.3
The DEVELOPMENT AUTHORITY may require that an agreement between the TOWN and
applicant be entered into for items identified in Article 4.6.1 and Article 4.6.2, and that this
agreement be registered by CAVEAT against Certificate of Title to the LOT with Alberta Land Titles.
4.6.4
The agreement under Article 4.6.3 may include provisions contemplated by Section 651 of the ACT
in respect of oversize improvements.
4.6.5
In addition to Article 4.6.1 and Article 4.6.2, the DEVELOPMENT AUTHORITY may, with respect
to a PERMITTED USE, impose conditions as deemed appropriate, having regard to the regulations
of this BYLAW, and the provisions of the Town of High Level Design Guidelines and any Statutory
Plan including, but not limited to the following conditions:
a) limiting the hours of operation;
b) limiting the number of patrons;
c) establishing LANDSCAPING requirements;
d) requiring noise mitigation;
e) requiring special provisions be made for PARKING;
f)
specifying the location, character and appearance of a BUILDING;
g) specifying the grading of a SITE or such other procedures as are necessary to protect the SITE
from other DEVELOPMENTS, or to protect other DEVELOPMENTS from the SITE;
h) establishing the period of time which a DEVELOPMENT may continue;
i)
specifying certain measures be taken to make the DEVELOPMENT compatible with
surrounding DEVELOPMENT; and
j)
requiring measures be taken to make the DEVELOPMENT compliant and compatible with the
general DEVELOPMENT or LAND USE DISTRICT regulations of this BYLAW.
4.6.6
It is hereby deemed a condition of every DEVELOPMENT PERMIT, whether or not expressly stated
therein that the applicant is responsible for identifying and shall comply with all applicable Federal,
Provincial and Municipal enactments and any other law with respect to the USE and
DEVELOPMENT of the land and BUILDINGS and shall, as required, to obtain any and all permits,
licenses and approvals.
39 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.6.7
In addition to Article 4.6.1 and 4.6.2, the DEVELOPMENT AUTHORITY, may with respect to a
DISCRETIONARY USE, or COUNCIL regarding a Direct Control LAND USE DISTRICT, may
impose conditions as deemed appropriate, having regard to the regulations of this BYLAW, and
the provisions of the Town of High Level Design Guidelines and any Statutory Plan including, but
not limited to the following conditions:
a) limiting the hours of operation;
b) limiting the number of patrons;
c) establishing LANDSCAPING requirements;
d) requiring noise mitigation;
e) requiring special provisions be made for PARKING;
f)
specifying the location, character and appearance of a BUILDING;
g) specifying the grading of a SITE or such other procedures as are necessary to protect the SITE
from other DEVELOPMENTS or to protect other DEVELOPMENTS from the SITE;
h) establishing the period of time which a DEVELOPMENT may continue;
i)
specifying certain measures be taken to make the DEVELOPMENT compatible with
surrounding DEVELOPMENT; and
j)
requiring measures be taken to make the DEVELOPMENT compliant and compatible with the
general DEVELOPMENT or LAND USE DISTRICT regulations of this BYLAW.
4.7 DEVELOPMENT PERMIT RULES
4.7.1
Unless otherwise provided by this BYLAW, a DEVELOPMENT PERMIT remains in effect unless:
a) the DEVELOPMENT PERMIT is suspended or cancelled; or
b) the DEVELOPMENT for which the permit is issued has not commenced within one (1) year of
the date the permit is issued
4.7.2
Notwithstanding Clause 4.7.1(b), if a BUILDING PERMIT is issued for the DEVELOPMENT within
the one (1) year period, the DEVELOPMENT PERMIT shall not lapse unless the BUILDING
PERMIT is cancelled, or the timeframe for the BUILDING PERMIT lapses.
4.7.3
Prior to the DEVELOPMENT PERMIT lapsing as outlined in Article 4.7.1, the DEVELOPMENT
AUTHORITY may extend the validity of a DEVELOPMENT PERMIT once for a period not
exceeding one (1) year.
4.7.4
When a DEVELOPMENT PERMIT is refused by the DEVELOPMENT AUTHORITY or the
SUBDIVISION AND DEVELOPMENT APPEAL BOARD, another DEVELOPMENT PERMIT
application for the same or similar DEVELOPMENT or USE on the same LOT may not be made by
any applicant for a six (6) month period, from the date of refusal.
4.7.5
Notwithstanding Article 4.7.4, the DEVELOPMENT AUTHORITY is authorized to accept a new or
revised application for the same or similar DEVELOPMENT or USE for the same SITE prior to six
(6) months having elapsed from the date of refusal, if in the opinion of the DEVELOPMENT
AUTHORITY, the aspects of the application that caused it to be refused have been sufficiently
modified or resolved.
4.7.6
An application for a PERMITTED USE on the same SITE, which complies with all applicable
provisions of this BYLAW, may be submitted prior to six (6) months having elapsed from the date
of refusal.
40 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.7.7
If after the issuance of a DEVELOPMENT PERMIT, it becomes known to the DEVELOPMENT
AUTHORITY that:
a) the application for the DEVELOPMENT PERMIT contains a misrepresentation; or
b) facts have not been disclosed which should have been disclosed at the time of consideration
of the application for the DEVELOPMENT PERMIT;
the DEVELOPMENT AUTHORITY may suspend or cancel the DEVELOPMENT PERMIT and must
advise the applicant in writing to the address given in the DEVELOPMENT PERMIT application.
4.7.8
The DEVELOPMENT shall not be altered, changed, or modified from the approved plans or
specifications without written authorization from the DEVELOPMENT AUTHORITY.
4.8 COMPLIANCE CERTIFICATES AND REAL PROPERTY REPORTS
4.8.1
The registered owner, or a person with a legal or equitable interest in a SITE, may apply, upon
payment of the fee as set by COUNCIL, to the DEVELOPMENT AUTHORITY for a COMPLIANCE
CERTIFICATE.
4.8.2
The applicant for a COMPLIANCE CERTIFICATE shall submit an original REAL PROPERTY
REPORT for the SITE. Any REAL PROPERTY REPORT that is dated for a period of more than 90
days from the date of application, must be submitted with a Statutory Declaration indicating the
accuracy of the REAL PROPERTY REPORT.
4.8.3
The DEVELOPMENT AUTHORITY may issue a COMPLIANCE CERTIFICATE, when in the
opinion of the DEVELOPMENT AUTHORITY, the BUILDINGS, STRUCTURES or combination
thereof as shown on the REAL PROPERTY REPORT provided by the applicant, are located on the
SITE in accordance with the separation distance and minimum yard requirements of this BYLAW,
or the minimum yard requirements specified in any DEVELOPMENT PERMIT, which may have
been issued for the SITE.
4.8.4
The COMPLIANCE CERTIFICATE shall only cover those BUILDINGS and/or STRUCTURES, or
parts thereof, shown on the REAL PROPERTY REPORT as provided by the applicant.
4.8.5
The DEVELOPMENT AUTHORITY may refuse to issue a COMPLIANCE CERTIFICATE when the
REAL PROPERTY REPORT does not contain sufficient information to determine if the BUILDINGS
and/or STRUCTURES as shown are located in accordance with the yard and BUILDING SETBACK
regulations of this BYLAW, or the minimum yard requirements specified in any DEVELOPMENT
PERMIT, which may have been issued for the SITE.
4.8.6
The DEVELOPMENT AUTHORITY may refuse to issue a COMPLIANCE CERTIFICATE when:
a) the REAL PROPERTY REPORT does not indicate all DEVELOPMENTS that are located on
the LOT;
b) DEVELOPMENTS on the LOT were constructed without a DEVELOPMENT PERMIT; or
c) the DEVELOPMENT is in non-compliance with this, or any other TOWN bylaw.
4.8.7
A COMPLIANCE CERTIFICATE is not considered a DEVELOPMENT PERMIT.
41 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.9 VARIANCES
4.9.1
The DEVELOPMENT AUTHORITY may exercise discretion to approve DEVELOPMENT PERMIT
applications with VARIANCES defined in Table 4.1:
TABLE 4.1 VARIANCES FOR DEVELOPMENTS THAT COME INTO EXISTENCE AFTER THE
ENACTMENT OF THIS BYLAW
COMPONENT
VARIANCE IN RESIDENTIAL
DISTRICTS
VARIANCE IN
OTHER DISTRICTS
YARD - FRONT (minimum)
10% Relaxation
10% Relaxation
YARD - SIDE (minimum)
10% Relaxation
10% Relaxation
YARD - REAR (minimum)
10% Relaxation
10% Relaxation
BUILDING HEIGHT
10% Increase
10% Increase
LOT COVERAGE
10% Relaxation
0% Increase
FLOOR AREA (minimum)
10% Relaxation
0% Relaxation
DRIVE-THROUGH
RESTAURANT Queuing Spaces
Not Applicable
Up to 50%, based upon an
assessment by a qualified
engineer related to the
estimated traffic generated
at peak periods, and any
potential impact upon
public streets.
4.9.2
In exercising discretion pursuant to Article 4.9.1, a VARIANCE shall only be permitted if, in the
opinion of the DEVELOPMENT AUTHORITY:
a) the DEVELOPMENT would not:
i)
unduly interfere with the appearance of the neighborhood as it relates to BUILDING;
ii) design, BUILDING scale and LANDSCAPING; or
iii) materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
b) the DEVELOPMENT conforms with the USE prescribed for that LAND USE DISTRICT or
BUILDING in this BYLAW.
4.9.3
Requests for VARIANCES for non-complying or NON-CONFORMING BUILDINGS shall be made
to the DEVELOPMENT AUTHORITY by submitting the following:
a) the fee as set by COUNCIL; and
b) a REAL PROPERTY REPORT or Surveyor's Certificate stamped and signed by a Registered
Alberta Land Surveyor.
4.9.4
Applicants who request VARIANCES for proposed DEVELOPMENTS, shall make their request at
the time of submitting their DEVELOPMENT PERMIT application and shall submit the information
required in Subsection 4.3.
4.10 APPEAL PROCESS
4.10.1 If the DEVELOPMENT AUTHORITY:
42 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
a) refuses or fails to issue a DEVELOPMENT PERMIT to a person;
b) issues a DEVELOPMENT PERMIT subject to conditions; or
c) issues an Order under Section 645 of the ACT;
the person applying for the permit or affected by the Order under Section 645 of the ACT, may
appeal upon payment of the fee, as set by COUNCIL, to the SUBDIVISION AND DEVELOPMENT
APPEAL BOARD.
4.10.2 A person affected by a decision or DEVELOPMENT PERMIT made or issued by the
DEVELOPMENT AUTHORITY, other than a person having a right of appeal under Article 4.10.1,
may appeal upon payment of the fee, as set by COUNCIL, to the SUBDIVISION AND
DEVELOPMENT APPEAL BOARD in accordance to this BYLAW and the ACT.
4.10.3 The SUBDIVISION AND DEVELOPMENT APPEAL BOARD shall conduct an appeal in accordance
with the Subdivision and Development Appeal Board Bylaw and the ACT.
4.10.4 The Appellant shall file a written notice of an appeal and the required fee with the Secretary of the
SUBDIVISION AND DEVELOPMENT APPEAL BOARD within fourteen (14) days of notification of
the SUBDIVISION decision and twenty-one (21) days for DEVELOPMENT PERMIT decisions and
conditions, pursuant to Sections 686(1) and 678(2) of the ACT, or an Order pursuant to Section
685 of the ACT.
4.11 NON-CONFORMING DEVELOPMENT
4.11.1 Where a DEVELOPMENT PERMIT issued on, or before, the effective date this of BYLAW or any
amendment thereto is enacted, the DEVELOPMENT PERMIT shall continue to be in effect
regardless of compliance with this BYLAW or any subsequent amendments.
4.11.2 A NON-CONFORMING USE or NON-CONFORMING BUILDING, or both, may continue unless:
a) that USE is discontinued for a period of six (6) consecutive months or more;
b) the BUILDING is enlarged or undergoes any structural alterations;
c) additional BUILDINGS associated with NON-CONFORMING USE are constructed on the
same SITE; or
d) a NON-CONFORMING BUILDING is damaged or destroyed to the extent of more than 75% of
the value of the BUILDING above its foundation.
4.11.3 Notwithstanding Article 4.11.2, a NON-CONFORMING BUILDING may be enlarged, rebuilt or
structurally altered if the proposed construction:
a) will bring the NON-CONFORMING BUILDING into compliance with this BYLAW; or
b) if in the opinion of the DEVELOPMENT AUTHORITY, it is necessary for routine maintenance
of the BUILDING.
4.11.4 The USE of a LOT or the USE of a BUILDING is not affected by a change of ownership or tenancy
of the LOT or BUILDING.
4.11.5 LOTS existing prior to the adoption of this BYLAW that do not meet the minimum required width,
depth and area as prescribed for their LAND USE DISTRICT will continue to exist, should all other
requirements of this BYLAW be met.
43 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
4.12 ENFORCEMENT
4.12.1 If the DEVELOPMENT AUTHORITY finds that a DEVELOPMENT, USE of a LOT or USE of a
BUILDING is not in accordance with this BYLAW, DEVELOPMENT PERMIT or SUBDIVISION
approval, the DEVELOPMENT AUTHORITY may, by written notice, order the owner, the person in
possession of the LOT or BUILDING, or the person responsible for the contravention, or all of them,
to:
a) stop the DEVELOPMENT or USE of the LOT or BUILDINGS in whole or part as directed by
the notice;
b) demolish, remove or replace the DEVELOPMENT;
c) carry out any other actions required by the notice so that the DEVELOPMENT or USE of the
LOT or BUILDING complies with this BYLAW, DEVELOPMENT PERMIT or a SUBDIVISION
approval, within the time set out in the notice; or
d) any combination of the above.
4.12.2 A person who receives a notice referred to in Article 4.12.1 may appeal to the SUBDIVISION AND
DEVELOPMENT APPEAL BOARD in accordance to Subsection 4.10.
4.12.3 If a person fails or refuses to comply with an Order directed to them under this Section or an Order
of the SUBDIVISION AND DEVELOPMENT APPEAL BOARD, the TOWN may enter on the LOT
or BUILDING and take any action necessary to carry out the Order. The costs of the TOWN'S
action may be placed against the tax roll of the property, pursuant to Sections 542, 549 and 646(1)
of the ACT.
4.12.4 The TOWN may register a CAVEAT under the Land Titles Act in respect of an Order against the
Certificate of Title for the LOT that is the subject of the Order.
4.13 PENALTIES
4.13.1 Violation Penalties:
a) Any person who contravenes any provision of this BYLAW is guilty of an offence and is liable
to a fine for each offence of not more than:
i)
$500.00 for a first offence;
ii) $2,500.00 for a second and subsequent offence;
b) The DEVELOPMENT AUTHORITY is hereby appointed as a Bylaw Enforcement Officer
pursuant to the ACT, for the purpose of enforcing this BYLAW and is empowered to issue a
violation ticket pursuant to the Provincial Offences Procedure Act;
c) The DEVELOPMENT AUTHORITY may appoint another individual as a Bylaw Enforcement
Officer for the purpose of enforcing this BYLAW pursuant to Section 3 of the Bylaw
Enforcement Officer Bylaw, who is empowered to issue a violation ticket pursuant to the
Provincial Offences Procedure Act;
d) Where a contravention of this BYLAW is of a continuing nature, the DEVELOPMENT
AUTHORITY may issue further violation tickets for each day that the contravention continues;
e) The person to whom the violation ticket is issued may, in lieu of being prosecuted, sign the plea
of guilty on the violation ticket and pay the fine to the Clerk of the Court at the location indicated
on the violation ticket; and
f)
Where a contravention of this BYLAW continues fourteen (14) days after a conviction has been
entered as a result of such contravention, the person against whom the conviction has been
44 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
entered is guilty of a new and separate offence for each day as long as the offence continues.
4.13.2 Where a person is found guilty of an offence pursuant to this BYLAW, the Alberta Court of Queen's
Bench may, in addition to any other penalty imposed, order the person to comply with the ACT and
any regulations, a DEVELOPMENT PERMIT, a SUBDIVISION approval, an Order or decision of
the SUBDIVISION AND DEVELOPMENT APPEAL BOARD, or this BYLAW.
4.14 COMPLIANCE WITH OTHER LEGISLATION
4.14.1 A person applying for, or in possession of, a valid DEVELOPMENT PERMIT is not relieved from
full responsibility for ascertaining and complying with, or carrying out and shall ascertain, comply
or carry out DEVELOPMENT in accordance with:
a) the requirements of the Safety Codes Act, Environmental Protection and Enhancement Act,
Natural Resources Conservation Board Act, Water Act, National Building Code - Alberta
Edition, National Fire Code - Alberta Edition and Public Highways Development Act and any
amendments thereto;
b) the Building Permit and Standards Bylaw;
c) the requirements of any other Federal, Provincial or Municipal enactment or any other law; and
d) the conditions of any CAVEAT, COVENANT, EASEMENT or other instrument affecting a
BUILDING or LOT.
4.14.2 The TOWN is not responsible for, nor does the TOWN have any obligation to determine, what other
legislation may apply to a DEVELOPMENT, nor to monitor or enforce compliance with such
legislation.
45 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.0 GENERAL LAND USE PROVISIONS
5.1 LAND USE REGULATIONS
5.1.1
Notwithstanding any other land-use regulation contained within this BYLAW, the following
regulations shall apply to all DEVELOPMENT.
5.2 DESIGN, CHARACTER AND APPEARANCE OF BUILDINGS AND/OR
STRUCTURES
5.2.1
In consideration of a DEVELOPMENT PERMIT, the appearance of all BUILDINGS and/or
STRUCTURES, beyond those BUILDINGS regulated in the Town of High Level Design Guidelines,
must be compatible with any other BUILDING and/or STRUCTURE existing on the SITE and in the
vicinity, unless the BUILDING and/or STRUCTURE, in the opinion of the DEVELOPMENT
AUTHORITY, sets a higher standard of design, character and appearance for a LAND USE
DISTRICT or part of it.
5.2.2
The design of DWELLING - DUPLEX, DWELLING - TOWNHOUSE, DWELLING - APARTMENT,
DWELLING - MULTIPLE UNIT, ASSISTED LIVING FACILITIES, and any DEVELOPMENT within
the C-1 LAND USE DISTRICT are subject to the Town of High Level Design Guidelines.
5.2.3
Notwithstanding Article 5.2.2, alterations to existing BUILDINGS shall not be required to comply
with the Town of High Level Design Guidelines when they are renovations that, in the opinion of
the DEVELOPMENT AUTHORITY, are associated with the regular maintenance of a BUILDING
and/or STRUCTURE.
5.3 SIGHT TRIANGLE ON LOT CORNER
5.3.1
On a LOT CORNER a fence, SIGN, hedge, shrub, bush, tree, BUILDING and/or STRUCTURE
shall not be erected or permitted to grow to a height more than 1m/3.2ft. above the FINISHED
GRADE of the street or LANE that abuts the LOT within the SIGHT TRIANGLE. An example of a
46 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
SIGHT TRIANGLE can be found in Figure 17. The SIGHT TRIANGLE is measured 7.5m/24.6ft.
from the intersection or theoretical intersection of:
a) the LOT LINE - FRONT and the LOT LINE - FLANKAGE; or
b) the LOT LINE - FLANKAGE and the LOT LINE - REAR in the case of a LOT CORNER with a
rear LANE.
5.3.2
Notwithstanding Article 5.3.1, the DEVELOPMENT AUTHORITY may restrict the placement of any
object, regardless of height, if in the opinion of the DEVELOPMENT AUTHORITY, traffic safety is
interfered with.
5.4 PERMITTED ENCROACHMENTS
5.4.1
Permitted encroachments into required yards are features that are attached to a BUILDING, which
may project over or into a required minimum yard area, as outlined in Table 5.1.
TABLE 5.1 PERMITTED ENCROACHMENTS INTO REQUIRED YARDS
BUILDINGS,
STRUCTURES
OR
COMPONENTS
AREA TO BE ENCROACHED
Required
YARD -
FRONT
Required
YARD -
SIDE
Required
YARD - REAR
Required YARD
- FLANKAGE
PUBLIC
RIGHT-OF-
WAY
DECKS not more
than 1.5m above
FINISHED
GRADE
1.5m/4.9ft.
Within
1m/3.2ft. of
LOT LINE -
SIDE
Within
3m/9.85ft. of
LOT LINE -
REAR
0m/0ft.
0m/0ft.
Canopy,
BALCONY,
unenclosed
verandah or porch
1.5m/4.9ft.
600mm/23.6in
0m/0ft.
600mm/23.6in
0m/0ft.
Cantilevered wall
section or
chimney
600mm/24in
600mm/23.6in
1.5m/4.9ft.
600mm/23.6in
0m/0ft.
Unenclosed steps,
not more than 3m
above FINISHED
GRADE
1.5m/4.9ft.
0m/0ft.
1.5m/4.9ft.
0m/0ft.
0m/0ft.
Cornice or eave of
a PRINCIPAL
BUILDING
1.5m/4.9ft.
600mm/23.6in
1.2m/3.9ft.
1.2m/3.9ft.
0m/0ft.
Cornice or eave of
an ACCESSORY
BUILDING OR
STRUCTURE
600mm/23.6in
600mm/23.6in
600mm/23.6in
600mm/23.6in
0m/0ft.
Freestanding
exterior air
conditioner
0m/0ft.
1m/3.2ft. from
LOT LINE
1m/3.2ft. from
LOT LINE
0 m/0ft.
0m/0ft.
47 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.4.2
Notwithstanding Article 5.4.1, the encroachment of eaves, canopies and BALCONIES within C-1
LAND USE DISTRICT may be permitted to exceed the requirements outlined in Table 5.1 at the
discretion of the DEVELOPMENT AUTHORITY, so long as they do not surpass the LOT LINE.
5.4.3
No permitted encroachment outlined in Articles 5.4.1 and 5.4.2 shall result in runoff or drainage
from the roof of a BUILDING and/or STRUCTURE running through or ponding on a neighbouring
property.
5.5 DEVELOPMENT OF WETLANDS, ENVIRONMENTALLY SENSITIVE AREAS AND
LANDS SUBJECT TO FLOODING AND SUBSIDENCE
5.5.1
The DEVELOPMENT AUTHORITY may submit any DEVELOPMENT PERMIT application for
DEVELOPMENTS on or near ENVIRONMENTALLY SENSITIVE AREAS or wetlands to Alberta
Environment and Parks for comments and recommendations.
5.5.2
When reviewing a DEVELOPMENT PERMIT application for DEVELOPMENTS on or near
ENVIRONMENTALLY SENSITIVE AREAS and wetlands the DEVELOPMENT AUTHORITY shall
consider:
a) the affect of the proposed DEVELOPMENT on the subject lands and the surrounding area;
b) the soil and slope conditions of the subject property and surrounding areas;
c) any information on the history of the subject property from a geo-technical perspective; and
d) comments and recommendations from Alberta Environment and Parks.
5.5.3
On lands near, or identified as, ENVIRONMENTALLY SENSITIVE AREAS or wetlands, or lands
subject to flooding and subsidence, the DEVELOPMENT AUTHORITY may require the following
information to be submitted as part of a DEVELOPMENT PERMIT application, an application to
amend this BYLAW, an application for SUBDIVISION approval or an application to amend a
Statutory Plan:
a) a geo-technical study, prepared by a qualified professional geo-technical engineer, addressing
the proposed DEVELOPMENT. The geo-technical study shall establish BUILDING and/or
STRUCTURE SETBACKS from these LOT LINES or wetlands based on the land
characteristics of the subject property;
b) a Certificate from a qualified professional geo-technical engineer certifying that the design of
the proposed DEVELOPMENT was undertaken with full knowledge of the soil and slope
conditions of the subject property;
c) a Certificate from a qualified professional geo-technical engineer when the proposed
DEVELOPMENT includes cut and/or fill sections on slopes, including the addition of fill to the
subject property;
d) storm-water modelling to determine potential impacts on neighbouring properties and the
TOWN'S existing infrastructure, which may result in the preparation of a Storm-water
Management Plan prepared by a certified engineer; and
e) any other study or assessment as may be recommended by Alberta Environment and Parks.
5.5.4
The DEVELOPMENT AUTHORITY may require that the property owner and/or the applicant to
register a restrictive COVENANT against the Certificate of Title for the subject property related to
the DEVELOPMENT approved for the subject property.
48 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.6 LOT GRADING AND DRAINAGE
5.6.1
LOT grading design shall compliment the overall design of both the minor and major storm drainage
systems of the TOWN.
5.6.2
LOTS shall be graded and sloped in such a manner that a minimum of surface run-off water will be
conducted to other properties.
5.6.3
Where surface drainage swales direct run-off from one LOT to the next, the necessary drainage
EASEMENTS shall be registered concurrently with the Lot Grading Plan of a SUBDIVISION.
5.6.4
All lands shall be graded to drain towards developed streets and/or storm water catch basins or
drainage channels.
5.6.5
BOULEVARD areas shall be graded to provide a minimum slope of 2% from LOT LINE to top of
the curb.
5.6.6
Commercial and Industrial LOTS may be graded to drain to ON-SITE storm water catch basins.
5.6.7
In circumstances where YARD-REAR slopes towards the BUILDING, provisions are required to
keep the run-off at least 3m/9.85ft. away from the BUILDING, with the possibility of draining the
surface water along the LOT LINES onto the streets.
5.6.8
Where drainage swales are provided on LOT LINE - REAR in LANE-less SUBDIVISIONS, the
developer shall provide an approved concrete drainage swale. The drainage swale shall be
provided on one (1) side of the LOT LINE and be placed in a drainage EASEMENT.
5.6.9
The maximum slope draining towards LOT LINES shall not exceed 10% within 1.5m/4.9ft. of the
LOT LINE. The slope away from BUILDINGS shall meet the minimum requirements of the National
Building Code - Alberta Edition. Downspouts from eaves-troughs and discharge hoses from sump-
pumps shall not discharge within 0.6m/1.9ft. of a LOT LINE.
5.6.10 Where extremes in elevation of adjoining LOTS require the construction of a RETAINING WALL,
such shall be indicated on the proposed Lot Grading Plan and no work or construction will be
permitted on the building LOTS that are the subject of, or adjacent to, the said RETAINING WALL
without a written authorization from the owner(s) of both LOTS affected by the construction of the
RETAINING WALL at the time of construction of the proposed BUILDING.
5.6.11 A Lot Grading Plan shall meet the requirements of Subsection 2.4 of the Municipal Engineering
and Construction Standards.
5.6.12 A Lot Grading Certificate shall meet the requirements of Section 11 of the Building Permit and
Standards Bylaw.
5.7 LANDSCAPING AND SCREENING
GENERAL LANDSCAPING REQUIREMENTS
5.7.1
Unless otherwise stipulated under Article 4.2.1, by a DEVELOPMENT AGREEMENT or by the
49 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
DEVELOPMENT AUTHORITY, LANDSCAPING of any SITE:
a) requires a DEVELOPMENT PERMIT;
b) is subject to Section 5.7; and
c) shall be completed within two (2) years of approval of the BUILDING PERMIT.
5.7.2
The DEVELOPMENT AUTHORITY may require an area that is landscaped to be left in its natural
state if it is of the opinion that the natural state would enhance the appearance of the SITE, and
meet the intent of LANDSCAPING requirements.
5.7.3
The DEVELOPMENT AUTHORITY may require LANDSCAPING plans with any DEVELOPMENT
PERMIT application, however LANDSCAPING plans shall be required with an application for USES
within the:
a) R-3 LAND USE DISTRICT;
b) the R-4 LAND USE DISTRICT, specifically related to the DEVELOPMENT of a
MANUFACTURED HOME - MOBILE community;
c) Commercial LAND USE DISTRICT; and
d) Industrial LAND USE DISTRICT.
5.7.4
At a minimum, all LANDSCAPED AREAS shall be seeded or sodded with grass unless specified
otherwise. Aesthetically pleasing alternative LANDSCAPED AREAS are encouraged to include
XERISCAPING or other forms of low maintenance and drought-resistant LANDSCAPING
techniques, which allow for reduced water usage and naturalized storm-water management. In no
case shall hard-LANDSCAPING features, such as decorative paving or other impervious surfaces,
exceed 25% of the required LANDSCAPED AREA.
5.7.5
All LANDSCAPING that includes the planting of new trees and shrubs must avoid the use of plant
species, which are either harmful to existing native plant species or municipal infrastructure,
inclusive of but not limited to, streets, sidewalks, and belowground utilities.
5.7.6
DEVELOPMENTS in Commercial LAND USE DISTRICTS that are required in this BYLAW to be
screened from residential USES must include trees and/or fencing that in the opinion of the
DEVELOPMENT AUTHORITY, would be sufficient to screen the DEVELOPMENT.
BOULEVARD LANDSCAPING
5.7.7
An applicant whose DEVELOPMENT involves the creation of a new ACCESS or other earthworks
within the PUBLIC ROADWAY shall be responsible for the construction or replacement of a
BOULEVARD to Municipal Engineering and Construction Standards.
5.7.8
All applications that include new LANDSCAPING of a BOULEVARD shall require an approved
DEVELOPMENT AGREEMENT or conditions within the DEVELOPMENT PERMIT approval, which
will specify all mandatory design elements and requirements for the BOULEVARD.
5.7.9
When creating a DEVELOPMENT AGREEMENT with a property owner or developer for an
application regarding LANDSCAPING of a BOULEVARD, the DEVELOPMENT AUTHORITY shall
consider the USE, value and enjoyment of adjoining lands, the aesthetics of the LANDSCAPING,
public safety and municipal operations. The DEVELOPMENT AUTHORITY may include any
condition within the DEVELOPMENT AGREEMENT it deems necessary in accordance with these
considerations.
50 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.7.10 The owner or developer of a residential property is not responsible for LANDSCAPING the
BOULEVARD along a LOT LINE - FLANKAGE that is adjacent to a road classified as an arterial
road in the Municipal Development Plan.
5.7.11 If COUNCIL has adopted a plan, policy or Bylaw in regards to LANDSCAPING any specific area,
street or neighbourhood, all LANDSCAPING must be in accordance to that plan, policy or Bylaw.
PARKING LOT LANDSCAPING
5.7.12 Any PARKING LOT abutting a public street, park or residential land-use shall be separated by a
2m/6.5ft. landscaped BUFFER. For an example of PARKING LOT LANDSCAPING please see
Figure 22.
5.7.13 Notwithstanding Article 5.7.12, the DEVELOPMENT AUTHORITY may consider an opaque
wooden fence meeting the requirements of Subsection 5.16 as an alternative.
BUFFERS
5.7.14 Where a Commercial or Industrial USE is proposed adjacent to a residential LAND USE DISTRICT,
a landscaped BUFFER shall be provided in accordance with the following:
a) the landscaped BUFFER shall be the full length of any required minimum yard adjacent to a
residential LAND USE DISTRICT, along the entire length of the adjacent residential LOT LINE;
b) at a minimum, the BUFFER shall be 3m/9.85ft.;
c) a combination of trees, shrubs and other landscaped elements shall be used; and
d) the preservation of existing vegetation shall be encouraged as an alternative to the planting of
new trees and shrubs.
5.7.15 Notwithstanding Article 5.7.17, a vegetated BERM may be a suitable alternative to a landscaped
BUFFER and must:
a) be a minimum of 2m/6.5ft. in height above the FINISHED GRADE;
b) feature at minimum, a combination of trees and shrubs planted along the entire length of the
BERM, subject to Article 5.7.5.
For an example of a vegetated BERM as a landscaped BUFFER please see Figure 23.
5.7.16 In addition to Articles 5.7.17 and 5.7.18, where in the opinion of the DEVELOPMENT AUTHORITY,
the proposed USE may have a negative aesthetic impact or present safety concerns relative to
surrounding residential USES, a fence may be required in accordance with Subsection 5.15.
5.8 ILLUMINATION
5.8.1
The applicant must locate and arrange outdoor lighting so that:
a) lights are not directed at an adjacent SITE and indirect lights do not adversely affect an adjacent
SITE; and
b) traffic safety is not adversely affected.
51 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.9 BUILDING - MOVED IN
5.9.1
In addition to the DEVELOPMENT PERMIT application requirements outlined in Subsection 4.3,
the following shall also be submitted as part of an application for a BUILDING - MOVED IN.
a) floor plans;
b) coloured photographs of the proposed BUILDING, accurately depicting the building's style and
general condition; and documentation indicating the BUILDING - MOVED IN certification and
compliance with the National Building Code - Alberta Edition.
5.9.2
All renovations and any conditions imposed by the DEVELOPMENT AUTHORITY to a BUILDING
- MOVED IN shall be completed by the time stipulated by the DEVELOPMENT AUTHORITY, and
in no case is that time to exceed one (1) year, or the expiration of the BUILDING PERMIT.
5.10 OUTDOOR STORAGE
5.10.1 In a Residential LAND USE DISTRICT there shall be no OUTDOOR STORAGE of materials or
goods that are associated with a business or HOME OCCUPATION.
5.10.2 OUTDOOR STORAGE in a Commercial LAND USE DISTRICT shall be located at the rear of the
BUILDING and screened from view of public roads, highways and Residential LAND USE
DISTRICTS by a solid fence or wall, or ON-SITE LANDSCAPING that provides a year-round
screen. The height of the fence and amount of LANDSCAPING shall be at the discretion of the
DEVELOPMENT AUTHORITY, and dependent upon the height of the goods or materials to be
stored.
5.10.3 Subject to Article 5.10.2, the USE of SHIPPING CONTAINERS involving OUTDOOR STORAGE
is permitted in accordance with the following:
a) Limited to one (1) SHIPPING CONTAINER per LOT in Residential LAND USE DISTRICTS;
b) Not permitted in YARD - FRONT, (permitted in YARD - SIDE and YARD - REAR only) ;
c) Considered as an ACCESSORY BUILDING OR STRUCTURE;
d) Storage of items excludes DANGEROUS OR HAZARDOUS GOODS;
e) Must conform to specific SETBACKS within the LAND USE DISTRICT;
f)
Exterior finish of SHIPPING CONTAINERS must match or compliment the exterior finish of the
PRINCIPAL BUILDING, or be finished to such a standard that is acceptable and approved by
the DEVELOPMENT AUTHORITY.
5.10.4 In the case of a LOT that does not include a BUILDING, SHIPPING CONTAINERS shall be
screened from all streets with opaque fencing.
5.11 GARBAGE STORAGE
5.11.1 Garbage storage within Commercial, and Industrial LAND USE DISTRICTS, or as part of a
MANUFACTURED HOME - MOBILE community shall:
a) be fully screened with an opaque wooden fence measuring at least 2m/6.5ft. in height;
b) not be located within any required minimum yard, within 6m/19.6ft. of a public street or 2m/6.5ft.
of a residential USE; and
c) not have garbage piled higher than the fence designed to screen it.
For an example of garbage storage please see Figure 24.
52 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.11.2 Garbage storage associated with DWELLING - APARTMENT and ASSISTED LIVING FACILITIES
shall be consistent with the Town of High Level Design Guidelines.
5.11.3 The USE of SHIPPING CONTAINERS for garbage storage is prohibited in all LAND USE
DISTRICTS, with the exception of the C-3 and Industrial LAND USE DISTRICTS and shall only be
located at the rear of a BUILDING.
5.12 ACCESSORY BUILDINGS OR STRUCTURES
5.12.1 ACCESSORY BUILDINGS OR STRUCTURES, excluding GARAGE - DETACHED and detached
CARPORTS are subject to the requirements outlined in Table 5.3.
TABLE 5.3 REQUIREMENTS FOR ACCESSORY BUILDINGS OR STRUCTURES
COMPONENT
RESIDENTIAL DISTRICTS
COMMERCIAL,
INDUSTRIAL AND OTHER
DISTRICTS
Minimum distance from PRINCIPAL
BUILDING
2m/6.5ft.
2m/6.5ft.
Combined area of all ACCESSORY
BUILDINGS OR STRUCTURES
15% of the LOT
20% of the LOT
Maximum height
4.5m/14.7ft.
6m/19.6ft.
Minimum distance from LOT LINE -
REAR abutting a street
The minimum YARD - REAR as
prescribed for the LAND USE
DISTRICT
The minimum YARD - REAR
as prescribed for the LAND
USE DISTRICT.
Minimum distance from LOT LINE -
SIDE and LOT LINE - REAR not
abutting a street
0.6m/1.9ft.
The minimum YARD - SIDE
and YARD - REAR as
prescribed for the
LAND USE DISTRICT.
Minimum distance from LOT LINE -
FRONT and LOT LINE - FLANKAGE
The minimum YARD - FRONT and YARD - FLANKAGE as
prescribed in the LAND USE DISTRICT, and shall not be closer
to the LOT LINE - FRONT, than the PRINCIPAL BUILDING.
5.12.2 No ACCESSORY BUILDING OR STRUCTURE shall be used as a DWELLING UNIT.
5.12.3 An ACCESSORY BUILDING OR STRUCTURE with a FLOOR AREA - GROSS of less than
13m2/139.9.sq.ft. may be located up to 0m/0ft. from a LOT LINE, if the LOT LINE does not have
LOT FRONTAGE so long as they do not surpass the LOT LINE.
5.12.4 GARAGE - DETACHED and detached CARPORTS in Residential LAND USE DISTRICTS are
subject to the requirements outlined in Table 5.4.
53 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
TABLE 5.4 REQUIREMENTS FOR GARAGE - DETACHED AND CARPORT
COMPONENT
REQUIREMENT
Minimum distance from
PRINCIPAL BUILDING
2m/6.5ft.
Minimum distance from
LOT LINE - SIDE and
LOT LINE - REAR
1.2m/3.9ft.
Minimum distance from
LOT LINE - FRONT
The minimum YARD - FRONT as prescribed for the LAND USE DISTRICT,
and at no point shall it be closer to the LOT LINE - FRONT, than the
PRINCIPAL BUILDING.
Minimum distance from
LOT LINE - FLANKAGE
At least 4.5m/14.7ft. from the LOT LINE - FLANKAGE where there is no
sidewalk.
6m/19.6ft. from the face of a GARAGE or CARPORT to the edge of the
sidewalk closest to the DEVELOPMENT.
Minimum distance from a
LOT LINE adjoining a
LANE
When ACCESS to the GARAGE - DETACHED or detached CARPORT
comes from a LANE: a minimum distance of 1.2m/3.9ft. and a maximum
distance of 6m/19.6ft. from the LOT LINE adjoining the LANE.
Maximum size
15% of the LOT AREA
Maximum height
4.5m/14.7ft.
5.13 GARAGES - PORTABLE OR TEMPORARY
5.13.1 GARAGE - PORTABLE OR TEMPORARY designed for temporary use or storage, in accordance
with Articles 5.13.3 and 5.13.4, do not require a DEVELOPMENT PERMIT.
5.13.2 GARAGE - PORTABLE OR TEMPORARY designed for permanent use or storage, in accordance
with Article 5.13.5, will require a DEVELOPMENT PERMIT and are subject to annual inspections
by the DEVELOPMENT AUTHORITY to assess the aesthetical condition of the GARAGE -
PORTABLE OR TEMPORARY.
5.13.3 GARAGE - PORTABLE OR TEMPORARY may be permitted within YARD - FRONT on any LOT
in all Residential LAND USE DISTRICTS between October 1st and April 30th, inclusive.
5.13.4 Subject to the applicable SETBACK provisions, GARAGE - PORTABLE OR TEMPORARY may
be permitted year-round within YARD - SIDE and YARD - REAR, in all Residential LAND USE
DISTRICTS.
5.13.5 Subject to the applicable SETBACK provisions, GARAGE - PORTABLE OR TEMPORARY may
be permitted year-round within YARD - FRONT on any LOT measuring up to 600m2/6,458.35sq.ft.
in all Residential LAND USE DISTRICTS.
5.13.6 GARAGE - PORTABLE OR TEMPORARY cannot be located within or encroach upon TOWN-
owned property.
54 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.14 DECKS
5.14.1 If a DECK is more than 1.5m/4.9ft. above FINISHED GRADE, it must be located at least 5m/16.4ft.
from all LOT LINES, unless the DEVELOPMENT AUTHORITY determines that a 5m/16.4ft.
separation from all LOT LINES is not required, due to the size of the LOT, distance from
neighbouring land USES, LANDSCAPING or combination thereof, which mitigates the potential
impact on neighbouring land USES.
5.14.2 Any ENCLOSED DECK shall be considered part of the PRINCIPAL BUILDING for the purposes of
assessing LOT COVERAGE and minimum yard requirements.
5.15 FENCES
5.15.1 The maximum height of a fence in Residential, Commercial and Community USE LAND USE
DISTRICTS shall be:
a) 1m/3.2ft. in height above the FINISHED GRADE in any YARD - FRONT; and
b) 2m/6.5ft. above the FINISHED GRADE in any YARD - SIDE, YARD - REAR or YARD -
FLANKAGE.
5.15.2 Notwithstanding Article 5.15.1, the DEVELOPMENT AUTHORITY may consider a fence exceeding
this height in Commercial or Community Use LAND USE DISTRICTS for security or public safety
purposes, while having particular regard for the design and appearance of the fence from
neighbouring properties and streets.
5.15.3 Fences in the Industrial LAND USE DISTRICT shall not exceed 2m/6.5ft. in height unless otherwise
approved by the DEVELOPMENT AUTHORITY for safety and/or security purposes.
5.15.4 Notwithstanding all conditions of Section 5.15, no fence is permitted in the YARD - FRONT or
YARD - FLANKAGE of a LOT CORNER if, in the opinion of the DEVELOPMENT AUTHORITY,
the fence will block or impede traffic sight lines.
5.15.5 Any fences incorporating barbed wire or other devices for security measures that may cause bodily
harm, shall be at the discretion of the DEVELOPMENT AUTHORITY.
5.15.6 All fences shall be made of a durable material, such as wood, be adequately anchored and fixed
to the ground, such that they are freestanding and not supported by any other BUILDING.
5.15.7 The USE of a chain link fence is only permitted within the Highway Commercial, Community Use
and Industrial LAND USE DISTRICTS, unless otherwise approved at the discretion of the
DEVELOPMENT AUTHORITY.
5.15.8 Chain link fences may be approved at the discretion of the DEVELOPMENT AUTHORITY in a
LAND USE DISTRICT, not identified in Article 5.15.7, if the USE of LANDSCAPING or other design
treatments is incorporated in a manner that provides a consistent or complimentary appearance to
fences found within the same LAND USE DISTRICT or neighbourhood.
-
55 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.16 AIR CONDITIONERS
5.16.1 A freestanding exterior air conditioner cannot be:
a) located in a YARD - FRONT; or
b) located less than 1m/3.2ft. from LOT LINE - SIDE and LOT LINE - REAR.
5.17 FIRE PITS AND BARBECUES
5.17.1 A fixed outdoor fire pit, barbecue, fireplace or stove shall not be:
a) located in a YARD - FRONT or YARD -FLANKAGE;
b) located less than 3m/9.85ft. from LOT LINE - SIDE and LOT LINE - REAR; or
c) located less than 3m/9.85ft. from any BUILDING.
5.17.2 An application for an outdoor fire pit shall be made by the registered owner of the LOT on which
the fire pit is proposed, or by another person with written consent from the owner, to the
DEVELOPMENT AUTHORITY by submitting the following:
a) the Fire Pit Application Form completed and signed; and
b) the fee as set by COUNCIL.
5.18 FIRE HYDRANTS
5.18.1 No fence, driveway, object, BUILDINGS and/or STRUCTURES shall be located within a 1.2m/4ft.
radius of a fire hydrant.
5.19 HOME OCCUPATIONS
5.19.1 A HOME OCCUPATION shall:
a) operate as an ACCESSORY USE only and shall not involve a change to the principal character
or external appearance of any BUILDINGS and/or STRUCTURES;
b) not involve the storing of materials, commodities or finished products associated with the
HOME OCCUPATION outside the DWELLING UNIT or GARAGE;
c) not involve the use of mechanical equipment in connection with the HOME OCCUPATION,
unless the equipment is commonly used in a home;
d) in the case of a HOME OCCUPATION involving personal instruction, having no more than five
(5) students or customers in attendance at the SITE at any one time;
e) have no person, other than a RESIDENT of the DWELLING UNIT, be employed as part of the
HOME OCCUPATION;
f)
not be permitted if it produces offensive noise, vibration, smoke, dust, odour, heat, glare,
electrical or radio disturbance; and
g) not be permitted if the DEVELOPMENT AUTHORITY determines that such USE would be more
suitable within a Commercial or Industrial LAND USE DISTRICT having regard for (among
other matters) potential traffic generation and interference with the residential character of the
neighbourhood.
5.19.2 Notwithstanding Clause 5.19.1(e), a replacement worker for a HOME OCCUPATION RESIDENT
worker may be allowed during vacation, periods of illness or other similar circumstances deemed
appropriate by the DEVELOPMENT AUTHORITY.
56 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.19.3 Subject to Article 7.3.1, a HOME OCCUPATION shall be permitted to have one SIGN.
5.19.4 Notwithstanding Articles 5.19.1 and 5.19.2, HEALTH SERVICES operated as a HOME
OCCUPATION shall:
a) be limited to one (1) health professional and two (2) support staff working at any given time;
b) have a minimum of two (2) ON-SITE PARKING STALLS;
c) retain a residential character comparable to surrounding properties. In the case of new
construction, the BUILDING must be of a residential character equal to, or exceeding, the
appearance of surrounding properties and keeping with the intent of the LAND USE DISTRICT;
and
d) demonstrate that the USE is limited to that which does not interfere with the rights of other
RESIDENTS to a quiet enjoyment of a residential neighbourhood, and in consideration of other
RESIDENTS.
5.19.5 A HEALTH SERVICE may be refused by the DEVELOPMENT AUTHORITY if, at the time of
application, the same HEALTH SERVICE exists in a Commercial LAND USE DISTRICT.
5.19.6 TAXI SERVICE is not considered as a HOME OCCUPATION, and taxi operators are permitted to
park individual MOTOR VEHICLES intended for passenger transportation at residential properties.
5.20 BED AND BREAKFAST BUSINESS
5.20.1 BED AND BREAKFAST BUSINESS establishments shall:
a) have no cooking facilities in a guest room;
b) have a minimum guest room size of 7m2/75.34sq.ft. per single occupant and 4.6m2/49.51sq.ft.
per person for multiple occupants;
c) have at least one (1) window for each guest room; and
d) have sanitation facilities and potable water as required by relevant authorities.
5.20.2 Prior to approval, the DEVELOPMENT AUTHORITY may require that the following inspections are
performed, and associated fees paid:
a) a BUILDING inspection; and
b) an inspection by a Public Health Inspector.
5.20.3 Subject to Article 7.3.1, a BED AND BREAKFAST BUSINESS shall be permitted to have one
SIGN.
5.21 DRIVE-THROUGH BUSINESSES
5.21.1 A DRIVE-THROUGH BUSINESS shall have entrances and exits approved by the DEVELOPMENT
AUTHORITY that provides means for circulation within the LOT, which are adequately sign-posted.
5.21.2 The minimum number of queuing spaces required for a DRIVE-THROUGH BUSINESS shall be in
accordance with Table 5.5.
57 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
TABLE 5.5 DRIVE-THROUGH BUSINESS REQUIRED QUEUING SPACES
DRIVE-THROUGH BUSINESS TYPE
INBOUND QUEUING
SPACES
OUTBOUND QUEUING
SPACES
DRIVE-THROUGH RESTAURANT
11
1
FUEL STATION
5
1
AUTOMOTIVE SERVICE, CAR WASH or
FINANCIAL INSTITUTION
3
1
5.21.3 All queuing spaces shall be a minimum of 6.5m/21.3ft. in length; and 3m/9.85ft. wide.
5.21.4 No portion of any DRIVE-THROUGH BUSINESS, including queuing spaces or otherwise, shall be
located within any required yard.
5.21.5 A FUEL STATION shall be subject to the following additional requirements:
a) no portion of any pump shall be located closer than 15m/49.2ft. to a street;
b) all canopies shall meet all minimum SETBACK requirements; and
c) no driveway be located within 9m/29.5ft. of another driveway, or within 15m/49.2ft. of a street
intersection.
5.22 EASEMENTS
5.22.1 A DEVELOPMENT PERMIT shall not be issued for a DEVELOPMENT, other than a fence, that
encroaches into or over a utility EASEMENT or right-of-way, without written consent from the
EASEMENT owner, and/or the utility line owner.
5.23 PRIVATE SWIMMING POOLS
5.23.1 Notwithstanding any other provision of this BYLAW, a DEVELOPMENT PERMIT is required prior
to the installation of a permanent belowground private swimming pool, or a BUILDING or
STRUCTURE constructed to enclose a swimming pool or hot tub..
5.23.2 Every private swimming pool and hot tub must be within an enclosed BUILDING, unless it is located
within an entirely fenced YARD - REAR or YARD - SIDE.
5.23.3 Private swimming pools and hot tubs shall not be located within a YARD - FRONT.
5.23.4 Every fence enclosing a private swimming pool or hot tub, constructed outside of an enclosed
BUILDING or STRUCTURE, shall be 2m/6.5ft. in height or, at the discretion of the DEVELOPMENT
AUTHORITY, higher. All fences:
a) shall be of appropriate design to limit the ability of persons to use the fence parts to climb the
fence or crawl under the fence;
b) shall be equipped with a gate that has a self-latching device, and lock mechanism located on
the inside of the gate; and
c) no barbed wire or electrification of any part of a fence or gate enclosing a swimming pool or
hot tub shall be permitted.
58 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.23.5 All private swimming pools and hot tubs, located within a new or existing enclosed BUILDING or
STRUCTURE, must comply with the requirements of the National Building Code - Alberta Edition.
5.24 MORE THAN ONE MAIN PRINCIPAL BUILDING ON A LOT
5.24.1 Any DEVELOPMENT involving more than one PRINCIPAL BUILDING on a LOT shall be a
DISCRETIONARY USE in all LAND USE DISTRICTS and shall:
a) provide adequate spacing between BUILDINGS, consistent with the minimum yard
requirements within the LAND USE DISTRICT; and
b) where applicable, conform to requirements of the Condominium Property Act.
5.24.2 In addition to Article 5.24.1, when considering a DEVELOPMENT involving more than one
PRINCIPAL BUILDING on a LOT, the DEVELOPMENT AUTHORITY shall consider the following:
a) consistency with the Town of High Level Design Guidelines where applicable;
b) Use of LANDSCAPING to enhance the appearance of PARKING LOTS or limiting the visual
dominance of driveways;
c) potential traffic impacts;
d) scale and design of the BUILDINGS relative to surrounding DEVELOPMENTS; and
e) the use of design elements to break-up the appearance of blank walls.
5.25 ALTERNATIVE ENERGY TECHNOLOGY
GENERAL REQUIREMENTS
5.25.1 All ALTERNATIVE ENERGY TECHNOLOGIES shall be approved at the discretion of the
DEVELOPMENT AUTHORITY and reviewed to ensure the proposal does not negatively affect the
surrounding area in which it is located. The DEVELOPMENT AUTHORITY shall have specific
regard for the potential impacts of:
a) noise and/or vibrations associated with ALTERNATIVE ENERGY TECHNOLOGY;
b) the visual appearance from neighbouring properties and streets;
c) the casting of shadows on neighbouring properties;
d) any smell associated with the ALTERNATIVE ENERGY TECHNOLOGY;
e) the ALTERNATIVE ENERGY TECHNOLOGY on existing municipal infrastructure including
streets; and
f)
the ALTERNATIVE ENERGY TECHNOLOGY on the overall design and aesthetics of a
BUILDING and/or STRUCTURE relative to surrounding DEVELOPMENTS.
5.25.2 The proposed installation of any ALTERNATIVE ENERGY TECHNOLOGY system, device or
STRUCTURE shall require the issuance of a DEVELOPMENT PERMIT and any other applicable
Municipal permits. In addition to the requirements for DEVELOPMENT PERMITS outlined in
Subsection 4.3, the DEVELOPMENT AUTHORITY may also require:
a) confirmation that all necessary and applicable Provincial and Federal regulations and
approvals have been met;
b) methods of SCREENING shall be used to ensure that all ALTERNATIVE ENERGY
TECHNOLOGIES visually blend with the surrounding natural and built environment in which
they are situated; and
c) technical drawings or studies relating to the proposed ALTERNATIVE ENERGY
TECHNOLOGY STRUCTURE required to address items outlined in Article 5.25.1.
59 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.25.3 There shall be no aboveground portion of an ALTERNATIVE ENERGY TECHNOLOGY located in
a YARD - FRONT or the minimum required YARD - SIDE of the BUILDING and/or STRUCTURE
as specified in the LAND USE DISTRICT.
5.25.4 No advertising, except for a manufacturer's logo, shall be visible on any ALTERNATIVE ENERGY
TECHNOLOGY.
5.25.5 Under no circumstances will the DEVELOPMENT AUTHORITY approve a DEVELOPMENT
application that includes a SMALL WIND ENERGY SYSTEM.
SOLAR COLLECTORS
5.25.6 A SOLAR COLLECTOR may be located on the roof or wall of a BUILDING and/or STRUCTURE,
or ground mounted in a YARD - SIDE, provided the STRUCTURE complies with the minimum
YARD - SIDE requirements of the LAND USE DISTRICT.
5.25.7 A SOLAR COLLECTOR mounted on a roof must not extend beyond the outermost edge of the roof
or above the peak of the roof.
5.25.8 A SOLAR COLLECTOR that is mounted on a wall may project a maximum of:
a) 1.5m/4.9ft. from the surface of that wall, when the wall is facing a LOT LINE - REAR; and
b) in all other cases, 0.6m/1.9ft. from the surface of that wall.
5.25.9 Notwithstanding Article 5.25.8, a SOLAR COLLECTOR may have a 0m/0ft. from the LOT LINE -
REAR if located within the Industrial LAND USE DISTRICT.
5.26 TELECOMMUNICATIONS STRUCTURES
5.26.1 All telecommunications structures require a DEVELOPMENT PERMIT.
5.26.2 Telecommunications structures will be considered a DISCRETIONARY USE within all LAND USE
DISTRICTS.
5.26.3 All telecommunications structure permit applications shall include a SITE plan drawn to an
appropriate scale identifying SITE boundaries; tower elevations; guy wire anchor locations; existing
and proposed STRUCTURES; vehicular PARKING and ACCESS; existing vegetation to be
retained, removed or replaced; the uses and STRUCTURES on the PARCEL and abutting
PARCELS.
5.26.4 A telecommunications structure base shall be SETBACK from abutting PARCELS and roadways
as required by the DEVELOPMENT AUTHORITY.
5.26.5 The appearance of a telecommunications structure, including but not limited to, LANDSCAPING
and fencing, shall be to the satisfaction of the DEVELOPMENT AUTHORITY.
5.26.6 The DEVELOPMENT AUTHORITY may require the applicant for a telecommunications structures
to undertake community consultation prior to the submission of an application. The applicant would
be required to submit a summary of their community consultation process and findings with the
application, including how any concerns will be addressed and mitigated.
60 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
5.27 HELICOPTER LANDING PADS
5.27.1 All HELICOPTER LANDING PADS require a DEVELOPMENT PERMIT.
5.27.2 HELICOPTER LANDING PADS will be considered a DISCRETIONARY USE on all PARCELS
within a Community Use LAND USE DISTRICT.
5.27.3 HELICOPTER LANDING PADS will be considered a DISCRETIONARY USE in the Industrial LAND
USE DISTRICT, only within PARCELS located on both sides of 92 Street from 98 Avenue to 114
Avenue, inclusive of Plan 8320882, Block 4, Lot B.
5.27.4 The specifications and design elements of all HELICOPTER LANDING PADS must meet and
maintain the minimum requirements as established by the Canadian Aviation Regulations.
5.27.5 The minimum SETBACK from all BUILDING and STRUCTURES for HELICOPTER LANDING
PADS shall be the diameter of the helicopter's primary rotor blade, plus 3m/9.84ft.
5.27.6 The minimum SETBACK from the LOT LINE - FRONT shall be 20m/65.61ft. to the edge of the
HELICOPTER LANDING PAD.
5.27.7 The minimum SETBACK from all LOT LINE - SIDE shall be 10m/32ft. to the edge of the
HELICOPTER LANDING PAD.
5.27.8 All proposed operations related to HELICOPTER LANDING PADS, must conform to all mandatory
Canadian Aviation Regulations.
5.27.9 The operations of all HELICOPTER LANDING PADS must function in a manner that mitigates all
potential noise, dust control and nuisance issues that may affect adjacent landowners.
61 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
6.0 PARKING AND LOADING REQUIREMENTS
6.1 PARKING REQUIREMENTS
PARKING STALLS REQUIRED
6.1.1
ON-SITE PARKING shall be provided as outlined in Table 6.1.
TABLE 6.1 MINIMUM ON-SITE PARKING STALL REQUIREMENTS
LAND USE
NUMBER OF PARKING STALLS
RESIDENTIAL
DWELLING - SINGLE FAMILY,
DWELLING - DUPLEX, DWELLING -
TOWNHOUSE, MANUFACTURED
HOME - MODULAR and
MANUFACTURED HOME - MOBILE
2 stalls per DWELLING UNIT.
1 stall per 2 DWELLING UNITS for visitor PARKING, required
for DWELLING - TOWNHOUSE only.
SECONDARY SUITE
1 stall plus the required stalls for the main DWELLING UNIT.
DWELLING - APARTMENT and
DWELLING - MULTIPLE UNIT
1 stall per one bedroom unit, 1.5 stalls per two bedroom unit, 2
stalls per three bedroom or greater unit, and 1 stall per three
DWELLING UNITS for visitor PARKING.
ASSISTED LIVING FACILITY
0.5 stalls per DWELLING UNIT.
BED AND BREAKFAST BUSINESS
1 stall per unit plus 2 stalls for residents.
COMMERCIAL
AUTOMOTIVE SERVICE, AUTOMOTIVE
SALES AND RENTAL, and
FUEL STATION
1 stall per 35m2/376.7sq.ft. of public net area, and 1 stall per
full-time equivalent employee (FTE). See Subsection 5.22 for
additional requirements related to FUEL STATIONS.
62 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
AMUSEMENT ARCADE and ADULT
ENTERTAINMENT FACILITY
1 stall per 35m2 of public net area, plus 1 stall per full-time
equivalent employee (FTE).
ART GALLERY, PROFESSIONAL
SERVICES and FINANCIAL
INSTITUTIONS
1 stall per 35m2/376.7sq.ft. of public net area and 1 stall per full-
time equivalent employee (FTE).
Banquet / convention rooms,
COMMUNITY HALLS
1 stall per 4 seats based on maximum design capacity.
BUSINESS SUPPORT SERVICES
1 stall per 35m2/376.7sq.ft. of public net area, and 1 stall per
full-time equivalent employee (FTE).
CAR WASH
4 stalls for employee and public PARKING.
CONSTRUCTION SERVICE and
EQUIPMENT RENTAL FACILITY
1 stall per 35m2/376.7sq.ft. of public net area, and 1 stall per
full-time equivalent employee (FTE).
RETAIL - ADULT, RETAIL - CANNABIS,
RETAIL - CONVENIENCE, RETAIL -
GENERAL and RETAIL - LIQUOR
1 stall per 35m2/376.7sq.ft. of public net area, and 1.5 stalls per
2 full-time employees, plus a LOADING SPACE.
DAY CARE FACILITY
1 stall per full-time employee, plus 1 stall per every 5 children.
DRINKING ESTABLISHMENT
1 stall per 4 seats, and 1 stall per full-time employee plus a
loading facility.
HOTELS
1 stall per guest room plus 1 stalls per full-time equivalent
employee (FTE).
RESTAURANT
1 stall per 4 seats, and 1 stall per full-time equivalent employee
(FTE), plus a LOADING SPACE. See Subsection 5.22 for
additional requirements related to DRIVE-THROUGH
RESTAURANTS.
SHOPPING CENTRE
1 stall per 35m2/376.7sq.ft. of public net area.
THEATRE
1 stall per 4 seats
VETERINARY CLINIC, PET SERVICES
1 stall per 35m2/376.7sq.ft. of net public area, and 1 stall per
full-time equivalent employee (FTE).
PUBLIC AND PRIVATE SERVICES
PLACE OF WORSHIP
1 stall per 4 seats
COLLEGE, SCHOOL - COMMERCIAL
1 stall per daytime employee, and 1 stall per every 5 full-time
students based on design capacity.
FUNERAL HOME
1 stall per 4 seats, 1 stall per facility vehicle, plus 1 stall per full-
time equivalent employee (FTE).
GOVERNMENT SERVICE
1 stall per 35m2/376.7sq.ft. of public net area, and 1 stall per
full-time equivalent employee (FTE).
HEALTH SERVICES
2 stalls per examination room, and 1 stall per full-time
equivalent employee (FTE).
HOSPITAL
1 stall per 4 patients or resident beds, and 1 stall per full-time
equivalent employee (FTE), plus a LOADING SPACE.
63 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
Library
1 stall per 35m2 of net public area, and 1 stall per full-time
equivalent employee (FTE).
NON-PROFIT COMMUNITY SUPPORT
SERVICE
1 stall per 35m2/376.7sq.ft. of net public area, and 1 stall per
full-time equivalent employee (FTE).
Police Station and Fire Station
1 stall per full-time equivalent employee (FTE)/volunteer, and 5
stalls for the public. 1 stall per emergency vehicle is to be
provided if provisions are not provided in the PRINCIPAL
BUILDING.
Post Office
1 stall per 35m2/107.6sq.ft. of public net area, and 1 stall per
full-time equivalent employee (FTE), plus a LOADING SPACE.
RECREATIONAL SERVICE - INDOOR
1 stall per 25m2/376.7sq.ft. of public net area, or at the
discretion of the DEVELOPMENT AUTHORITY.
PUBLIC EDUCATION SERVICE
(Elementary and Junior High School)
2 stalls per classroom, plus 1 stall per 5m2 of gymnasium
space.
PUBLIC EDUCATION SERVICE
(High School)
6 stalls per classroom, plus 1 stall per 5m2 of gymnasium
space.
Treatment Center
1 stall per 6 patients or resident beds, and 1 stall per full-time
equivalent employee (FTE).
INDUSTRIAL
Industrial USES, manufacturing plants,
processing plants and industrial support
services.
1 stall per full-time equivalent employee (FTE), plus 1 stall per
35m2 of net public area.
6.1.2
Notwithstanding Article 6.1.1, DEVELOPMENTS within the C-1 LAND USE DISTRICT shall pay a
fee established by COUNCIL in lieu of providing ON-SITE PARKING, or the absence of the required
PARKING for a CHANGE OF USE or new DEVELOPMENT. Despite this provision, all residential
USES and employee PARKING in the C-1 LAND USE DISTRICT shall have ON-SITE PARKING
in accordance with Table 6.1.
6.1.3
The DEVELOPMENT AUTHORITY may reduce, or eliminate, the required ON-SITE PARKING
specified in Article 6.1.1, for a USE in a Community Use or Commercial LAND USE DISTRICT if it
is deemed appropriate to permit:
a) on-street PARKING along the LOT FRONTAGE or LOT LINE - FLANKAGE; or
b) PARKING in a Municipal or private PARKING LOT within the vicinity of the proposed
DEVELOPMENT.
6.1.4
Where a DEVELOPMENT includes two or more of the USES outlined in clause Article 6.1.1, The
total number of required PARKING STALLS shall be the combination of the total required spaces
for each USE based upon the FLOOR AREA - GROSS of each USE. Any additional PARKING
stalls required by multiple USES may be waived or reduced by the DEVELOPMENT AUTHORITY
if it is deemed that the lack of required stalls would not adversely affect the adjacent land uses, or
the flow of local traffic.
6.1.5
If a calculation of required PARKING STALLS results in a fractional number, the number shall be
rounded upwards to the next whole number.
64 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
6.1.6
When a BUILDING and/or STRUCTURE is enlarged, altered, or a CHANGE OF USE occurs that
intensifies the USE of a BUILDING and/or STRUCTURE, provisions shall be made for additional
PARKING STALLS based on the requirements of Article 6.1.1. The additional PARKING required
shall be based only on the number of additional PARKING STALLS required due to the:
a) enlargement of the BUILDINGS and/or STRUCTURES;
b) CHANGE OF USE; or
c) intensification of a BUILDING and/or STRUCTURE USE.
6.1.7
Notwithstanding Article 6.1.6, any additional PARKING requirements required by a CHANGE OF
USE may be waived by the DEVELOPMENT AUTHORITY if deemed that the lack of required stalls
would not adversely affect traffic or surrounding properties in the area.
6.1.8
Unless otherwise stipulated in the National Building Code - Alberta Edition, barrier-free PARKING
shall be provided in accordance with Table 6.2. Barrier free PARKING STALLS shall have a
minimum width of 4.3m/14.1ft. and must be clearly identified as PARKING for disabled persons
through pavement markings and SIGNAGE.
TABLE 6.2 PARKING REQUIREMENTS FOR PERSONS WITH PHYSICAL DISABILITIES
NUMBER OF STANDARD PARKING STALLS
NUMBER OF BARRIER FREE
PARKING STALLS
For Every 15 Stalls
1
PARKING LOT DESIGN
6.1.9
With the exception of DEVELOPMENTS within the C-1 LAND USE DISTRICT, the required
PARKING shall be located on the same SITE as the BUILDING or USE in respect of which it is
required and shall be designed, located and constructed so that:
a) there is a legal means of MOTOR VEHICLE access;
b) a turning space on the PARKING LOT is provided so that MOTOR VEHICLES leaving the
PARKING LOT do not back into a roadway;
c) it is in accordance with an approved grading and drainage plan prepared by a registered
Engineer;
d) it can be properly maintained; and
e) it is satisfactory to the DEVELOPMENT AUTHORITY in size, shape location and construction.
6.1.10 The minimum dimensions for PARKING STALLS and aisles shall be in accordance with Table 6.3.
For an example of PARKING STALL and aisle dimensions, please see Figure 25.
TABLE 6.3 PARKING STALL AND AISLE DIMENSIONS
PARKING ANGLE (IN
DEGREES)
MINIMUM PARKING
STALL WIDTH
MINIMUM PARKING
STALL DEPTH
PERPENDICULAR TO
AISLE
MINIMUM AISLE
WIDTH
0
7m/23ft.
2.9m/9.5ft.
One Way: 3.5m/11,5ft.
Two Way: 7m/23ft.
65 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
45
3.1m/10.2ft.
6.1m/20ft.
4m/13.1ft.
90
3.1m/10.2ft.
5.8m/19ft.
7.3m/24ft.
6.1.11 Notwithstanding Table 6.3, developers are encouraged to exceed the minimum dimensions for
PARKING STALLS in all LAND USE DISTRICTS.
6.1.12 Where a DEVELOPMENT involves off-street PARKING for more than three (3) vehicles it shall be
treated and finished, including the whole area contained within a PUBLIC RIGHT-OF-WAY, in
accordance with Table 6.4.
TABLE 6.4 OFF STREET PARKING STALL AND AISLE EXPLANATION
LAND USE DISTRICT
TREATMENT / FINISHING
RESIDENTIAL
Subject to LANDSCAPING and BUFFER requirements in
Subsection 5.7, PARKING LOTS shall be paved or HARD-
SURFACED with a comparable material within two (2) years of
the date of issuance of a BUILDING PERMIT.
COMMERCIAL / INDUSTRIAL
Subject to LANDSCAPING and BUFFER requirements in
Subsection 5.7, PARKING in front of the PRINCIPAL BUILDING
must be paved or HARD-SURFACED with a comparable
material if the ACCESS thereto is from a street or LOT that is
HARD-SURFACED.
COMMUNITY USE
For USES located West of Highway 35, any area at the rear or
side of the PRINCIPAL BUILDING provided or required for ON-
SITE PARKING, need not be HARD-SURFACED, but shall be
of such a surface that it minimizes the carrying of dirt or foreign
matter upon the highway or street.
6.1.13 If in the opinion of the DEVELOPMENT AUTHORITY, it is or becomes necessary to protect
adjacent fences, walls, BOULEVARDS, LANDSCAPED AREAS or BUILDINGS from contact with
the vehicles using PARKING STALLS or PARKING LOT, the DEVELOPMENT AUTHORITY may
require the installation of adequate curbs, concrete bumpers, fences or any combination thereof.
6.1.14 All emergency access routes and fire lanes shall be provided in accordance to the Safety Codes
Act and shall be appropriately sign-posted, to prohibit obstruction to the satisfaction of the
DEVELOPMENT AUTHORITY.
6.1.15 All curbs and/or sidewalks cut or removed for the purpose of a commercial access/driveway, LANE
or private crossing, shall be replaced and constructed with concrete to Municipal Engineering and
Construction Standards.
6.1.16 The number of driveways associated with an off-street PARKING LOT shall not exceed two (2) in
Residential, Commercial and Community Use LAND USE DISTRICTS, unless otherwise approved
by the DEVELOPMENT AUTHORITY. In considering additional ACCESS, the DEVELOPMENT
66 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
AUTHORITY shall require the findings of a study justifying the need for additional ACCESS, and
mitigation of any potential impacts on the surrounding traffic network.
6.1.17 Curb cuts associated with an ACCESS to an off-street PARKING LOT shall be SETBACK a
minimum distance of:
a) 15m/49.2ft. from the intersection of the street right-of-ways;
b) 20m/65.6ft. from an ACCESS associated with the same DEVELOPMENT; and
c) 6m/19.6ft. from an ACCESS associated with a DEVELOPMENT on a different property.
For an example of ACCESS separation from an intersection of street right-of-ways please see
Figure 26.
6.1.18 Notwithstanding Article 6.1.17, the SETBACK distance for curb cuts may be increased where, in
the opinion of the DEVELOPMENT AUTHORITY such increase is necessary for reasons of public
safety and convenience.
6.1.19 The maximum width of curb cutting shall not exceed 11m/36ft., unless otherwise approved by the
DEVELOPMENT AUTHORITY citing reasons of public or traffic safety. For an example of curb cut
width, please see Figure 26.
6.1.20 The sides of driveway approaches crossing sidewalks or BOULEVARDS may be constructed on
an angle with the curb line, but in no case should the angle between the curb and the driveway be
less than 30 degrees perpendicular to the PUBLIC ROADWAY.
6.1.21 Notwithstanding any other parking provisions, additional space for school buses and parent
PARKING for a PUBLIC EDUCATION SERVICE may be required and suitably designed at the
discretion of the DEVELOPMENT AUTHORITY.
PARKING LOCATION
6.1.22 Resident PARKING STALLS shall not be located in the YARD - FRONT of an ASSISTED LIVING
FACILITY and DWELLING - APARTMENT unless, in the opinion of the DEVELOPMENT
AUTHORITY:
a) SITE conditions do not permit rear PARKING; or
b) PARKING in the YARD - FRONT is compatible with adjacent properties.
6.2 LOADING SPACE
6.2.1
LOADING SPACE shall be designed and located so that all vehicles using the space can park and
maneuver entirely within the bounds of the SITE, before moving onto adjacent streets. The
DEVELOPMENT AUTHORITY, having regard to the types of vehicles that are likely to use the
LOADING SPACE may change the required dimensions. A LOADING SPACE shall be a minimum
width of 3m/9.85ft., with a minimum depth of 9m/29.5ft., and a minimum overhead clearance of
4.3m/14.1ft.
67 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
7.0 SIGN CONTROL
7.1 GENERAL SIGNAGE CRITERIA
7.1.1
No SIGN shall be erected, operated, used or maintained which:
a)
due to its position, shape, colour, format or illumination obstruct the view of, or may be
confused with, an official traffic SIGN, signal or device, as determined by the DEVELOPMENT
AUTHORITY;
b)
displays lights resembling the flashing lights usually associated with danger or those used by
police, fire, ambulance and other emergency vehicles;
c)
obstructs the use of a fire escape, door, window or other required exit;
d)
projects over or rests upon any part of a PUBLIC RIGHT-OF-WAY or public sidewalk, except
a SIGN - FASCIA or SIGN - CANOPY, unless otherwise permitted in this BYLAW;
e)
extend more than 45cm/17.7in above the roof line or parapet of the BUILDING or the top of the
marquee or canopy, nor shall it extend beyond the end of the wall, marquee or canopy that it
is attached to;
f)
is attached to a tree;
g)
is a SIGN - ILLUMINATED which creates a nuisance to surrounding residential properties;
h)
is a SIGN - ROOF; and
i)
is an OFF-SITE SIGN, except a SIGN giving general warning or direction to the public.
7.1.2
The provisions of this BYLAW, with respect to existing SIGNS that do not conform to the BYLAW
at the time of its effective date, shall not be construed to have a retroactive effect. The exception
to this rule is a non-conforming SIGN that is relocated, altered, or removed, which is then required
to comply with the provisions of this BYLAW. The provisions of this Section shall not exempt the
owner of a non-conforming SIGN from the obligation for required maintenance of a SIGN.
7.1.3
No SIGN shall be painted upon, cover a fence or a roof.
7.1.4
Unless otherwise specified in this BYLAW, the following SETBACKS are to be adhered to for all
SIGNAGE:
68 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
a) Located a minimum of 1.5m/4.9ft. from any LOT LINE;
b) Located a minimum of 3m/9.85ft. from any ACCESS to the SITE;
c) Located a minimum of 6m/19.6ft. from an intersection; and
d) no higher than 3m/9.85ft. above FINISHED GRADE.
7.2 SIGN AREA CALCULATIONS
7.2.1
For the purposes of determining the total permitted SIGN AREA:
a) the SIGN AREA is the total sum of the surface area of the SIGN FACE, in the direction of its
largest dimension as shown in Figure 19.
b) in the case of SIGN - FASCIA featuring individual letters affixed to a BUILDING face, the total
SIGN AREA is the sum of the area for each individual letter as shown in Figure 19.
c) when determining the SIGN AREA of a SIGN - DIRECTORY or SIGN - FREESTANDING, the
total area of one or more SIGN boxes must be calculated as shown in Figure 19; and
d) each visible face of a SIGN shall be calculated separately and then added together to
determine the SIGN AREA.
7.2.2
No person shall construct, erect, display, alter or relocate a SIGN without an approved Sign Permit
from the DEVELOPMENT AUTHORITY, in accordance with this BYLAW.
7.2.3
No permits shall be issued for a SIGN constructed on a PERMANENT FOUNDATION without an
approved BUILDING PERMIT from the DEVELOPMENT AUTHORITY.
7.2.4
Notwithstanding the provisions of Articles 7.2.1 and 7.2.2, a SIGN permit is not required for:
a) real estate SIGNS for temporary usage, which advertise the property where they are located
as being available for immediate sale or lease;
b) construction SIGNS temporarily located on a LOT that identifies the project, owner, architect
and/or consulting engineer;
c) advertising upcoming community events;
d) traffic and directional SIGNS authorized by the TOWN;
e) SIGNS less than 900cm2/139.5in2 in area;
f)
political election SIGNS;
g) SIGNS posted or exhibited in a BUILDING, including SIGNS inside a window, except for neon
or flashing SIGNS;
h) SIGNS posted or exhibited inside a BUILDING;
i)
window SIGNS, provided they are not for the purpose of advertising a HOME OCCUPATION
or HOME OFFICE;
j)
SIGNS erected by the TOWN;
k) GARAGE Sale SIGNS;
l)
SIGNS located on a community notice board; and
m) SIGNS identifying a construction or BUILDING DEMOLITION project.
7.3 SIGN APPLICATIONS AND PLANS
7.3.1
An applicant for a SIGN permit shall:
a) complete and submit a Sign Permit Application to the DEVELOPMENT AUTHORITY;
b) submit plans and specifications of the proposed SIGN and of any supporting framework or
anchoring devices;
69 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
c) submit a SITE plan showing private and PUBLIC RIGHT-OF-WAY boundaries, the location of
any existing SIGNS, and the proposed SIGN that is the subject of the application;
d) a list of materials proposed to be used in the construction of the SIGN;
e) provide any additional information at the DEVELOPMENT AUTHORITY request, which may
include stress-bearing capacities of the SIGN and the equipment used in its placement or
support; and
f)
submit separate permits for each SIGN that a permit is required for, under the provisions of this
BYLAW.
7.4 ABANDONED AND UNLAWFUL SIGNS
7.4.1
No person being the owner or lessee of property where a SIGN is located shall permit, suffer or
allow a SIGN, it's supports, electrical system or anchorage to become UNSIGHTLY, dilapidated
or unsafe.
7.4.2
The DEVELOPMENT AUTHORITY may require the removal of any SIGN that has become
UNSIGHTLY, or is in such a state of disrepair as to constitute a hazard to the public. Should the
SIGN not be removed within sixty (60) days of receiving a written notification from the TOWN, the
TOWN may remove the SIGN at the owner's expense.
7.4.3
Any SIGN that no longer advertises a genuine business or service on the premises shall be
removed by the property owner within sixty (60) days of termination of the business or service.
Should the SIGN not be removed within sixty (60) days of receiving a written notification from the
TOWN, the TOWN may remove the SIGN at the owner's expense.
7.5 SIGNAGE VARIANCES
7.5.1
The DEVELOPMENT AUTHORITY may permit a proposed SIGN - DIRECTORY, SIGN - FASCIA
or SIGN - FREESTANDING to exceed the height, area and projection requirements of this BYLAW
through a VARIANCE. When reviewing a VARIANCE application, the DEVELOPMENT
AUTHORITY shall consider the following:
a) the visual dominance of the SIGN;
b) whether the SIGN is out of scale in context to surrounding BUILDINGS and other SIGNAGE in
the area;
c) the impact on the architectural features of the BUILDING and surrounding environment;
d) the impact of SIGNS - ILLUMINATED on the surrounding environment; and
e) whether the proposed SIGNAGE impacts pedestrian or vehicular movement.
70 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
8.0 ESTABLISHMENT OF LAND USE DISTRICTS
8.1 LAND USE DISTRICT CLASSIFICATION
8.1.1
For the purposes of this BYLAW, all lands within the boundaries of the TOWN shall be divided
into the following LAND USE DISTRICTS as indicated in Table 8.1.
TABLE 8.1 LAND USE DISTRICT CLASSIFICATION
LAND USE DISTRICT
SYMBOL
RESIDENTIAL
Low Density Residential Land Use District
R-1
Medium Density Residential Land Use District
R-2
High Density Residential Land Use District
R-3
Manufactured Home - Mobile Land Use District
R-4
COMMERCIAL
General Commercial Land Use District
C-1
Highway Commercial Land Use District
C-3
INDUSTRIAL
Industrial Land Use District
IND
OTHER
Community Use Land Use District
CU
Parks Land Use District
P
Agricultural Land Use District
A
Reserve Land Use District
RES
Direct Control Land Use District
DC
71 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
8.1.2
Throughout this BYLAW and any amendments thereto, a LAND USE DISTRICT may be referred
to, either by its full name or symbol as set out in Table 8.1.
8.1.3
The Land Use Bylaw Zoning Map, as may be amended or replaced from time to time, is attached
to and forming part of this BYLAW as Appendix 1.
8.1.4
Where uncertainty exists as to the boundary of a LAND USE DISTRICT as shown on the Land Use
Zoning Map, the following shall apply:
a) where a boundary is shown following a street or LANE, it shall be deemed to follow the centre
line of such; or
b) where a boundary is shown as approximately following a LOT LINE, or the boundary of the
TOWN, it shall be deemed to follow the LOT LINE.
72 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.0 RESIDENTIAL LAND USE DISTRICTS
9.1 R-1 (LOW DENSITY RESIDENTIAL) LAND USE DISTRICT
INTENT
The intent of the R-1 LAND USE DISTRICT is to preserve existing single-family neighbourhoods, while
providing flexibility that recognizes changing technologies in the design of alternative DWELLING UNITS
that can work in harmony with existing neighborhoods. The character of an area is generally determined by
the design, form and scale of the BUILDING, which will be important considerations when assessing
DISCRETIONARY USES within this LAND USE DISTRICT.
USES
TABLE 9.1 PERMITTED AND DISCRETIONARY USES IN THE R-1 LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR
STRUCTURE; and
b) DWELLING - SINGLE FAMILY.
a) DWELLING - DUPLEX;
b) ACCESSORY USES associated with a DWELLING -
SINGLE FAMILY:
i)
BED AND BREAKFAST BUSINESS;
ii) FAMILY DAY HOME;
iii) HOME OCCUPATION;
iv) SECONDARY SUITE; and
c) MANUFACTURED HOME - MODULAR.
PROVISIONS
9.1.1
Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the R-1 (Low Density Residential) LAND USE DISTRICT is subject to the LOT, SITE and BUILDING
requirements outlined in Table 9.2.
73 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
TABLE 9.2 R-1 LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
DWELLING - SINGLE-FAMILY AND
MANUFACTURED HOME - MODULAR
DWELLING -
DUPLEX / Unit
LOT AREA (minimum)
834m2/8,977sq.ft.
417m2/4,488sq.ft.
LOT WIDTH (minimum)
20m/65.6ft.
10m/32.8ft.
LOT DEPTH (minimum)
35m/114.8ft.
35m/114.8ft.
YARD - FRONT (minimum)
6m/19.6ft.
6m/19.6ft.
YARD - FLANKAGE (minimum)
3m/9.85ft.
3m/9.85ft.
YARD - SIDE PRINCIPAL
BUILDING (minimum)
3m/9.85ft.
3m/9.85ft.
YARD - SIDE ACCESSORY
BUILDING OR STRUCTURE
(minimum)
1.2m/3.9ft.
1.2m/3.9ft.
YARD - REAR (minimum)
7m/22.9ft.
7m/22.9ft.
FLOOR AREA - GROSS above
FINISHED GRADE (minimum)
110m2/1,184sq.ft.
110m2/1,184sq.ft.
BUILDING HEIGHT (maximum)
10m/32.8ft.
10m/32.8ft.
LOT COVERAGE (maximum)
40%
40%
Note: These requirements are based upon each DWELLING UNIT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
9.1.2
DEVELOPMENT involving more than one PRINCIPAL BUILDING on a LOT is subject to the
requirements of Subsection 5.24.
9.1.3
LOTS with driveway ACCESS from a rear LANE are permitted to reduce their YARD - FRONT
SETBACK to 4.5m/14.7ft.
9.1.4
All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND REQUIREMENTS
9.1.5
When assessing a DISCRETIONARY USE within the R-1 LAND USE DISTRICT, the applicant
shall demonstrate the following to the DEVELOPMENT AUTHORITY:
a) in the case of DWELLING - DUPLEX, consistency with the Town of High Level Design
Guidelines;
b) the scale of the BUILDINGS and/or STRUCTURES is comparable to other DWELLING UNITS
within the LAND USE DISTRICT in terms of ground FLOOR AREA, FLOOR AREA - GROSS
and BUILDING HEIGHT;
c) the BUILDINGS and/or STRUCTURES avoid creating a blank appearance when orientated
towards a street through the use of design elements such as shutters, bay windows, dormers,
porches, verandahs, pillars, material changes or other features, while helping to avoid a design
that is significantly in contrast with the surrounding neighbourhood; and
d) the BUILDING'S appearance is similar to a DWELLING - SINGLE FAMILY through the use of:
i)
an integrated roof line;
74 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
ii) consistent materials and design;
iii) visually breaking up the larger massing into smaller individual components; and
iv) reducing the visual dominance of driveways and GARAGES.
9.1.6
In considering approved ACCESSORY USES the applicant will need to demonstrate the following
to the DEVELOPMENT AUTHORITY:
a) that any HOME OCCUPATION meets the requirements of Subsection 5.19;
b) that any BED AND BREAKFAST BUSINESS meet the requirements of Subsection 5.20;
c) in the case of group homes, FAMILY DAY HOMES and SECONDARY SUITES that:
i)
the scale of the BUILDINGS and/or STRUCTURES is comparable to other DWELLING
UNITS within the LAND USE DISTRICT in terms of ground FLOOR AREA, FLOOR AREA
- GROSS and BUILDING HEIGHT;
ii) the BUILDING'S appearance is similar to a DWELLING - SINGLE FAMILY through the
use of elements outlined in Clause 9.1.5(d);
d) potential impacts such as noise and traffic have been mitigated; and
e) there shall be no use of SIGNAGE, unless permitted under Articles 5.19.3, 5.20.3 or 9.1.9.
9.1.7
The DEVELOPMENT AUTHORITY may exercise discretion to allow a fence higher than 2m/6.56ft.
along a LOT-LINE - REAR or LOT LINE - SIDE within the R-1 LAND USE DISTRICT, if the LOT
is located behind a DEVELOPMENT that measures 11m/36ft. in height or three (3) or more stories.
9.1.8
The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
9.1.9
SIGNS associated with a permitted HOME OCCUPATION, FAMILY DAY HOME, BED AND
BREAKFAST BUSINESS, or HOME OFFICE shall:
a) not exceed 1.5 m2/16.2sq.ft. in SIGN AREA;
b) be no higher than 2m/6.5ft. above FINISHED GRADE;
c) not be illuminated; and
d) Subject to the requirements of Section 7.
9.1.10 Any SIGN not requiring a permit under Article 7.2.4 shall be permitted.
9.1.11 SIGNS - FASCIA not exceeding 0.25 m2/2.6sq.ft. in area shall be permitted for the purposes of
identifying the RESIDENTS therein, warn against trespassing, and cannot be a SIGN -
ILLUMINATED.
75 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.2 R-2 (MEDIUM DENSITY RESIDENTIAL) LAND USE DISTRICT
INTENT
9.2.1 The intent of the R-2 LAND USE DISTRICT is to encourage a diversity of housing options without
undermining the quality of neighbourhoods.
USES
TABLE 9.3 PERMITTED AND DISCRETIONARY USES IN THE R-2 LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR STRUCTURE;
b) DWELLING - SINGLE-FAMILY;
c) DWELLING - DUPLEX;
d) DWELLING - TOWNHOUSE of up to 6 units;
and
e) MANUFACTURED HOME - MODULAR.
a) ASSISTED LIVING FACILITY of up to 6 units;
b) BUILDING - MOVED IN;
c) DWELLING - MULTIPLE UNIT of up to 6
units;
d) ACCESSORY USES associated with a
DWELLING - SINGLE-FAMILY:
i)
BED AND BREAKFAST BUSINESS;
ii) BOARDING HOUSE;
iii) FAMILY DAY HOME;
iv) HOME OCCUPATION;
v) SECONDARY SUITE; and
e) MANUFACTURED HOME - MOBILE.
SITE PROVISIONS
9.2.2
Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the R-2 LAND USE DISTRICT is subject to LOT, SITE and BUILDING requirements as shown in
Table 9.4.
TABLE 9.4 R-2 LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
DWELLING - SINGLE-
FAMILY, BUILDING -
MOVED IN and
MANUFACTURED HOME
- MODULAR / Unit
DWELLING -
DUPLEX and
DWELLING -
TOWNHOUSE / Unit
DWELLING -
MULTIPLE-UNIT
and ASSISTED
LIVING FACILITIES
/ Development
LOT AREA (minimum)
330m23,552sq.ft.
233m2/2,507sq.ft.
834m2/8,977sq.ft.
LOT WIDTH (minimum)
11m/36ft.
8m/26.2ft.
20m/65.6ft.
LOT DEPTH (minimum)
30m/98.4ft.
30m/98.4ft.
35m/114.8ft.
YARD - FRONT (minimum)
6m/14.9ft.
6m/14.9ft.
6m/14.9ft.
YARD - FLANKAGE
(minimum)
3m/9.85ft.
3m/9.85ft.
3m/9.85ft.
76 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
YARD - SIDE (minimum)
1.2m/3.9ft.
1.2m on one side and
0m on the side with a
PARTY WALL
3m/9.85ft.
YARD - REAR (minimum)
7m/22.9ft.
7m/22.9ft.
7m/22.9ft.
FLOOR AREA - GROSS
above FINISHED GRADE
(minimum)
90m2/968sq.ft
75m2/807sq.ft.
110m2/1,184sq.ft.
BUILDING HEIGHT
(maximum)
10m/32.8ft.
10m/32.8ft.
10m/32.8ft.
LOT COVERAGE
(maximum)
40%
40%
40%
Note: These requirements are based upon each DWELLING UNIT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
9.2.3
Where applicable, DEVELOPMENTS within the R-2 LAND USE DISTRICT shall be consistent with
the Town of High Level Design Guidelines.
9.2.4
DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are subject to the
requirements of Subsection 5.24.
9.2.5
LOTS with driveway ACCESS from a rear LANE are permitted to reduce their YARD - FRONT and
YARD - FLANKAGE SETBACK to 4.5m/14.7ft.
9.2.6
Driveways and GARAGES for DWELLING - DUPLEX and DWELLING - TOWNHOUSE shall be
separated by a landscaped strip of at least 0.5m/1.6ft.
9.2.7
All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND REQUIREMENTS
9.2.8
When assessing a DISCRETIONARY USE within the R-2 LAND USE DISTRICT, the applicant
shall demonstrate the following to the DEVELOPMENT AUTHORITY:
a) consistency with the Town of High Level Design Guidelines, where applicable;
b) the scale of the BUILDINGS and/or STRUCTURES is comparable to other DWELLING UNITS
within the LAND USE DISTRICT in terms of ground FLOOR AREA, FLOOR AREA - GROSS
and BUILDING HEIGHT;
c) the BUILDINGS and/or STRUCTURES avoid creating a blank appearance when orientated
towards a street through the use of design elements such as shutters, bay windows, dormers,
porches, verandahs, pillars, material changes or other features; and
d) the number of visible entrances to a DWELLING - MULTIPLE UNIT or ASSISTED LIVING
FACILITY from a public street is limited to two.
9.2.9
In considering approved ACCESSORY USES, the applicant will need to demonstrate the following
to the DEVELOPMENT AUTHORITY:
77 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
a) that any HOME OCCUPATION meets the requirements of Subsection 5.19;
b) that any BED AND BREAKFAST BUSINESS meet the requirements of Subsection 5.20;
c) in the case of FAMILY DAY HOMES, SECONDARY SUITES and BOARDING HOUSE that:
i)
the scale of the BUILDINGS and/or STRUCTURES is comparable to other DWELLING
UNITS within the LAND USE DISTRICT in terms of ground FLOOR AREA, FLOOR AREA
- GROSS and BUILDING HEIGHT;
ii) the BUILDING'S appearance is similar to a DWELLING - SINGLE FAMILY
iii) through the use of elements outlined in Clause 9.2.9(d);
d) potential impacts such as noise, traffic and PARKING have been mitigated; and
f)
there shall be no use of SIGNAGE, unless permitted under Articles 5.19.3, 5.20.3 or 9.2.13.
9.2.10 When considering a proposed MANUFACTURED HOME - MOBILE in the R-2 Land Use District,
the DEVELOPMENT AUTHORITY will only consider this USE if a:
a) MANUFACTURED HOME - MOBILE is to be placed upon a PARCEL within:
i)
102 Street, 103 Street, 104 Street, 105 Street or 106 Street, North of 100 Avenue;
ii) Plan 4507NY, Block 25, Lots 1 - 9 on 99 Avenue;
iii) Plan 4507NY, Block 26, Lots 2 - 8 on 99 Avenue;
iv) Plan 4507NY, Block 26, Lots 20 - 29 on 98 Avenue;
v) Plan 4507NY, Block 27, Lots 14 - 20 on 98 Avenue;
vi) Plan 5035TR, Block 27, Lots 50 - 56 on 98 Avenue;
b) the proposed MANUFACTURED HOME - MOBILE meets the definition in this BYLAW; and
c) the MANUFACTURED HOME - MOBILE is no more than 20 years old at the time of placement
onto a PARCEL identified in Clause 9.2.10.a., unless an Appraiser has assigned a
MANUFACTURED HOME - MOBILE with a new EFFECTIVE AGE up to 20 years old at the
time of placement; and
d) a MANUFACTURED HOME - MOBILE with a new EFFECTIVE AGE includes the submission
of a comprehensive Appraisal Report containing the new EFFECTIVE AGE and inspection
details with a DEVELOPMENT PERMIT application, to the satisfaction of the DEVELOPMENT
AUTHORITY.
9.2.11 The DEVELOPMENT AUTHORITY may exercise discretion to allow a fence higher than 2m/6.56ft.
along a LOT-LINE - REAR or LOT LINE - SIDE within the R-2 LAND USE DISTRICT, if the LOT
is located behind a DEVELOPMENT that measures 11m/36ft. in height or three (3) or more stories.
9.2.12 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
9.2.13 SIGNS associated with a permitted HOME OCCUPATION, FAMILY DAY HOME, BED AND
BREAKFAST BUSINESS, HOME OFFICE or BOARDING HOUSE shall:
a) not exceed 1.5 m2/16.2sq.ft. in SIGN AREA;
b) be no higher than 2m/6.5ft. above FINISHED GRADE;
c) not be illuminated; and
d) Subject to the requirements of Section 7.
9.2.14 Any SIGN not requiring a permit under Article 7.2.4 shall be permitted.
78 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.2.15 SIGNS - FASCIA not exceeding 0.25m2/2.6sq.ft. in area shall be permitted for the purposes of
identifying the RESIDENTS therein, warn against trespassing, and cannot be a SIGN -
ILLUMINATED.
79 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.3 R-3 (HIGH DENSITY RESIDENTIAL) LAND USE DISTRICT
INTENT
The intent of the R-3 LAND USE DISTRICT is to provide areas for the DEVELOPMENT of DWELLING -
MULTIPLE UNIT and DWELLING - APARTMENT, while allowing for less dense residential forms to respect
potential changes in market demand.
USES
TABLE 9.5 PERMITTED AND DISCRETIONARY USES IN THE R-3 LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR STRUCTURE;
b) ASSISTED LIVING FACILITY of up to 24 units;
c) DWELLING - APARTMENT of up to 24 units;
d) DWELLING - DUPLEX;
e) DWELLING - MULTIPLE UNIT more than 6
units; and
f)
DWELLING - TOWNHOUSE.
a) ASSISTED LIVING FACILITY;
b) BUILDING - MOVED IN;
c) DWELLING - APARTMENT of more than 24
units;
d) NON-PROFIT COMMUNITY SUPPORT
SERVICE; and
e) ACCESSORY USES associated with a
DWELLING UNIT:
i)
FAMILY DAY HOME;
ii) HOME OCCUPATION;
iii) HOME OFFICE; and
iv) SECONDARY SUITE.
SITE PROVISIONS
9.3.1
Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located
within the R-3 LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements
outlined in Table 9.6.
TABLE 9.6 R-3 LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
ASSISTED LIVING FACILITY AND DWELLING
- APARTMENT / Development
OTHER USES
LOT AREA (minimum)
1,200m2/12,916sq.ft.
Subject to the
requirements for
the specific USE
as outlined in
Table 9.4
LOT WIDTH (minimum)
20m/65.6ft.
LOT DEPTH (minimum)
35m/114.8ft.
YARD - FRONT (minimum)
7m/22.9ft.
YARD - FLANKAGE (minimum)
7m/22.9ft.
YARD - SIDE (minimum)
3m/9.85ft. plus 1m/3.2ft. for each meter beyond
9m/29.5ft. in BUILDING HEIGHT.
YARD - REAR (minimum)
7.6m/24.9ft.
Density (maximum)
100 units per hectare of LOT AREA.
BUILDING HEIGHT (maximum)
14m/45.9ft. or 4 stories
80 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
Note: These requirements are based upon each DEVELOPMENT being contained on its own individual
LOT.
9.3.2
The design of all DWELLING - MULTIPLE UNIT, ASSISTED LIVING FACILITIES, DWELLING -
DUPLEX and DWELLING - TOWNHOUSE are subject to the Town of High Level Design
Guidelines. DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are
subject to the requirements of Subsection 5.24.
9.3.3
DWELLING - DUPLEX and DWELLING - TOWNHOUSE with driveway ACCESS from a rear
LANE are permitted to reduce their YARD - FRONT and YARD - FLANKAGE SETBACK to
4.5m/14.7ft.
9.3.4
Where a DWELLING - MULTIPLE UNIT, or an ASSISTED LIVING FACILITY greater than two
stories, is adjacent to a DWELLING - SINGLE FAMILY, DWELLING - DUPLEX , DWELLING -
TOWNHOUSE or MANUFACTURED HOME - MODULAR:
a) a 3m/9.85ft. wide landscaped BUFFER featuring a combination of shrubs and trees designed
to screen the adjacent land USES shall be provided along any abutting YARD - REAR and/or
YARD - SIDE; and
b) subject to Subsection 5.15, a 2m/6.5ft. high opaque fence shall be provided along any abutting
YARD - SIDE or YARD - REAR.
9.3.5
All off-street PARKING shall be surrounded by a LANDSCAPED AREA of not less than 1.5m/4.9ft.
in width, unless it adjoins a LANE.
9.3.6
A sidewalk or walkway allowing safe pedestrian ACCESS to and from the BUILDING to a public
sidewalk fronting the BUILDING shall be installed.
9.3.7
Each DWELLING UNIT within a DWELLING - APARTMENT, DWELLING - MULTIPLE UNIT and
DWELLING - TOWNHOUSE must have a PRIVATE AMENITY AREA that may be in one of the
following forms:
a) a BALCONY;
b) a PATIO;
c) a DECK; or
d) an outdoor area a minimum of 6m/19.6ft. in depth for DWELLING UNITS located at the
GROUND FLOOR.
9.3.8
All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND REQUIREMENTS
9.3.9
When assessing a DISCRETIONARY USE within the R-3 LAND USE DISTRICT, the applicant
shall demonstrate the following to the DEVELOPMENT AUTHORITY:
a) consistency with the Town of High Level Design Guidelines, where applicable;
b) the BUILDINGS and/or STRUCTURES avoid creating a blank appearance when orientated
towards a street through the use of design elements such as shutters, bay windows, dormers,
porches, verandahs, pillars, material changes or other features while helping to avoid a design
that is significantly in contrast with the surrounding neighbourhood;
c) estimated traffic generation shall not negatively impact the function of existing local streets;
and
81 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
d) proximity to adjacent lower density residential DWELLING UNITS and the use of building
design, LANDSCAPING, fencing and BUFFERS to help mitigate potential issues related to
noise, lighting and views from upper stories of BUILDINGS into the yards of adjacent
DWELLING UNITS.
9.3.10 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
9.3.11 SIGNS associated with a permitted HOME OCCUPATION, FAMILY DAY HOME or HOME OFFICE
shall:
a) not exceed 1.5 m2/16.2sq.ft. in SIGN AREA;
b) be no higher than 2m/6.5ft. above FINISHED GRADE;
c) not be illuminated; and
d) Subject to the requirements of Section 7.
9.3.12 Any SIGN not requiring a permit under Article 7.2.4 shall be permitted.
9.3.13 SIGNS - FASCIA not exceeding 0.25 m2/2.6sq.ft. in area shall be permitted for the purposes of
identifying the RESIDENTS therein, warn against trespassing, and cannot be a SIGN -
ILLUMINATED.
82 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.4 R-4 (MANUFACTURED HOME - MOBILE) LAND USE DISTRICT
INTENT
The intent of the R-4 LAND USE DISTRICT is to provide a location for MANUFACTURED HOME - MOBILE
DEVELOPMENTS.
USES
TABLE 9.7 PERMITTED AND DISCRETIONARY USES IN THE R-4 LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR
STRUCTURE;
b) DWELLING - DUPLEX;
c) DWELLING - SINGLE FAMILY;
d) DWELLING -TOWNHOUSE;
e) MANUFACTURED HOME - MOBILE; and
f)
MANUFACTURED HOME - MODULAR.
a) BUILDING - MOVED IN;
b) ACCESSORY USES associated with a
DWELLING UNIT:
i)
BED AND BREAKFAST BUSINESS;
ii) BOARDING HOUSE;
iii) FAMILY DAY HOME;
iv) HOME OCCUPATION;
v) HOME OFFICE;
vi) SECONDARY SUITE; and
c) MANUFACTURED HOME - MOBILE
COMMUNITY, which involves three (3) or more
MANUFACTURED HOME - MOBILE on a single
PARCEL.
SITE PROVISIONS
9.4.1
Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the R-4 LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements outlined
in Table 9.8.
TABLE 9.8 R-4 LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
MANUFACTURED HOME - MOBILE AND
MANUFACTURED HOME - MODULAR
OTHER USES
LOT AREA (minimum)
352m2/3,788sq.ft.
Subject to the
requirements for the
specific USE as
outlined in Table 9.4
LOT WIDTH (minimum)
11m/36ft.
LOT DEPTH (minimum)
32m/104.9ft.
YARD - FRONT (minimum)
4.5m/14.7ft.
YARD - FLANKAGE (minimum)
3m/9.85ft.
YARD - SIDE (minimum)
1.5m/4.9ft. or 4.5m/14.7ft. when adjacent to a
MANUFACTURED HOME - MOBILE.
YARD - REAR (minimum)
3m/9.85ft.
FLOOR AREA - GROSS above
FINISHED GRADE (minimum)
75m2/807.29sq.ft.
83 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
BUILDING HEIGHT (maximum)
10m/32.8ft. except for MANUFACTURED
HOME - MOBILE which are limited to
7m/22.9ft.
LOT COVERAGE (maximum)
40%
Note: These requirements are based upon each DWELLING UNIT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
9.4.2
DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are subject to the
requirements of Subsection 5.24.
9.4.3
A MANUFACTURED HOME - MOBILE cannot be more than 20 years old at the time of placement
onto a PARCEL within the R-4 LAND USE DISTRICT, unless:
a) an Appraiser has assigned a MANUFACTURED HOME - MOBILE with a new
EFFECTIVE AGE up to 20 years old at the time of placement; and
b) a MANUFACTURED HOME - MOBILE with a new EFFECTIVE AGE includes the
submission of a comprehensive Appraisal Report containing the new EFFECTIVE AGE
and inspection details with a DEVELOPMENT PERMIT application, to the satisfaction of
the DEVELOPMENT AUTHORITY.
9.4.4
The foundation or undercarriage of a MANUFACTURED HOME - MOBILE shall be screened from
view by skirting made of high quality materials that complement the design of the habitable portion
of the DWELLING UNIT, such as stone, brick, hardy board, wood or other suitable materials at the
discretion of the DEVELOPMENT AUTHORITY.
9.4.5
SCREENING of the foundation shall occur within sixty (60) days of the placement of the
MANUFACTURED HOME - MOBILE and be maintained in good condition thereafter.
9.4.6
All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE REQUIREMENTS
9.4.7
Each PARK LOT within a MANUFACTURED HOME - MOBILE COMMUNITY shall be clearly
marked off by permanent markers or other suitable means.
9.4.8
Communal garbage storage facilities associated with a MANUFACTURED HOME - MOBILE
COMMUNITY shall meet the requirements of Article 5.11.1.
9.4.9
Areas within a MANUFACTURED HOME - MOBILE COMMUNITY not devoted to streets,
PARKING STALLS, walkways, service buildings or MANUFACTURED HOME - MOBILE shall be
LANDSCAPED.
9.4.10 At least 5% of the gross SITE area of the MANUFACTURED HOME - MOBILE COMMUNITY shall
be devoted to recreational USES and shall be clearly visible with pedestrian access from at least
two (2) locations.
84 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.4.11 A minimum SETBACK of 4.5m/14.7ft. must occur between the MANUFACTURED HOME -
MOBILE COMMUNITY LOT LINES and any MANUFACTURED HOME - MOBILE LOT LINES,
MANUFACTURED HOME - MOBILE PAD lease line, or in the case of the LOT LINE abutting a
PUBLIC ROADWAY, a distance of 7.5m/24.6ft. shall occur between the LOT LINES.
9.4.12 In a MANUFACTURED HOME - MOBILE COMMUNITY of over fifty (50) units, two (2) separate
means of ACCESS shall be provided. In DEVELOPMENTS fewer than one-hundred (100) units,
alternatives that provide safe ACCESS by more than one (1) means, such as emergency ACCESS
roads or BOULEVARDS featuring LANES separated by a median may be considered, but shall be
subject to the approval of the DEVELOPMENT AUTHORITY.
9.4.13 A minimum right-of-way of 12m/39.3ft. is required for all roads within a MANUFACTURED HOME
- MOBILE COMMUNITY.
9.4.14 All roads within a MANUFACTURED HOME - MOBILE COMMUNITY shall be constructed of an
all-weather HARD-SURFACED material, be graded and suitable for use in all seasons in
compliance with the Municipal Engineering and Construction Standards and Subsection 5.6.
9.4.15 Street lighting in a MANUFACTURED HOME - MOBILE COMMUNITY shall be to the same
standards as that in a conventional residential neighbourhood.
9.4.16 In considering approved ACCESSORY USES, the applicant shall demonstrate the following to the
DEVELOPMENT AUTHORITY:
a) that any HOME OCCUPATION meets the requirements of Subsection 5.19;
b) that any BED AND BREAKFAST BUSINESS meet the requirements of Subsection 5.20;
c) in the case of FAMILY DAY HOMES and SECONDARY SUITES that:
i)
the scale of the BUILDINGS and/or STRUCTURES is comparable to other DWELLING
UNITS within the LAND USE DISTRICT in terms of ground FLOOR AREA, FLOOR AREA
- GROSS and BUILDING HEIGHT;
ii) the BUILDING'S appearance is similar to a DWELLING - SINGLE FAMILY
d) potential impacts such as noise and traffic have been mitigated; and
e) there shall be no use of SIGNAGE, unless permitted under Articles 5.19.3, 5.20.3 or 9.4.19.
9.4.17 The DEVELOPMENT AUTHORITY may exercise discretion to allow a fence higher than 2m/6.56ft.
along a LOT-LINE - REAR or LOT LINE - SIDE within the R-4 LAND USE DISTRICT, if the LOT
is located behind a DEVELOPMENT that measures 11m/36ft. in height or three (3) or more stories.
9.4.18 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
9.4.19 SIGNS associated with a permitted HOME OCCUPATION, FAMILY DAY HOME, BED AND
BREAKFAST BUSINESS, HOME OFFICE or BOARDING HOUSE shall:
a) not exceed 1.5 m2/16.2sq.ft. in SIGN AREA;
b) be no higher than 2m/6.5ft. above FINISHED GRADE;
c) not be illuminated; and
d) Subject to the requirements of Section 7.
85 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
9.4.20 Any SIGN not requiring a permit under Article 7.2.4 shall be permitted.
9.4.21 SIGNS - FASCIA not exceeding 0.25m2/2.6sq.ft. in area shall be permitted for the purposes of
identifying the RESIDENTS therein, warn against trespassing, and cannot be a SIGN -
ILLUMINATED.
9.4.22 An identification SIGN for a MANUFACTURED HOME - MOBILE COMMUNITY may be erected
at the entrance of the overall DEVELOPMENT, subject to Section 7 and the discretion of the
DEVELOPMENT AUTHORITY.
86 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
10.0 COMMERCIAL LAND USE DISTRICTS
10.1 C-1 (GENERAL COMMERCIAL) LAND USE DISTRICT
INTENT
The intent of the C-1 LAND USE DISTRICT is to clearly define the Downtown and establish standards that
promote the redevelopment and enhancement of this area as the commercial core of the TOWN.
USES
TABLE 10.1 PERMITTED AND DISCRETIONARY USES IN THE C-1 LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ART GALLERY;
b) BUSINESS SUPPORT SERVICE;
c) CATERING SERVICE;
d) DAY CARE FACILITY;
e) DRINKING ESTABLISHMENT;
f)
DWELLING - MULTIPLE UNIT above a
GROUND FLOOR;
g) Farmers market;
h) FINANCIAL INSTITUTION;
i)
GENERAL SERVICE;
j)
GOVERNMENT SERVICE;
k) HEALTH SERVICE;
l)
HOUSEHOLD REPAIR SERVICE;
m) Movie and/or video game rental and sales;
n) NON-PROFIT COMMUNITY SUPPORT
SERVICE;
o) Park;
a) ACCESSORY BUILDING OR STRUCTURE;
b) AMUSEMENT ARCADE;
c) AUTOMOTIVE SERVICE;
d) BUILDING - MOVED IN;
e) BREWERY, WINE, DISTILLERY;
f)
CAR WASH;
g) COMMUNITY HALL;
h) DRIVE-THROUGH BUSINESS;
i)
DRIVE-THROUGH RESTAURANT;
j)
FUNERAL HOME;
k) HOTEL;
l)
PET SERVICE;
m) PLACE OF WORSHIP;
n) PUBLIC USE;
o) RECREATIONAL SERVICE - INDOOR;
p) RETAIL - ADULT;
q) RETAIL - CANNABIS;
87 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
p) PARKING LOT;
q) PAWNBROKER;
r)
PROFESSIONAL SERVICE;
s) RESTAURANT;
t)
RETAIL - CONVENIENCE;
u) RETAIL - GENERAL;
v) RETAIL - SPECIALTY STORE; and
w) SCHOOL - COMMERCIAL;
x) THEATRE.
r)
RETAIL - LIQUOR;
s) SHOPPING CENTRE; and
t)
VETERINARY CLINIC.
SITE PROVISIONS
10.1.1 Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the C-1 LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements as follows:
TABLE 10.2 C-1 LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
ALL USES
LOT AREA (minimum)
200m2/2,152sq.ft.
LOT WIDTH (minimum)
9m/29.5ft.
LOT DEPTH (minimum)
25m/82ft.
YARD - FRONT (minimum)
0m/0ft.
YARD - FLANKAGE
(minimum)
0m/0ft., however, LOT CORNER must comply with Subsection 5.3 of
this BYLAW.
YARD - SIDE (minimum)
0m/0ft.
YARD - REAR (minimum)
6m/19.6ft. unless otherwise approved by the DEVELOPMENT
AUTHORITY in consideration of alternate PARKING facilities.
BUILDING HEIGHT
(maximum)
16m/52.4ft. or 4 stories
Note: These requirements are based upon each DEVELOPMENT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
10.1.2 DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are subject to the
requirements of Subsection 5.24.
10.1.3 Any DEVELOPMENT within the C-1 LAND USE DISTRICT shall be consistent with the Town of
High Level Design Guidelines.
10.1.4 DEVELOPMENTS involving DWELLING UNITS above commercial USES shall comply with the
following requirements:
a) the first STOREY shall contain commercial USES only;
b) PARKING for the residential USE shall be provided ON-SITE and in accordance to Section 6
of the BYLAW, as per the requirements for DWELLING - MULTIPLE UNIT; and
c) a separate ACCESS, or an ACCESS that does not require passage through the commercial
area must be provided to the residential portion. The number of required ACCESSES shall be
88 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
in accordance to the National Building Code - Alberta Edition.
10.1.5 All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
10.1.6 When considering a DRIVE-THROUGH BUSINESS or DRIVE-THROUGH RESTAURANT in the
C-1 LAND USE DISTRICT, the applicant shall demonstrate the following to the DEVELOPMENT
AUTHORITY:
a) consistency with the Town of High Level Design Guidelines;
b) the driveway entrance is limited and does not adversely affect the movement of pedestrians
including vehicles queuing onto the sidewalks and creation of more than one ACCESS;
c) the drive-through shall be located at the rear of the BUILDING;
d) the façade facing 100 Avenue is not adversely affected by the incorporation of a DRIVE-
THROUGH BUSINESS;
e) that, when adjacent to a residential USE, the operation either:
i)
does not use a speaker system;
ii) includes certified noise attenuation fencing 2m/6.5ft. in height; or
iii) utilizes an earth BERM designed to mitigate the impact of noise.
f)
any lighting required does not spill onto adjoining properties.
10.1.7 When considering approved DISCRETIONARY USES, the applicant shall need to demonstrate the
following to the DEVELOPMENT AUTHORITY:
a) scale of the USE and BUILDINGS shall be comparable to the anticipated scale of BUILDINGS
and USES within the C-1 LAND USE DISTRICT;
b) design of the SITE and BUILDINGS is consistent with the Town of High Level Design
Guidelines;
c) PARKING required for the operation shall not negatively impact on aesthetics and pedestrian
functionality within the C-1 LAND USE DISTRICT; and
d) how potential impacts such as traffic generation, noise, dust, odours or other concerns related
to the operation shall be addressed.
10.1.8 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
10.1.9 When considering RETAIL - CANNABIS in the C-1 LAND USE DISTRICT, the DEVELOPMENT
AUTHORITY will ensure that the entire business footprint falls outside of a 100m/328ft. radius from
any Community Use and Park LAND USE DISTRICTS.
SIGNAGE REQUIREMENTS
10.1.10 SIGNS - FREESTANDING or SIGNS - DIRECTORY are permitted provided that:
a) no SIGN shall exceed a maximum height of 5m/16.4ft.;
b) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft in SIGN AREA per SIGN FACE for a
single business property and 9m2/96.8sq.ft. in SIGN AREA per SIGN FACE for a multiple-
business property;
c) no more than one SIGN - FREESTANDING or SIGN - DIRECTORY shall be permitted for
every 30m/98.4ft. of LOT - FRONTAGE; and
d) no SIGN shall extend beyond the street right-of-way line at the outermost point of the SIGN.
89 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
10.1.12 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING per business on a property; and
d) no SIGN shall project more than 30cm/11.8in above the roof of a BUILDING.
10.1.13 SIGNS - FASCIA are permitted provided that:
a) the total SIGN AREA of the BUILDING does not exceed 5% of the total surface area of the
BUILDING face where the SIGNAGE is to be erected; and
b) no individual SIGN shall exceed 1m/3.2ft. in height;
c) shall not exceed the length of the wall of the BUILDING upon which the SIGN is to be displayed;
and
d) No SIGN - FASCIA shall project more than 25cm/9.84in from a wall that a SIGN is affixed to.
10.1.14 SIGNS - PORTABLE OR MOBILE are permitted for a limited time of up to one (1) year, at the
discretion of the DEVELOPMENT AUTHORITY.
10.1.15 SIGNS - SANDWICH are permitted provided that the SIGN shall:
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way
90 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
10.2 C-3 (HIGHWAY COMMERCIAL) LAND USE DISTRICT
INTENT
The intent of the C-3 LAND USE DISTRICT is to provide an area for intensive commercial operations while
not drawing away USES intended for the C-1 LAND USE DISTRICT. The DEVELOPMENT AUTHORITY
recognizes that there may be circumstances where certain USES need to be located in the C-3 LAND USE
DISTRICT whether it is due to scale, a lack of vacant BUILDINGS or LOTS within the C-1 LAND USE
DISTRICT, required PARKING, traffic impacts or other reasons.
USES
TABLE 10.3 PERMITTED AND DISCRETIONARY USES IN THE C-3 LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR
STRUCTURE;
b) AUTOMOTIVE SALES AND RENTAL;
c) AUTOMOTIVE SERVICE;
d) CAR WASH;
e) CONSTRUCTION SERVICE;
f)
DRINKING ESTABLISHMENT;
g) DRIVE-THROUGH BUSINESS;
h) DRIVE-THROUGH RESTAURANT;
i)
EQUIPMENT RENTAL FACILITY;
j)
FUNERAL HOME;
k) FUEL STATION;
l)
HOTEL;
m) RECREATIONAL SERVICE - INDOOR;
n) RESTAURANT;
o) RETAIL - CONVENIENCE as part of a
FUEL STATION;
p) RETAIL - GENERAL; and
q) THEATRE.
a) ADULT ENTERTAINMENT FACILITY;
b) AMUSEMENT ARCADE
c) BUILDING - MOVED IN;
d) BUSINESS SUPPORT SERVICE;
e) DAY CARE FACILITY;
f)
DWELLING - APARTMENT;
g) DWELLING - MULTIPLE UNIT;
h) DWELLING - TOWNHOUSE;
i)
GENERAL SERVICE;
j)
GOVERNMENT SERVICE;
k) HEALTH SERVICE;
l)
LUMBER YARD;
m) MANUFACTURED HOME - MOBILE SALES;
n) NON-PROFIT COMMUNITY SUPPORT SERVICE;
o) PAWNBROKER;
p) PET SERVICE;
q) PLACE OF WORSHIP - STOREFRONT CHURCH;
r)
PROFESSIONAL SERVICE;
s) PUBLIC USE;
t)
RECREATIONAL VEHICLE SALES AND SERVICE;
u) RETAIL - ADULT;
v) RETAIL - LIQUOR;
w) SCHOOL - COMMERCIAL;
x) SHOPPING CENTRE;
y) VETERINARY CLINIC; and
z) WAREHOUSE STORE.
SITE PROVISIONS
10.2.1 Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the C-3 LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements as follows:
91 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
TABLE 10.4 C-3 LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
ALL USES
LOT AREA (minimum)
360m2/3,875sq.ft.
LOT WIDTH (minimum)
20m/65.6ft. with the exception of HOTELS or motels which must
have 45m/147.6ft.
LOT DEPTH (minimum)
20m/65.6ft.
YARD - FRONT (minimum)
9m/29.5ft.
YARD - FLANKAGE (minimum)
0m/0ft. however, LOT CORNER must comply with Subsection 5.3
of this BYLAW.
YARD - SIDE (minimum)
0m/0ft. however, the BUILDINGS must comply with the distance
requirements of the National Building Code - Alberta Edition.
YARD - REAR (minimum)
6m/19.6ft.
BUILDING HEIGHT (maximum)
16m/52.4ft. or 4 stories, except where the LAND USE DISTRICT is
adjacent to residential LAND USE DISTRICT in which the maximum
BUILDING HEIGHT shall be 12m/39.3ft. or 3 stories.
Note: These requirements are based upon each DEVELOPMENT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
10.2.2 DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are subject to the
requirements of Subsection 5.24.
10.2.3 In areas where a property abuts Highway 35 or Highway 58, the portions of the BUILDING facing
the Highway shall incorporate architectural elements to create variation along the BUILDING
façade and avoid the appearance of blank walls from public streets.
10.2.4 All rooftop mechanical equipment shall be enclosed on all sides with a finish compatible with the
approved BUILDING finish.
10.2.5 OUTDOOR STORAGE areas associated with a PERMITTED USE within this LAND USE
DISTRICT shall be screened in accordance to Subsection 5.10.
10.2.6 Provisions for adequate vehicular traffic circulation shall be provided on all SITES to the satisfaction
of the DEVELOPMENT AUTHORITY.
10.2.7 All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
10.2.8 When considering an acceptable DISCRETIONARY USE that is allowed in the C-1 LAND USE
DISTRICT, the applicant must demonstrate to the DEVELOPMENT AUTHORITY the reasons why
the USE could not be located in the C-1 LAND USE DISTRICT, such as the scale of the BUILDING,
PARKING requirements or that all suitable LOTS and BUILDINGS within the C-1 LAND USE
DISTRICT are occupied.
92 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
10.2.9 When considering a proposed a DISCRETIONARY USE the applicant must demonstrate that
potential effects of the USE would not negatively impact surrounding USES.
10.2.10 When considering a proposed DWELLING - APARTMENT, DWELLING - MULTIPLE UNIT, or
DWELLING - TOWNHOUSE in the C-3 LAND USE DISTRICT, the DEVELOPMENT AUTHORITY
will only consider these USES located either:
a) behind a Highway Commercial USE on 98 Street, where the proposed residential USE would
be opposite an existing residential USE; or
b) above a Highway Commercial USE that is facing a designated highway.
10.2.11 Under no circumstances can a stand-alone residential USE be located facing onto a designated
highway.
10.2.12 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
10.2.13 SIGNS - FREESTANDING or SIGNS - DIRECTORY are permitted provided that:
a) no SIGN shall exceed a maximum height of 10m/32.8ft.;
b) no SIGN - FREESTANDING or SIGN - DIRECTORY shall have SIGNAGE that exceeds:
i)
6m2/64.5sq.ft. in SIGN AREA per SIGN FACE for a one or two business BUILDING;
ii) 8.75m2/94.1sq.ft. in SIGN AREA per SIGN FACE for a three (3) business BUILDING;
iii) 11.5m2/123.7sq.ft. per SIGN FACE in SIGN AREA for a four (4) business BUILDING; and
iv) 14.25m2/153.3sq.ft. in SIGN AREA per SIGN FACE for a five (5) or more business
BUILDING;
c) no more than one SIGN - FREESTANDING or SIGN - DIRECTORY shall be permitted for
every 30m/98.4ft. of LOT FRONTAGE; and
d) no SIGN shall extend beyond the street right-of-way line at the outermost point of the SIGN.
10.2.14 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING above the roof of a BUILDING.
10.2.15 SIGNS - FASCIA are permitted provided that:
a) SIGNAGE does not exceed 12% of the total surface area of the BUILDING face where the
SIGN is to be erected; and
b) no individual SIGN shall exceed 3m/9.85.ft in height
c) shall not exceed the length of the wall of the BUILDING upon which the SIGN is to be displayed;
and
d) No SIGN - FASCIA shall project more than 25cm/9.84in from a wall that a SIGN is affixed to.
10.2.16 SIGNS - PORTABLE OR MOBILE are permitted for a limited time of up to one (1) year, at the
discretion of the DEVELOPMENT AUTHORITY.
10.2.17 SIGNS - SANDWICH are permitted provided that the SIGN shall:
93 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way.
94 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
11.0 INDUSTRIAL LAND USE DISTRICT
11.1 IND (INDUSTRIAL) LAND USE DISTRICT
INTENT
The intent of the IND LAND USE DISTRICT is to provide an area for industrial DEVELOPMENT.
USES
TABLE 11.1 PERMITTED AND DISCRETIONARY USES IN THE IND LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR STRUCTURE;
b) AUCTION FACILITY;
c) AUTOMOTIVE SALES AND RENTALS;
d) AUTOMOTIVE SERVICE;
e) BUSINESS SUPPORT SERVICE;
f)
CAR WASH;
g) COMMERCIAL SCHOOL or COLLEGE;
h) CONSTRUCTION SERVICE;
i)
EQUIPMENT RENTAL FACILITY;
j)
FARM IMPLEMENT SALES AND SERVICES;
k) FLEET SERVICE;
l)
Grain storage facility;
m) HOUSEHOLD REPAIR SERVICE;
n) INDUSTRIAL OPERATION;
o) LUMBER YARD;
p) Manufacturing;
q) MINI-STORAGE;
r)
OIL FIELD SERVICE;
a) ABATTOIR;
b) AGRICULTURE;
c) BUILDING - MOVED IN;
d) BULK OIL, FUEL AND CHEMICAL
STORAGE;
e) COMMUNITY HALL;
f)
CANNABIS PRODUCTION AND
DISTRIBUTION;
g) GOVERNMENT SERVICE;
h) HELICOPTER LANDING PAD;
i)
LOGGING SERVICE;
j)
MANUFACTURED HOME - MOBILE SALES;
k) PAWNBROKER;
l)
PET SERVICE;
m) RECREATIONAL SERVICE - INDOOR;
n) RECYCLING DEPOT;
o) RELOCATABLE INDUSTRIAL
ACCOMMODATION;
95 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
s) OUTDOOR STORAGE;
t)
PROPANE FACILITY;
u) PUBLIC USE;
v) RECREATIONAL VEHICLES SALES AND
SERVICE;
w) RECYCLING DEPOT;
x) TAXI SERVICE;
y) TRANSMITTING STATION;
z) VETERINARY CLINIC; and
aa) WAREHOUSE.
p) SALVAGE YARD; and
q) TEMPORARY BUNKHOUSE.
SITE PROVISIONS
11.1.1 Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the IND LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements as follows:
TABLE 11.2 IND LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
ALL USES
LOT AREA (minimum)
950m2/10,225sq.ft.
LOT WIDTH (minimum)
25m/82ft.
LOT DEPTH (minimum)
40m/131.2ft.
YARD - FRONT (minimum)
6m/19.6ft.
YARD - FLANKAGE (minimum)
0m/0ft. however, LOT CORNER must comply with Subsection 5.3
of this BYLAW.
YARD - SIDE (minimum)
0m/0ft. however, the BUILDING must conform to the distances
required in the National Building Code - Alberta Edition.
YARD - REAR (minimum)
4m/13.1ft. unless the rear boundary abuts a railway right-of-way, in
which case, no YARD - REAR is required.
BUILDING HEIGHT (maximum)
16m/52.4ft. or 4 stories
LOT COVERAGE (maximum)
60%
Note: These requirements are based upon each DEVELOPMENT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
11.1.2 DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are subject to the
requirements of Subsection 5.24.
11.1.3 All industrial establishments located on a SITE bordering a highway shall be screened from the
highway in a manner incorporating LANDSCAPING or BERM or both to the satisfaction of the
DEVELOPMENT AUTHORITY.
11.1.4 Any nuisance factor generated by a DEVELOPMENT, including but not limited to:
a) dust, fly ash or other particulate matter;
b) odorous gas or odorous matter; and
96 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
c) toxic gas or any other toxic substance;
must be contained within an enclosed ON-SITE BUILDING.
11.1.5 Article 11.1.4 does not relieve against any compliance with any other standards established by any
Federal, Provincial or Municipal enactments.
11.1.6 All driveways, ACCESSES or approaches from a street to the LOT shall be in a location acceptable
to the DEVELOPMENT AUTHORITY. The driveway, ACCESS and approach shall have a steel
culvert to enable satisfactory ditch drainage and be HARD-SURFACED.
11.1.7 PARCELS within the IND LAND USE DISTRICT that have existing residential USES, are permitted
to renovate or improve these DWELLING UNITS, so long as no structural changes are undertaken.
11.1.8 Under no circumstances will the DEVELOPMENT AUTHORITY allow existing residential USES
within the IND LAND USE DISTRICT to be replaced with a new DWELLING UNIT.
11.1.9 Under no circumstances will the DEVELOPMENT AUTHORITY allow PARCELS within the IND
LAND USE DISTRICT that do not currently have a residential USE, to add a new residential USE.
11.1.10 All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
11.1.11 When assessing a DISCRETIONARY USE within this LAND USE DISTRICT, the DEVELOPMENT
AUTHORITY shall require the applicant to demonstrate that any potential impacts of the activity
shall not adversely affect surrounding USES. Matters that shall be addressed in the application
may include, but is not limited to, the potential impacts of noise, hours of operation, traffic
generation and visual appearance of the SITE and STRUCTURES.
11.1.12 When considering a bingo hall, GOVERNMENT SERVICE, PAWNBROKER, PET SERVICE or
COMMUNITY HALL as a DISCRETIONARY USE, the applicant must demonstrate the following to
the DEVELOPMENT AUTHORITY
a) provide the reasons why the USE could not be located within the C-1 LAND USE DISTRICT,
such as the scale of the BUILDINGS, PARKING required or that the majority of the land and
BUILDINGS within the C-1 LAND USE DISTRICT are occupied; and
b) demonstrate the USE does not undermine the ability for acceptable PERMITTED USES to
operate in the IND LAND USE DISTRICT.
11.1.13 When considering a proposed HELICOPTER LANDING PAD in the IND LAND USE DISTRICT,
the DEVELOPMENT AUTHORITY will only consider these uses if:
a) they are proposed for PARCELS located on both sides of 92 Street from 98 Avenue to 114
Avenue, inclusive of Plan 8320882 Block 4 Lot B; and
b) that all the mandatory provisions in Subsection 5.27 are complied with to the satisfaction of the
DEVELOPMENT AUTHORITY.
11.1.14 When considering an AGRICULTURE USE in the IND LAND USE DISTRICT, the DEVELOPMENT
AUTHORITY will only consider the DEVELOPMENT of an industrial or commercial greenhouse.
97 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
11.1.15 Under no circumstances will the DEVELOPMENT AUTHORITY consider an AGRICULTURE USE
that includes the cultivation of soil for the growing of crop or the raising of livestock within the IND
LAND USE DISTRICT.
11.1.16 When approved, all TEMPORARY BUNKHOUSES are:
a) subject to a renewable 5-year term agreement with the TOWN;
b) permitted to be operational and utilized from April 1st to October 31st inclusive annually;
c) subject to the approval of a Lot Grading and servicing plans;
d) limited to one DWELLING UNIT per LOT, and must contain adequate water and sewer service
satisfactory to the DEVELOPMENT AUTHORITY and the Public Health Inspector; and
e) be subject to the approval by the Public Health Inspector.
11.1.17 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate any impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
11.1.18 SIGNS - FREESTANDING or SIGNS - DIRECTORY are permitted provided that:
a) no SIGN shall exceed a maximum height of 10m/32.8ft.;
b) no SIGN - FREESTANDING or SIGN - DIRECTORY shall have SIGNAGE that exceeds:
i)
6m2/64.5sq.ft in SIGN AREA per SIGN FACE for a one or two business BUILDINGS;
ii) 8.75m2/94.1sq.ft. in SIGN AREA per SIGN FACE for a three (3) business BUILDINGS;
iii) 11.5m2/123.7.sq.ft. per SIGN FACE in SIGN AREA for a four (4) business BUILDINGS;
and
iv) 14.25m2/153.3sq.ft. in SIGN AREA per SIGN FACE for a five (5) or more business
BUILDINGS.
c) no more than one SIGN - FREESTANDING or SIGN - DIRECTORY shall be permitted for
every 30m/98.4ft. of LOT - FRONTAGE; and
d) no SIGN shall extend beyond the street right-of-way line at the outermost point of the SIGN.
11.1.19 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING per business on a property; and
d) no SIGN shall project more than 30cm/11.8in above the roof of a BUILDING.
11.1.20 SIGNS - FASCIA are permitted provided that:
a) SIGNAGE does not exceed 12% of the total surface area of the BUILDING face where the
SIGN is to be erected; and
b) no individual SIGN shall exceed 3m/9.85ft. in height.
c) shall not exceed the length of the wall of the BUILDING upon which the SIGN is to be displayed;
and
d) No SIGN - FASCIA shall project more than 25cm/9.84in from a wall that a SIGN is affixed to.
11.1.21 SIGNS - PORTABLE OR MOBILE are permitted for a limited time of up to one (1) year, at the
discretion of the DEVELOPMENT AUTHORITY.
11.1.22 SIGNS - SANDWICH are permitted provided that the SIGN shall:
98 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way.
99 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
12.0 OTHER LAND USE DISTRICTS
12.1 CU (COMMUNITY USE) LAND USE DISTRICT
INTENT
The intent of the CU LAND USE DISTRICT is to provide areas for PUBLIC EDUCATION SERVICES and
community services.
USES
TABLE 12.1 PERMITTED AND DISCRETIONARY USES IN THE CU LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR STRUCTURE;
b) ASSISTED LIVING FACILITY;
c) COLLEGE;
d) COMMUNITY HALL;
e) DAY CARE FACILITY;
f)
EMERGENCY SERVICES FACILITY;
g) EXHIBITION GROUNDS;
h) GOVERNMENT SERVICE;
i)
HEALTH SERVICE;
j)
HOSPITAL;
k) NON-PROFIT COMMUNITY SUPPORT SERVICE;
l)
PLACE OF WORSHIP;
m) PUBLIC EDUCATION SERVICE;
n) PUBLIC USE; and
a) BUILDING - MOVED IN;
b) CEMETERY;
c) HELICOPTER LANDING PAD;
d) Park; and
e) RECREATIONAL SERVICE -
INDOOR.
100 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
o) TEMPORARY shelter services.
SITE PROVISIONS
12.1.1 Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the CU LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements as follows:
TABLE 12.2 CU LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
ALL USES
YARD - FRONT (minimum)
7m/22.9ft.
YARD - FLANKAGE (minimum)
4m/13.1ft.
YARD - SIDE (minimum)
4m/13.1ft.
YARD - REAR (minimum)
7m/22.9ft.
BUILDING HEIGHT (maximum)
16m/52.4ft.
LOT COVERAGE (maximum)
60%
Note: These requirements are based upon each DEVELOPMENT being contained on its own individual
LOT.
ADDITIONAL REQUIREMENTS
12.1.2 DEVELOPMENTS involving more than one PRINCIPAL BUILDING on a LOT are subject to the
requirements of Subsection 5.24.
12.1.3 All ACCESSORY DEVELOPMENTS must be of an architectural design that is equivalent in quality
and appearance to the PRINCIPAL BUILDING.
12.1.4 Provisions for adequate vehicular traffic circulation shall be provided on all SITES to the satisfaction
of the DEVELOPMENT AUTHORITY.
12.1.5 PLACES OF WORSHIP shall not exceed the maximum height permitted in the LAND USE
DISTRICT where it is proposed or located, unless approved by the DEVELOPMENT AUTHORITY,
having due regard to the amenities of the area.
12.1.6 The SITE upon which a PLACE OF WORSHIP is situated shall have LOT FRONTAGE of not less
than 30m/98.4ft. and an area of not less than 900m2/9,687sq.ft..
12.1.7 In the case where a manse, rectory, parsonage or other BUILDING for use as a clergyman's or
clergywoman's residence is to be developed on the same SITE as the PLACE OF WORSHIP, the
combined area of the SITE shall not be less than 1,200m2/12,916sq.ft.
12.1.8 All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
101 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
12.1.9 When assessing a DISCRETIONARY USE within this LAND USE DISTRICT, the DEVELOPMENT
AUTHORITY shall require the applicant to demonstrate that any potential effects of the activity do
not adversely affect surrounding USES. Matters that shall be addressed in the application may
include, and not limited to, the potential impacts of noise, hours of operation, traffic generation and
visual appearance of the SITE and STRUCTURES.
12.1.10 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
12.1.11 SIGNS - FREESTANDING or SIGNS - DIRECTORY are permitted provided that:
a) no SIGN - FREESTANDING or SIGN - DIRECTORY shall have SIGNAGE that exceeds
6m2/64.5sq.ft. in SIGN AREA per SIGN FACE;
b) no more than one SIGN - FREESTANDING or SIGN - DIRECTORY shall be permitted for
every 30m/98.4ft. of LOT FRONTAGE; and
c) no SIGN shall extend beyond the street right-of-way line at the outermost point of the SIGN.
12.1.12 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING per business on a property; and
d) no SIGN shall project more than 30cm/11.8in above the roof of a BUILDING.
12.1.13 SIGNS - FASCIA are permitted provided that:
a) the total SIGN AREA of the BUILDING does not exceed 5% of the total surface area of the
BUILDING face where the SIGNAGE is to be erected; and
b) no individual SIGN shall exceed 1m/3.2ft. in height;
c) shall not exceed the length of the wall of the BUILDING upon which the SIGN is to be displayed;
and
d) no SIGN - FASCIA shall project more than 25cm/9.94in from a wall that a SIGN is affixed to.
12.1.14 SIGNS - PORTABLE OR MOBILE are permitted for a limited time of up to one (1) year, at the
discretion of the DEVELOPMENT AUTHORITY.
12.1.15 SIGNS - SANDWICH are permitted provided that the SIGN shall:
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way.
102 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
12.2 P (PARKS) LAND USE DISTRICT
INTENT
The intent of the P LAND USE DISTRICT is to provide parks and facilities throughout the TOWN for the
purpose of public recreation.
USES
TABLE 12.3 PERMITTED AND DISCRETIONARY USES IN THE P LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) Park; and
b) Playground.
a) ACCESSORY BUILDING OR STRUCTURE;
b) BUILDING - MOVED IN
c) CAMPGROUND;
d) CEMETERY;
e) EXHIBITION GROUNDS;
f)
PUBLIC USE;
g) RECREATIONAL SERVICE - INDOOR; and,
h) RECREATIONAL SERVICE - OUTDOOR.
SITE PROVISIONS
12.2.1 Notwithstanding any provision within Section 5 of this BYLAW, any property or SITE located within
the P LAND USE DISTRICT is subject to the LOT, SITE and BUILDING requirements as follows:
TABLE 12.4 P LAND USE DISTRICT LOT, SITE AND BUILDING REQUIREMENTS
COMPONENT
ALL USES
YARD - FRONT (minimum)
7m/22.9ft.
YARD - FLANKAGE (minimum)
4m/13.1ft.
YARD - SIDE (minimum)
4m/13.1ft.
YARD - REAR (minimum)
7m/22.9ft.
BUILDING HEIGHT (maximum)
10m/32.8ft.
ADDITIONAL REQUIREMENTS
12.2.2 The DEVELOPMENT AUTHORITY may issue a DEVELOPMENT PERMIT subject to such
conditions as necessary to meet the purpose of this LAND USE DISTRICT.
12.2.3 All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
12.2.4 When assessing a DISCRETIONARY USE within this LAND USE DISTRICT, the DEVELOPMENT
AUTHORITY shall require the applicant to demonstrate that any potential effects of the activity do
103 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
not adversely affect surrounding USES. Matters that shall be addressed in the application may
include, and not limited to, the potential impacts of noise, hours of operation, traffic generation and
visual appearance of the SITE and STRUCTURES.
12.2.5 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
12.2.6 SIGNS - FREESTANDING or SIGN - DIRECTORY are permitted provided that:
a) SIGN - FREESTANDING or SIGN - DIRECTORY shall have SIGNAGE that exceeds
6m2/64.5sq.ft. in SIGN AREA per SIGN FACE;
b) no more than one SIGN - FREESTANDING or SIGN - DIRECTORY shall be permitted for
every 30m/98.4t. of LOT FRONTAGE; and
c) no SIGN shall extend beyond the street right-of-way line at the outermost point of the SIGN.
12.2.7 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING per business on a property; and
d) no SIGN shall project more than 30cm/9.84in above the roof of a BUILDING.
12.2.8 SIGNS - SANDWICH are permitted provided that the SIGN shall:
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way.
104 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
12.3 A (AGRICULTURAL) LAND USE DISTRICT
INTENT
The intent of the A LAND USE DISTRICT is to utilize agricultural lands within TOWN and to control land
areas which are undeveloped or developed to low intensity, while allowing for an orderly and planned
transformation to increasingly intensive future DEVELOPMENTS in these areas.
USES
TABLE 12.5 PERMITTED AND DISCRETIONARY USES IN THE A LAND USE DISTRICT
PERMITTED USES
DISCRETIONARY USES
a) ACCESSORY BUILDING OR STRUCTURE;
and
b) AGRICULTURE.
a) BUILDING - MOVED IN;
b) DWELLING - SINGLE FAMILY;
c) HOME OCCUPATION;
d) MANUFACTURED HOME - MODULAR; and
e) PUBLIC USE.
SITE PROVISIONS
12.3.1 All minimum yards required shall be at the discretion of the DEVELOPMENT AUTHORITY using
the requirements of a LAND USE DISTRICT where the DEVELOPMENT is of a PERMITTED USE
or DISCRETIONARY USE.
12.3.2 No BUILDING and/or STRUCTURE shall be placed within 15m/49.2ft. of the top of the bank of or
any WATERBODY, unless the requirements of Subsection 5.5 have been complied with to the
satisfaction of the DEVELOPMENT AUTHORITY.
12.3.3 All DEVELOPMENTS are subject to the requirements of Sections 5 and 6 of this BYLAW.
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
12.3.4 When considering a residential USE within the A LAND USE DISTRICT, the DEVELOPMENT
AUTHORITY shall have specific regard for:
a) any residential USE shall be secondary to the primary AGRICULTURAL USE of the property;
and
b) land shall not be further subdivided for the purposes of a large residential DEVELOPMENT.
12.3.5 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
SIGNAGE REQUIREMENTS
12.3.6 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING per business on a property; and
105 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
d) no SIGN shall project more than 30cm/11.8in above the roof of a BUILDING.
12.3.7 SIGNS - FASCIA are permitted provided that:
a) the total SIGN AREA of the BUILDING does not exceed 5% of the total surface area of the
BUILDING face where the SIGNAGE is to be erected; and
b) no individual SIGN shall exceed 1m/3.2ft. in height;
c) no individual SIGN shall exceed the length of the wall of the BUILDING upon which the SIGN
is to be displayed; and
d) no SIGN - FASCIA shall project more than 25cm/9.84in from a wall that a SIGN is affixed to.
12.3.8 SIGNS - SANDWICH are permitted provided that the SIGN shall:
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way.
106 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
12.4 R (RESERVE) LAND USE DISTRICT
INTENT
The intent of the R LAND USE DISTRICT is to restrict DEVELOPMENTS within lands that may contain
ENVIRONMENTALLY SENSITIVE AREAS. These lands may be developed after consideration of their
natural value in consultation with Alberta Environment and Parks.
USES
There are no PERMITTED USES in this LAND USE DISTRICT. DISCRETIONARY USES in this LAND
USE DISTRICT are Park and PUBLIC USE.
SITE PROVISIONS
12.4.1 All DEVELOPMENT shall comply with the requirements of Subsection 5.5 to the satisfaction of the
DEVELOPMENT AUTHORITY.
DISCRETIONARY USE CRITERIA AND CONSIDERATIONS
12.4.2 When considering a DISCRETIONARY USE within this LAND USE DISTRICT, the
DEVELOPMENT
AUTHORITY
shall
have
specific
regard
for
potential
impacts
on
ENVIRONMENTALLY SENSITIVE AREAS and could require an applicant to undertake an
ENVIRONMENTAL IMPACT ASSESSMENT with the approvals process based upon the direction
of Alberta Environment and Parks.
12.4.3 The DEVELOPMENT AUTHORITY may impose conditions on DISCRETIONARY USES that avoid,
remedy or mitigate potential impacts, including monitoring conditions to confirm compliance.
107 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
12.5 DC (DIRECT CONTROL) LAND USE DISTRICT
INTENT
The intent of the DC LAND USE DISTRICT is to enable COUNCIL to exercise particular control over the
USE and DEVELOPMENT of LOTS or BUILDINGS within these LAND USE DISTRICTS.
USES
12.5.1 COUNCIL shall determine the USES that may be permitted within a DC LAND USE DISTRICT.
12.5.2 Notwithstanding Article 12.5.1, COUNCIL may allow a residential USE within a predominantly
industrial area, which is within a DC LAND USE DISTRICT. COUNCIL shall consider the
requirements of the National Building Code - Alberta Edition and compatibility of adjacent USES,
and may impose such standards and conditions they consider appropriate.
DEVELOPMENT PROVISIONS
12.5.3 COUNCIL may impose standards and conditions they consider appropriate to regulate a USE.
12.5.4 COUNCIL may decide on a DEVELOPMENT PERMIT application or may delegate the decision to
the DEVELOPMENT AUTHORITY with direction that they consider appropriate.
12.5.5 COUNCIL or the DEVELOPMENT AUTHORITY may refer to a corresponding conventional LAND
USE DISTRICT, or any part of this BYLAW, to determine the regulations, which may be applied to
a proposed DC LAND USE DISTRICT permit application.
SIGNAGE REQUIREMENTS
12.5.6 SIGNS - PROJECTING are permitted provided that:
a) no SIGN shall exceed a maximum size of 6m2/64.5sq.ft. in SIGN AREA;
b) no SIGN shall project more than 1m/3.2ft. from the BUILDING wall;
c) there shall be a maximum of one SIGN - PROJECTING per business on a property; and
d) no SIGN shall project more than 30cm/11.8in above the roof of a BUILDING
12.5.7 SIGNS - SANDWICH are permitted provided that the SIGN shall:
a) not exceed a single SIGN FACE area of 0.5m2/5.3sq.ft.;
b) no more than one SIGN - SANDWICH is provided per LOT;
c) it is not located within the required SIGHT TRIANGLE; and
d) it does not obstruct pedestrian or vehicular traffic along any publicly owned land such as a
sidewalk or street right-of-way.
108 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
APPENDIX 1
MAPS
109 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 1
110 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 2
111 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 3
112 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 4
113 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 5
114 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 6
115 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 7
116 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 8
117 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
MAP 9
118 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
APPENDIX 2
FIGURES
119 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 1
120 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 2
121 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 3
122 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 4
123 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 5
124 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 6
125 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 7
126 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 8
127 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 9
128 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 10
129 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 11
130 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 12
131 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 13
132 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 14
133 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 15
134 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 16
135 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 17
136 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 18
137 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 19
138 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 20
139 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 21
140 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 22
141 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 23
142 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 24
143 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 25
144 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
FIGURE 26
145 Town of High Level Land Use Bylaw No. 1018-21 | Current as of January 13th 2022
- END OF DOCUMENT -