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TOWN OF HIGH RIVER
IN THE PROVINCE OF ALBERTA
BYLAW 4594/2021 - AMENDING LAND USE BYLAW
A BYLAW OF THE TOWN OF HIGH RIVER TO AMEND BYLAW 4510/2017, BEING A
BYLAW TO REGULATIE THE DEVELOPMENT AND USE OF LAND WITHIN THE
TOWN OF HIGH RIVER IN THE PROVINCE OF ALBERTA.
WHEREAS
WHEREAS
AND WHEREAS
NOW THEREFORE
The Municipal Government Act requires that every municipality
pass a land use bylaw which may prohibit, regulate and control
the use and development of land and buildings in a municipality;
Pursuant to the provisions of the Municipal Government Act,
Council of the Town of High River, hereinafter called the
"Council", has adopted Land Use Bylaw 4510/2017; and
Council deems is desirable to amend Land Use Bylaw
4510/2017;
Be it resolved:
1. That the Council of the Town of High River enacts that Land
Use Bylaw 4510/2017 be rescinded;
2. That the Council of the Town of High River enacts that
Cannabis Bylaw 4537 /2018 be rescinded;
3. That the Council of the Town of High River enacts that
Cannabis Bylaw 4576/2020 be rescinded;
4. And that Bylaw 4594/2021, forming Schedule A to this bylaw,
comes into full force and effect upon third and final reading.
READ A FIRST TIME this s....,. day of Mal/ c.,\r.. , A.D. 2021.
7Deputy Mayor
Chief Administrative Officer
f
DATE OF PUBLIC HEARING:
A:pv<i \ \ :1.:J 2 01 \
APPROVED this
\ ,z-n. day of
A:f>r\ \
. A.D. 201.L
READ A SECOND TIME this _2S_""'aay of _k,
................
~:;.:o'-f---'· A.D. 202}.
Chief Administrative Officer
READ A THIRD AND FINAL TIME this ~day of Al~
A.D. 2ozj
puty Mayor
Chief Administrative Officer
THE TOWN OF HIGH RIVER
LAND USE BYLAW
BYLAW 4594/2021
LEFT BLANK FOR DUPLEX PRINTING
TABLE OF CONTENTS
PART 1: PURPOSE & AUTHORITY
1.1 General Purpose _________________________________________________________________ 1
1.2 Authority _______________________________________________________________________ 2
1.3 Applicability _____________________________________________________________________ 2
PART 2: MAPS & OVERLAYS
2.1 Land Use Map ___________________________________________________________________ 3
2.2 Flood Hazard Overlay _____________________________________________________________ 7
2.3 Restricted Development Area _______________________________________________________ 8
2.4 Minimum Development Elevation ____________________________________________________ 8
PART 3: LAND USE DISTRICTS
3.1 General Overview _______________________________________________________________ 13
3.2 Natural District (Nd) ______________________________________________________________ 15
3.3 Urban Reserve District (Urd) _______________________________________________________ 21
3.4 Traditional Neighbourhood District (Tnd) ______________________________________________ 39
3.5 Neighbourhood Centre District (Ncd) _________________________________________________ 81
3.6 Central Business District (Cbd) ____________________________________________________ 126
3.7 Service & Employment District (Sed) ________________________________________________ 173
3.8 Direct Control General Provisions __________________________________________________ 217
PART 4: PURPOSE & AUTHORITY
4.1 Development Authority __________________________________________________________ 218
4.2 Subdivision Authority ____________________________________________________________ 219
4.3 Amendments To This Bylaw ______________________________________________________ 220
4.4 Forms, Notices, And Fees ________________________________________________________ 221
4.5 Application For A Development Permit ______________________________________________ 222
4.6 Issuance Of Development Permits And Notices _______________________________________ 224
4.7 Development Agreement _________________________________________________________ 225
4.8 Conditions Of Approval __________________________________________________________ 226
4.9 Development Commencement ____________________________________________________ 227
TABLE OF CONTENTS
4.10 Development Permit Revision, Suspension, Or Cancellation ____________________________ 227
4.11 Application For Subdivision ______________________________________________________ 228
4.12 Subdivision Agreement _________________________________________________________ 230
4.13 Municipal Inspection And Right Of Entry ____________________________________________ 231
4.14 Stop Order ___________________________________________________________________ 231
4.15 Offences And Penalties _________________________________________________________ 232
4.16 Other Remedies _______________________________________________________________ 233
4.17 Special Enforcement Relating To Signs_____________________________________________ 233
4.18 Non-Conforming Buildings & Uses ________________________________________________ 234
PART 5: DEFINITIONS
5.1 Definitions ____________________________________________________________________ 236
MAPS
Map 1: Land Use Map _____________________________________________________________ 5
Map 2: Flood Hazard Overlay Map ____________________________________________________ 9
Map 3: Minimum Development Elevation Map __________________________________________ 11
PART 1: PURPOSE & AUTHORITY
Town of High River Land Use Bylaw
1
1.1
GENERAL PURPOSE
The purpose of this Bylaw is to allow sustainable
development based on Smart Growth Principles
as they relate to the surrounding built and un-
built environment. To accomplish this, the Bylaw
organizes sustainable development patterns
along a rural-to-urban sequence based on the
pedestrian experience and with the knowledge
and expectation that development decisions
made today will impact future generations.
In order to ensure this purpose is achieved, all
planning applications, including land use,
subdivision and development permit
applications, will be evaluated using the
following Principles:
A Pedestrian as the Universal Measure of Design:
The Town of High River is to be designed based on a scale that is comfortable to people,
encourages walking, accommodates a variety of functions, can change, and adapt over time,
and will foster an environment that supports and reinforces the social aspects of the Town.
Stewardship through Sustainable Design:
The Town, the community, and the development industry act as stewards for the High River of
tomorrow. All development shall focus on long term quality over short term gains.
PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
2
1.2
AUTHORITY
1.2.1
The action of the Town of High River, hereby
known as the "Town", in the adoption of this
Bylaw is authorized under the Municipal
Government Act, as amended.
1.2.2
The adoption of this Bylaw is necessary to
promote the health, safety, convenience, and
general welfare of the citizens of the Town and
to assist in the coordinated, efficient, and
economical development of the Town. This
Bylaw is implemented in order to advance the
objectives and policies of the Town Plan.
1.2.3
This Bylaw shall be referred to as the "Town
of High River Land Use Bylaw".
1.3
APPLICABILITY
1.3.1
This Bylaw shall apply to all lands contained
within the municipal limits of the Town.
1.3.2
Provisions of this Bylaw are activated by "shall"
when required; "should" when recommended;
and "may" when optional.
1.3.3
The provisions of this Bylaw, when in conflict,
shall take precedence over those of other local
bylaws, regulations, and standards except the
General Engineering and Construction
Specifications.
1.3.4
Any Federal and Provincial legislation,
regulations, approval processes, licensing or
permitting shall be applied to Development
applications as required, specifically, the
Alberta Safety Codes Act.
1.3.5
If any provision of this Bylaw is held, by court of
competent jurisdiction, to be invalid, then the
validity of the remaining provisions of this
Bylaw shall not in any way be affected or
impaired.
1.3.6
Words and terms used in this Bylaw shall have
the same meaning as given to them in the
Municipal Government Act unless otherwise
defined in Part 5 Definition of Terms. Where no
definition is provided in the Municipal
Government Act, the Alberta Interpretation Act
or this Bylaw, Webster's New Collegiate
Dictionary shall be used.
1.3.7
Where in conflict, numerical metrics shall take
precedence over graphic metrics. Graphics are
to support the regulations in this Bylaw.
1.3.8
For the purpose of confirming compliance with
this Bylaw, measurements shall be rounded off
to the same number of significant figures as
set out in this Bylaw.
1.3.9
A legal Structure, Use, or Lot that conformed
to all previous Land Use Bylaw requirements
prior to the date this Bylaw came into force, but
no longer complies with the requirements of
this Bylaw, is deemed to be in conformance
with this Bylaw.
PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
3
2.1
LAND USE MAP
2.1.1
The Town is hereby divided into the following
six Land Use Districts with boundaries:
(a) Natural District (ND)
(b) Urban Reserve District (URD)
(c) Traditional Neighbourhood District (TND)
(d) Neighbourhood Centre District (NCD)
(e) Central Business District (CBD)
(f) Service & Employment District (SED)
2.1.2
The Land Use Districts listed in Section 2.1.1
are delineated on the map in this Section,
which shall be known as the "Land Use Map".
2.1.3
The Land Use Map may be amended or
replaced by bylaw from time to time.
2.1.4
In the event that a dispute should arise over
the precise location of a boundary of any Land
Use District as shown on the Land Use Map,
the Development Authority shall decide
thereon.
PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
4
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PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
5
Map 1: Land Use Map
High ftl Rive:r
~
Land
se Bylaw Map
-
N'AJURAL DISTRICT
Dj
URMI\I RESERVE DISTRICT {
D)
DfTIONAL NEIGHBO I HOOD IDIST
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NEIGHBOURHOOD QE'NffiE IDISTRICT (NCD)
-
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-
SERVICE Ii EMPtoYMENT DISTRICT (SED)
Parcels
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Boundary
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PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
6
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PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
7
2.2
FLOOD HAZARD OVERLAY
2.2.1
The purpose of the Flood Hazard Overlay is to:
(a) Identify lands within the Town that are
liable to flooding during high water events;
and
(b) Provide regulations for lands liable to
flooding to ensure Development can be
undertaken in a safe manner.
2.2.2
Lands subject to the Flood Hazard Overlay are
identified in the Flood Hazard Overlay Map and
are further delineated as being subject to either
the Floodway, or Restricted Development
Area.
(a) The Flood Hazard Overlay regulations
apply in addition to the regulations of the
underlying Land Use District.
(b) If there is a conflict between the Overlay
and the Land Use District, the Overlay
takes precedence.
2.2.3
No Development shall be allowed within the
Flood Hazard Overlay that has the potential to
increase the obstruction of floodwaters or
potential for a detrimental effect on the
hydrological system, water quality, or on
existing Development. For the purpose of the
Flood Hazard Overlay, Development includes
the construction of roads.
2.2.4
The following shall be the only Permitted Uses
in the Floodway and Restricted Development
Areas:
(a) Essential Public Utility;
(b) Rural Non-Intensive Agriculture; and
(c) Passive Recreation.
2.2.5
The following shall be the only Discretionary
Uses in the Floodway and Restricted
Development Areas and shall require a
Development Permit:
(a) Excavation, stripping, or grading;
(b) Fencing or similar Structures; and
(c) Landscaping.
2.2.6
Outside Storage is prohibited.
2.2.7
No new Buildings or Structures shall be
allowed except to:
(a) Accommodate Essential Public Utilities
or erosion control measures; or
(b) Replace an existing Building or Structure
on the same location provided that the flood
hazard can be overcome in a manner that
is acceptable to the Town and Alberta
Environment and Parks.
PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
8
2.3
RESTRICTED DEVELOPMENT AREA
2.3.1
All Sites within a Restricted Development
Area shall be protected to the Town's
Designated Design Event plus 1 metre of
Freeboard. This may be accomplished by one
of the following methods:
(a) Infilling the Site with suitable soils to raise
the overall grade to the minimum elevation
required to withstand the Designated
Design Event. In addition, all Buildings
shall be flood proofed to withstand the
Designated Design Event plus 1 metre of
Freeboard. For clarity, this includes the
lowest building opening, main floor
elevation, main electrical panel, and all
mechanical equipment in a Building.
(b) Constructing a dike or berm so that the
Site is designed to withstand the
Designated Design Event plus metre of
Freeboard; or
(c) An alternative solution approved by the
Town at the discretion of the
Development Authority.
2.3.2
Subsequent to flood mitigation measures being
constructed to protect a Site in accordance
with Section 2.3.1, the Town shall amend the
Flood Hazard Overlay Map to remove the
Restricted Development Area classification.
2.4
MINIMUM DEVELOPMENT ELEVATION
2.4.1
The known water elevations that occur in the
Town during a high-water event are generally
shown on the Minimum Development
Elevation Map.
2.4.2 At the discretion of the Development
Authority, all Buildings shall be adequately
flood proofed to withstand the Minimum
Development Elevation plus a minimum of
0.5 metres of Freeboard. For clarity, this
includes the main floor elevation, main
electrical panel, and all mechanical equipment
in a Building.
2.4.3
As a condition of approval and at the discretion
of the Development Authority, all new
Buildings that require flood proofing to the
Minimum Development Elevation may be
required to submit:
(a) A Flood Protection Commitment Letter
with a Building Permit application; and
(b) A Flood Protection Compliance Letter
prior to occupancy being granted.
PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
9
Map 2: Flood Hazard Overlay Map
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PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
10
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PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
11
Map 3: Minimum Development Elevation Map
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PART 2: MAPS & OVERLAYS
Town of High River Land Use Bylaw
12
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
13
3.1
GENERAL OVERVIEW
3.1.1
The Land Use Districts within the Town are
arranged on a rural to urban sequence and
include the following districts:
(a) Natural District (ND)
(b) Urban Reserve District (URD)
(c) Traditional Neighbourhood District (TND)
(d) Neighbourhood Centre District (NCD)
(e) Central Business District (CBD)
(f) Service & Employment District (SED)
3.1.2
The sequence represents the increasing
intensity of form and Use from the rural (left
side) to urban (right side). Each Land Use
District is reflective of a unique physical and
social character that are reinforced in each
district of this Bylaw. The Land Use District
forms are illustrated in the sequence below.
3.1.3
In addition to the regulations specified within
each Land Use District, all parts of this Bylaw
apply, as appropriate, to all Sites within the
Town.
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
14
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
15
3.2
NATURAL DISTRICT (ND)
3.2.1
Intent
To protect the river corridor from Development
that may impede the flow of floodwater and to
support healthy ecological function of riparian
areas.
3.2.2
Uses
The following Uses are grouped into Use
Categories to add clarity regarding the intent of
the form of Development. Definitions are in
Section 5.1: Use Definitions.
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(a) Institutional
Premises used by
organizations to support
the common good
including organizations
dedicated to religion, arts
and culture, education,
government, social
service, recreation, health,
and the like.
Passive Recreation
None
(b) Other
Additional Uses that may be
considered in this Land
Use District.
Essential Public Utilities
Excavation, stripping and
grading; fencing,
landscaping, or other
similar Structures
Accessory Buildings
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
16
3.2.3
Specific Use Standards
Element
Standard
(a) Discretionary
Uses
Shall only be allowed if there is no detrimental effect on the hydrological system or water
quality.
(b) New Buildings
The Development Authority may allow new Buildings on a Temporary basis at their
discretion provided that the flood hazard can be overcome by mitigating measures that
meet or exceed Provincial requirements and are acceptable to the Town. However,
Buildings or Structures intended for Essential Public Utilities or erosion control may
be allowed on a permanent basis.
(c) Accessory
Uses
Accessory Uses are Permitted or Discretionary in accordance with the Primary Use(s).
(d) Accessory
Buildings
No Accessory Building shall be used as a Dwelling Unit unless the Building meets the
requirements of the Alberta Safety Codes Act.
3.2.4
Subdivision & Development Standards
Element
Standard
(a) Discretionary
Uses
Shall only be allowed if there is no detrimental effect on the hydrological system or water
quality.
(b) Subdivision
No Subdivision is allowed unless proven to the satisfaction of the Development Authority
that it is required in order to enhance the protection of the river corridor or to mitigate the flow
of floodwater.
(c) New Buildings
No new Buildings are allowed except for replacement of existing Buildings on the same
locations provided that the flood hazard can be overcome by mitigating measures that meet
or exceed Provincial requirements and are acceptable to the Town. Buildings or
Structures intended for Essential Public Utilities or erosion control may be allowed.
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
17
Element
Standard
(d) External
Alterations or
Additions
No external Alterations or Additions to existing Buildings or Structures that might
increase the obstruction of floodwaters or have a detrimental effect on the hydrological
system or water quality shall be allowed.
(e) Hazardous
Materials
No storage of hazardous materials such as chemicals, explosives, flammable liquids, toxic,
or waste material is allowed.
(f) Development
not requiring a
Development
Permit
A Development Permit is not required in respect of the following Developments provided
they are in compliance with the standards outlined in this Land Use District and all other
provisions of this Bylaw:
i.
Work of maintenance, repair or Alteration, on a Structure, both internal and
external, if at the discretion of the Development Authority, such work:
A. Does not result in an increase in the number of Dwelling Units within the
Building or on the Site;
B. Does not increase the floor area by more than 25.0 percent of the original
Residential Structure or Building;
C. Does not change the Use or intensity of the Use of the Structure or
Building; and
D. Is performed in accordance with obligatory legislation or other government
regulations.
ii.
The completion of a Building which was lawfully under construction at the date this
Bylaw comes into effect;
iii.
The use of any Building referred to in Subsection 4.6 for the purpose for which
construction was commenced;
iv.
The use of a Building, other than a Non-Conforming Use or Non-Conforming
Building, that has been vacant for less than 6 months for a purpose that is, at the
discretion of the Development Authority, the same or similar to the previous Use;
v.
The Change of Use of a Building or Structure, other than a Non-Conforming
Use or Non-Conforming Building provided that:
A. The requirements of the Development Permit for the existing Building have
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
18
Element
Standard
been fulfilled; and
B. The Change of Use is from a Permitted or Discretionary Use to a Permitted
Use in this Land Use District.
vi.
The erection, construction, or maintenance of gates, Fences, walls, or other means
of enclosure which meet the standards in this Land Use District;
vii.
The construction and maintenance of Essential Public Utilities;
viii.
The erection of an Accessory Building in association with an approved Permitted
Use when it complies with the standards of this Bylaw;
ix.
The use of a Building or part thereof as a temporary polling station for a federal,
provincial, or municipal election, referendum, or plebiscite;
x.
The construction, maintenance, and repair of private walkways, private pathways,
private driveways, private features, and landscaping details that do not involve
retaining walls greater than 0.6 metres in height, and are in compliance with this
Land Use District;
xi.
Excavation of land and stripping of soil provided:
A. That the area concerned is less than 1,000 square metres;
B. That the stripping or Excavation is part of a Development for which a
Development Permit has been issued; or
C. That the Applicant has signed a Development Agreement with the Town for
the area concerned.
xii.
Street performers or other vendors having a Business License and written
permission from the landowner and are not located fronting on Centre Street S, 5th
Street SE or 12th Avenue SE;
xiii.
Communication Structures that comply with the Federal Radio Communication Act;
xiv.
Sustainable Renewable Energy systems and Structures providing they are in
compliance with the provisions of this Bylaw and any other obligatory legislation or
government regulations;
xv.
Minor Home Occupation(s);
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
19
Element
Standard
xvi.
Mural(s);
xvii.
Day Home(s); and
xviii.
Patio(s).
xix.
Erection of flagpoles not exceeding 4.5 metres in height for the purpose of flying a
Flag but not a Sign.
3.2.5
Additional Standards
(a) The Development Authority may allow a Variance of any or all of the requirements of this Bylaw through an
application, where at the discretion of the Development Authority, the Development would not unduly
interfere with the amenities of the neighbourhood, detract from the public realm, or materially interfere with or
affect the use, enjoyment, or value of the neighbouring Lots, and the Use proposed is allowed by this Bylaw.
(b) Any standard from this Bylaw may be applied to Development within this Land Use District at the discretion of
the Development Authority in order to ensure a high-quality level of design and / or future urban development
opportunities.
(c) When a Development cannot be clearly categorized in this Bylaw, the Development Authority shall
determine all applicable standards.
(d) All other Development proposals shall be at the Development Authority's discretion.
(e) All Development shall meet the requirements of the Alberta Safety Codes Act.
(f) All Development shall meet the Minimum Development Elevation requirements in Section 2.4 if required by the
Development Authority as per Section 2.4.3.
(g) Notwithstanding any other provisions contained in this Bylaw, no vegetation, finished Lot grade, Building,
Structure, or Fence shall exceed the general elevation of the Thoroughfare by more than 0.76 m within the
area defined as a Corner Visibility Triangle.
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
20
(h) Sites with incomplete Development must be maintained at all times in accordance with the standards of the
Town, including but not necessarily limited to the Good Neighbour Bylaw and the General Engineering and
Construction Specifications.
Corner
Internal
Lot
Lot
Corner
~
isibility
_,
angle
01
3
7.5 m
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
21
3.3
URBAN RESERVE DISTRICT (URD)
3.3.1
Intent
To support rural forms of Development and
temporary Uses prior to transitioning to a more
urban form through an Area Structure Plan,
Neighbourhood Outline Plan and / or land use
redesignation.
3.3.2
Uses
The following Uses are grouped into Use
Categories to add clarity regarding the intent of
the form of Development. Definitions are in
Section 5.1: Use Definitions.
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(a) Residential
Premises available for
long-term human
habitation by means of
ownership and rental but
exclude short-term renting
of less than a month's
duration.
None
Dwelling Unit(s);
Additional Dwelling
Unit(s);
Temporary Dwelling
Unit(s);
Temporary
Additional Dwelling
Unit(s)
(b) Office
Premises available for the
transaction of general
business.
Major Home
Occupation
None
(c) Retail &
Entertainment
Premises available for the
commercial sale of
merchandise and prepared
foods.
None
Temporary Café,
Temporary Retail &
Service, General
ND NATURALDISTRICT
URD URBANRESERVEDISTRICT
NEIGHBOURHOOD DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
22
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(d) Manufacturing
Premises available for the
creation, assembly, and
repair of artefacts including
their retail sale except
when such activity creates
conditions that may be
objectionable to
neighbouring property
owners.
None
Temporary
Cannabis Facility
(including Temporary
Cannabis Store)
Light Industrial;
Outside Storage
(temporary)
(e) Institutional
Premises used by
organizations to support
the common good
including organizations
dedicated to religion, arts
and culture, education,
government, social
service, recreation, health,
and the like.
Passive Recreation
Active Recreation;
Temporary Light
Industrial;
Education;
Government
(f) Agriculture
Premises available for
growing of plants or raising
of livestock for the purpose
of food production.
Rural, Intensive
Agriculture; Rural,
Non-Intensive
Agriculture; Urban
Agriculture
None
ND NATURALDISTRICT
URD URBANRESERVEDISTRICT
NEIGHBOURHOOD DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
23
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(g) Other
Additional Uses that may
be considered in this Land
Use District.
Essential Public
Utilities
Signs in association
with an approved Use
on the Site, unless
otherwise specified in
Section 3.3.10;
Pageantry Features
in association with an
approved
Development.
Excavation, stripping
and grading; fencing,
landscaping, or other
similar Structures
Sustainable
Renewable Energy
Temporary Shipping
Containers
3.3.3
Specific Use Standards
Element
Standard
(a) Discretionary
Uses
Shall only be allowed if there is no detrimental effect on the hydrological system or water
quality.
(b) New Buildings
The Development Authority may allow new Buildings on a Temporary basis at their
discretion provided that the flood hazard can be overcome by mitigating measures that
meet or exceed Provincial requirements and are acceptable to the Town. However,
Buildings or Structures intended for Essential Public Utilities or erosion control may be
allowed on a permanent basis.
(c) Cannabis
Facility
At the time of Development Permit application, a Cannabis Facility shall not be located
closer than 75.0 metres to any of the following, as measured from the closest point of the
proposed Cannabis Facility Bay to the closest point of the Lot boundary of:
i.
Any land zoned Traditional Neighbourhood District.
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Element
Standard
(d) Cannabis Store
i.
At the time of Development Permit application, a Cannabis Store Bay shall not
be located closer than 100.0 metres to any of the following, as measured from the
closest point of the Cannabis Store Bay to the closest point of the Site boundary
of:
A. A School;
B. School reserve or municipal and school reserve (as defined by the
Municipal Government Act); or
C. A Public Park.
ii.
Where a proposed Cannabis Store Bay is within a 150.0 metre radial distance of
an existing Cannabis Store Bay, as measured from the closest point of the
Cannabis Store Bay to the closest point of the other Cannabis Store Bay, any
cumulative impacts of the facilities on existing Development within the area must
be considered by the Development Authority.
(e) Change of Use A Change of Use within an existing Building may be considered, at the discretion of the
Development Authority provided the proposed use is listed as permitted or discretionary in
this land use district.
(f) Compatibility
No Use or operation shall cause or create any conditions which may be offensive or
objectionable beyond the Lot Lines by virtue of noise, odour, vibrations, heat, or light, at the
discretion of the Development Authority.
(g) Accessory
Uses
Accessory Uses are Permitted or Discretionary in accordance with the Primary Use(s).
(h) Accessory
Buildings
No Accessory Building shall be used as a Dwelling Unit unless the Building meets the
requirements of the Alberta Safety Codes Act.
(i) Sustainable
Renewable
Energy
Sustainable Renewable Energy systems and Structures must be in compliance with the
provisions of this Bylaw and any other obligatory legislation or government regulations.
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Element
Standard
(j) Temporary
Development
Temporary Uses, Buildings, or Structures may be permitted in all Districts at the discretion
of the Development Authority, provided that Temporary Buildings or Structures are not
placed on permanent foundations and provided that the Use, Building or Structure is listed
as a Permitted or Discretionary Use in the relevant land use district.
i.
A Development Permit shall only be provided for up to a maximum of five years, at
which time a new or renewed Development Permit shall be required.
ii.
Temporary Buildings or Structures must have the appearance and aesthetic of the
Buildings or Structures allowed in the Land Use District at the discretion of the
Development Authority.
(k) Temporary
Shipping
Containers
Temporary Shipping Containers may be used for the storage of equipment and materials
during the construction period at the construction site subject to the following:
i.
The Site must have an approved and active Building Permit.
ii.
The Shipping Container must be placed wholly within the subject Site.
iii.
The Shipping Container shall be removed from the Lot no later than seven (7)
calendar days after completion of the Building Permit.
iv.
If construction ceases for a period of thirty (30) days, the Shipping Container shall
be removed from the Site no later than seven (7) days after notice to remove is
issued by the Town.
(l) Prohibited Uses
i.
The storage of any Temporary Dwelling Unit;
ii.
The outdoor storage of unsightly materials including derelict vehicles;
iii.
The storage of goods, products, or materials in any Frontage; and
iv.
Gaming Establishments.
(m) Development
not requiring a
Development
A Development Permit is not required in respect of the following Developments provided
they are in compliance with the standards outlined in this Land Use District and all other
provisions of this Bylaw:
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Element
Standard
Permit
i.
Work of maintenance, repair or Alteration, on a Structure, both internal and
external, if at the discretion of the Development Authority, such work:
A. Does not result in an increase in the number of Dwelling Units within the
Building or on the Site;
B. Does not increase the floor area by more than 25.0 percent of the original
Residential Structure or Building;
C. Does not change the Use or intensity of the Use of the Structure or Building;
and
D. Is performed in accordance with obligatory legislation or other government
regulations.
ii.
The completion of a Building which was lawfully under construction at the date this
Bylaw comes into effect;
iii.
The use of any Building referred to in Subsection 4.6 for the purpose for which
construction was commenced;
iv.
The use of a Building, other than a Non-Conforming Use or Non-Conforming
Building, that has been vacant for less than 6 months for a purpose that is, at the
discretion of the Development Authority, the same or similar to the previous Use;
v.
The Change of Use of a Building or Structure, other than a Non-Conforming
Use or Non-Conforming Building provided that:
A. The requirements of the Development Permit for the existing Building have
been fulfilled; and
B. The Change of Use is from a Permitted or Discretionary Use to a Permitted
Use in this Land Use District.
vi.
The erection, construction, or maintenance of gates, Fences, walls, or other means
of enclosure shall be permitted at the discretion of the Development Authority;
vii.
The construction and maintenance of Essential Public Utilities;
viii.
The erection of an Accessory Building in association with an approved Permitted
Use when it complies with the standards of this Bylaw;
ix.
The use of a Building or part thereof as a temporary polling station for a federal,
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Element
Standard
provincial, or municipal election, referendum, or plebiscite;
x.
The construction, maintenance, and repair of private walkways, private pathways,
private driveways, private features, and landscaping details that do not involve
retaining walls greater than 0.6 metres in height, and are in compliance with this
Land Use District;
xi.
An outdoor in-ground or above-ground private swimming pool provided:
A. Not located in a Frontage;
B. Having a total area not exceeding 15.0 percent of the Lot area; and
C. That does not have any part of the above Grade component, including a Deck,
walkway, supporting member, heater, or mechanical equipment, located within
1.2 metres of any Side Lot Line or Rear Lot Line.
xii.
Excavation of land and stripping of soil provided:
A. That the area concerned is less than 1,000.0 square metres;
B. That the stripping or Excavation is part of a Development for which a
Development Permit has been issued; or
C. That the Applicant has signed a Development Agreement with the Town for
the area concerned.
xiii.
Communication Structures that comply with the Federal Radiocommunication Act;
xiv.
Minor Home Occupation(s);
xv.
Mural(s);
xvi.
Day Home(s); and
xvii.
Patio(s)
xviii.
Erection of flagpoles not exceeding 4.5 metres in height for the purpose of flying a
Flag but not a Sign.
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3.3.4
Subdivision & Development Standards
(a) No Subdivision is allowed without an approved Area Structure Plan or Neighbourhood Outline Plan and
appropriate zoning.
3.3.5
Additional Standards
(a) The Development Authority may allow a Variance of any or all of the requirements of this Bylaw through an
application, where at the discretion of the Development Authority, the Development would not unduly interfere
with the amenities of the neighbourhood, detract from the public realm, or materially interfere with or affect the
use, enjoyment, or value of the neighbouring Lots, and the Use proposed is allowed by this Bylaw.
(b) Any standard from this Bylaw may be applied to Development within this Land Use District at the discretion of
the Development Authority in order to ensure a high-quality level of design and / or future urban development
opportunities.
(c) When a Development cannot be clearly categorized in this Bylaw, the Development Authority shall
determine all applicable standards.
(d) All Development shall meet the requirements of the Alberta Safety Codes Act.
(e) All other Development proposals shall be at the Development Authority's discretion.
(f) All Development shall meet the Minimum Development Elevation requirements in Section 2.4 if required by the
Development Authority as per Section 2.4.3.
(g) Notwithstanding any other provisions contained in this Bylaw, no vegetation, finished Lot grade, Building,
Structure, or Fence shall exceed the general elevation of the Thoroughfare by more than 0.76 m within the
area defined as a Corner Visibility Triangle.
(h) Sites with incomplete Development must be maintained at all times in accordance with the standards of the
Town, including but not necessarily limited to the Good Neighbour Bylaw and the General Engineering and
Construction Specifications..
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3.3.6
Sustainable Energy
(a) Sustainable Renewable Energy systems are encouraged and supported within the Town. Solar Energy
Systems and Wind Turbines shall be considered at the discretion of the Development Authority.
3.3.7
The Design, Character & Appearance of Temporary and Permanent Buildings
(a) The size, location, design, character and appearance of any Building or Structure requiring a Development
Permit shall be acceptable to the Development Authority having due regard to:
i.
The policies and objectives contained within the Town's Statutory Plans;
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Corner
Internal
Lot
Lot
Corner
~
isibility
.....,
angle
(.11
3
7.5 m
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
30
ii.
Any studies adopted as guidelines regarding Heritage Buildings and historic resources, vistas,
streetscapes, parking, mobility, public art, and open space;
iii. The character of existing Development in this Land Use District including, but not necessarily limited to,
facing materials, Building mass and architectural detailing;
iv. The character of existing Development in this Land Use District, as well as the effect on adjacent Land
Use District(s) and parcels, unless the Building or Structure, at the discretion of the Development
Authority, sets a higher standard of design, character and appearance for this Land Use District, or part
of it; and
v. Other factors such as daylight, sunlight, and privacy.
(b) The exterior finishing materials on the Façade of a proposed Development shall be those identified on the
approved plans for that Development.
(c) Once constructed, the Façade of the Building(s) shall be maintained to the standard shown on the Site Plan
and elevation drawings approved by the Development Authority.
(d) Additions to any Primary Building(s) and any Accessory Building(s) shall be constructed and finished with
materials compatible with the Primary Building(s).
(e) Where a proposed Development is part of a larger area, the whole of which may eventually be designed and
developed, and for which no overall Development plan has been prepared, the Development Authority may
require the submission of a Master Site Plan before dealing with the application.
3.3.8
Drainage Standards
(a) All roof drainage from a Structure or Building must be discharged onto the Lot on which the Structure or
Building is located. No roof drainage may create any negative impact on adjacent Sites. Should any damage
occur, the owner shall be responsible for all of the costs of all applicable damages, as determined by a qualified
professional (e.g. insurance underwriter) based on the General Engineering and Construction Specifications as
applicable.
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3.3.9
Pageantry Features
(a) Pageantry Features may only be located within or abutting the Development that they relate to.
(b) Pageantry Features are limited to:
i.
promoting natural and manmade attributes and amenities of the Development;
ii.
providing the names of area builders;
iii.
providing directions within the Development;
iv.
indicating the general price range of housing products.
(c) Pageantry Features must not:
i.
be installed so as to obstruct or impede free and clear vision for motorists and pedestrians and in so
doing create a traffic hazard;
ii.
interfere with, or cause confusion with, any authorized sign, signal or traffic control device and in so
doing create a traffic hazard;
iii.
impede pedestrians from using the sidewalk system;
iv.
create any other safety issue under the regulations of the Town of High River Traffic Bylaw or the
Traffic Safety Act, RSA 2000; or
v.
cause any damage to any Town owned trees (through installation, placement or removal) or result in
any pruning to improve visibility of Pageantry Features.
(d) Pageantry Features may include the following types:
i.
freestanding signs, provided the signs do not exceed 2.0 metres in height and 3.0 square metres in
sign area and are securely inserted into the ground (skids, concrete blocks, and similar types of
footings will not be permitted);
ii.
flags and flag poles;
iii.
banners and banner poles; or
iv.
any other decorative feature where, in the opinion of the Development Authority, the feature is
consistent with the intent of these regulations.
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(e) All Pageantry Features within a Development must be coordinated, cohesive and have a consistent theme.
(f) All Pageantry Features within a Development must be kept in good repair at all times.
(g) There is no limitation to the number of Pageantry Features that can be proposed and approved in a
Development under a single application. However, the Development Authority reserves the right to restrict
the number of Pageantry Features approved for a Development based on the suitability of the location and
design of the Pageantry Features.
(h) A Development Permit shall only be provided for up to a maximum of 5 years, at which time a new or renewed
Development Permit shall be required. Pageantry shall be removed within thirty days of the final Lot or unit of the
Development being sold by the developer.
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3.3.10 Sign Standards
Sign Element
Standard
(a) General Sign
Standards
i.
Signs should be appropriate and integrated with the Building design and character of
the neighbourhood.
ii.
Signs shall be primarily oriented toward pedestrians in both scale and location. Signs
oriented towards vehicles are considered secondary.
iii. Signs shall not obstruct pedestrian or vehicular visibility or circulation.
iv. Signs shall not project above the roofline of a Building.
v. The message on the Sign shall relate to the Use of the Site(s) on which it is located.
vi. Signs shall not exceed 20.0 percent of the Building Façade to which it is attached.
vii. Sign illumination shall be from the top of the Sign and oriented downward and shall be
designed to have no direct light emitted above the top of the Sign and / or the Signs
support Structure, unless, in the opinion of the Development Authority, the design is
enhanced by the addition of light for aesthetic purposes..
viii. The vertical clearance from the bottom of a Sign to Grade for a public space shall be:
A. Minimum 2.5 metres for sidewalks;
B. 3.8 metres for driveways, parking spaces and streets; and
C. 4.6 metres for Loading areas.
ix. Signs shall at all times be maintained In a proper and safe state of repair and shall not be
permitted to become dilapitaed or unsightly.
x. All Signs within the Urban Reserve District shall be Temporary only.
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Sign Element
Standard
(b) Sign, Banner
i.
Shall be limited to 1 banner per business.
ii.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
iii.
Materials shall be weather resistant and minimize glare.
(c) Sign, Canopy
i.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
ii.
May project into the Public Frontage up to 1.5 metres as long as it maintains a
Setback of at least 0.6 metres from the Curb.
iii. Shall not be allowed in addition to a Sign, Fascia on the same business Façade.
(d) Sign,
Changeable
Message
i.
Shall only be allowed as part of a Sign, Freestanding or Sign, Fascia.
(e) Sign, Community
Identification
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
1.5 metres from Grade.
ii.
Shall be self-supported and shall be permanent and stationary.
(f) Sign, Fascia
i.
Shall not cover more than 20.0 percent of the first Storey Façade for a business.
ii.
The top of a Sign, Fascia shall have a maximum height of 4.5 metres from Grade and
shall not extend above the base of a window on any upper Storey.
iii. May project into the Public Frontage up to 0.4 metres.
iv. Shall not be allowed in addition to a Sign, Canopy on the same business Façade.
(g) Sign, Flag
i.
May have a maximum sign area of 2.0 square metres and have a maximum height of
6.0 metres from Grade.
ii.
A maximum of one Sign is allowed per Frontage.
iii.
Must not be located on a Roof of a Building.
iv.
Must be secured to a flagpole which is secured into the ground. Portable Signs, Flag
shall not be permitted.
v.
Shall incorporate landscaping where required by the Development Authority
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Sign Element
Standard
(h) Sign,
Freestanding
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum
height of 4.0 metres from Grade.
ii.
A maximum of one Sign is allowed per Lot.
iii.
Shall incorporate landscaping where required by the Development Authority
(i) Sign, Projecting
or Hanging
i.
Shall have a maximum Sign area of 1 square metre.
ii.
May project into the Public Frontage up to 1.0 metre as long as it does not project
closer than 0.6 metres to the Curb and shall not extend past a Sign, Canopy on
the same Façade.
iii.
A maximum of one Sign is allowed per business Façade.
iv.
Shall be located a minimum of 3.0 metres from each other.
(j) Sign, Sponsorship
i.
Signs located on Fences shall not cover more than 50.0 percent of the Fence
facing the Public Realm and shall not obstruct sight lines, gates or access points
to the satisfaction of the Development Authority.
ii.
Signs shall not protrude past the side edges, above, or below the Fence.
iii.
Shall not cover more than 20.0 percent of the first Storey Façade of the Building
or Structure.
(k) Sign, Window
i.
A Development Permit is required for a total Sign area of more than 50.0 percent
of the glass surface of the window(s).
ii.
In the case of a Major Home Occupation, the maximum Sign area shall be 0.2
square metres and a maximum of one Sign per Major Home Occupation shall be
permitted.
iii.
Shall not be illuminated when located in a Residential Building.
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Sign Element
Standard
(l) Signs not
requiring a
Development
Permit
i.
An official notice, Sign, placard, or bulletin for Municipal, Provincial, or Federal
purposes whether on public or private property.
ii.
A Sign that is not visible from the Public Realm at the discretion of
Development Authority.
iii.
Signs, Temporary Banner to advertise any Community Group or Community
Event, and with a maximum Sign area of 3.0 square metres in accordance with
Council approved guidelines.
iv.
Signs, Temporary associated with an approved Temporary Use, with a
maximum area of 1.0 square metre, a maximum height of 2.0 metres, and a
maximum of 2 Signs per Lot.
v.
Signs, Construction located on Site(s) where construction, renovation, or
maintenance is occurring, and is removed 7 days following completion of work.
vi.
Signs, Election with a maximum Sign area of 1.5 square metres, and maximum
height of 2 metres, which are placed no sooner than 30 days prior to an election
and removed 7 days following.
vii.
Existing Signs when only the message area of the Sign is being changed to
reflect a change in the business name or a replacement sign for an existing
business.
viii.
Signs, Real Estate with a maximum Sign area of 1.0 square metre and a
maximum of 1 Sign per Lot Frontage.
ix.
A Sign, Traffic or Sign, Directional with a maximum Sign area of 1.0 square
metre and a maximum height of 2.0 metres authorized by the Municipal,
Provincial, or Federal Government(s).
x.
A Sign for a garage sale or similar event, posted for a maximum of 48 hours.
xi.
A Sign showing the name or address of a Building that is sculpted or formed
from the Building material.
xii.
Murals or similar public art, providing that no third-party advertising is included.
xiii.
Signs, A-Board.
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Sign Element
Standard
(m) Prohibited Signs
i.
Signs, Inflatable;
ii.
Signs, Searchlight or Laser;
iii. Signs, Third Party;
iv. Signs, Vehicle or Trailer on non-motorized vehicles;
v. Signs, Portable;
vi. Signs, Roof;
vii. Signs, Obsolete; and
viii. Moving, flashing, sound-emitting Signs, or Signs, Revolving.
(n) Additional Sign
Standards
i.
Whenever a panel on a multi-tenant Sign is removed, the Sign owner shall replace it
with a blank panel until such time as a new tenant requires it.
ii.
An existing non-conforming Sign may continue to be displayed provided:
A. The Sign was lawfully erected on or before the day this Bylaw came into effect;
B. The Sign continues to comply with the bylaw in effect at the time of its erection;
C. Changes to the Sign are limited to normal maintenance; and
D. The Sign is not moved or materially altered.
iii. When a Sign cannot be clearly categorized as any of the Signs defined in this Bylaw,
the Development Authority shall determine the Sign type and applicable standards.
iv. All Signs that require a Development Permit in this district shall be Discretionary and
Temporary.
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Sign Element
Standard
(o) Associated Uses
In the table below:
✔ means a Sign is Permitted (and is Temporary)
- means a Sign is Permitted and does not require an associated Use (and is Temporary)
- means a Sign is not Permitted
Sign, Banner
Sign, Canopy
Sign, Changeable
Message
Sign, Community
Identification
Sign, Electronic
Messaging
Sign, Fascia
Sign, Freestanding
Sign, Projecting or
Hanging Wall
Sign, Window
Residential
-
-
-
-
-
-
-
-
Lodging
-
-
Office
-
-
-
Retail &
Entertainment
-
Manufacturing
-
-
-
Institutional
-
-
-
Agriculture
-
-
-
-
-
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3.4
TRADITIONAL NEIGHBOURHOOD DISTRICT (TND)
3.4.1
Intent
To allow for primarily ground-oriented
Residential Development with the integration
of local services that serve the daily needs of
residents, such as Cafés, day care facilities,
home occupations, personal services, and
small-scale Professional Offices in order to
enhance and support a walkable
neighbourhood, and to primarily serve local
residents.
(a) General
characteristics
i.
The overall mix of Uses for this Land Use District should strive for 80.0 percent
Residential and 20.0 percent business services.
ii.
Residential forms shall include a variety of Building types that can include one or more
Dwelling Units.
iii. Business and retail services should meet the daily needs of neighbouring residents
within a 5 minute (400.0 metre) pedestrian network rather than a theoretical 5-minute
walking radius.
iv. All Buildings shall have a Residential form and appearance.
v. Buildings along a Block Face should have variable Setbacks while maintaining a
relationship with the Public Realm by orienting Buildings and Primary entrances to
the Primary Thoroughfare.
vi. Sidewalks, pathways, or similar pedestrian infrastructure shall be provided from all
entrances to the neighbourhood pedestrian network in order to enhance overall
pedestrian connectivity and movement.
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(b) Vision
The Traditional Neighbourhood District (TND) is intended to transition over time to
incorporate a variety of housing forms and local services.
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3.4.2
Uses
The following Uses are grouped into Use
Categories to add clarity regarding the intent of
the form of Development. Definitions are in
Section 5.1: Use Definitions.
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(a) Residential
Premises available for long-term
human habitation by means of
ownership and rental, but
exclude short-term renting of
less than a month's duration.
Dwelling Unit(s)
Additional Dwelling
Unit(s)
Temporary Dwelling
Unit(s);
Temporary
Additional Dwelling
Unit(s)
(b) Lodging
Premises available for short-
term human habitation, including
daily and weekly renting.
Bed & Breakfast,
Short Term Rental
None
(c) Office
Premises available for the
transaction of general business.
Major Home
Occupation
Professional Office
(d) Retail &
Entertainment
Premises available for the
commercial sale of merchandise
and prepared foods.
Café; Retail &
Service, General
Amusement Facility;
Drinking
Establishment; Gas
Station; Restaurant
(e) Manufacturing
Premises available for the
creation, assembly, and repair of
artefacts including their retail
sale except when such activity
creates conditions that may be
objectionable to neighbouring
property owners.
Light Industrial
None
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Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(f) Institutional
Premises used by organizations
to support the common good
including organizations
dedicated to religion, arts and
culture, education, government,
social service, recreation, health,
and the like.
Arts & Culture; After
Life Care; Education;
Government;
Hospital; Human
Services; Passive
Recreation
Active Recreation
(g) Agriculture
Premises available for growing
of plants or raising of livestock
for the purpose of food
production.
Urban Agriculture
None
(h) Other
Additional Uses that may be
considered in this Land Use
District.
Essential Public
Utilities; Signs in
association with an
approved Use on the
Site, unless otherwise
specified in Section
3.4.13.
Pageantry Features in
association with an
approved
Development.
Temporary Shipping
Containers
Excavation, stripping
and grading; fencing,
landscaping, or other
similar Structures
Permanent Shipping
Containers
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3.4.3
Specific Use Standards
Use
Standard
(a) Accessory Building
No Accessory Building shall be used as a Dwelling Unit unless the Building meets
the requirements of the Alberta Safety Codes Act.
(b) Accessory Use
Are Permitted or Discretionary in accordance with the Primary Use(s).
(c) Café
i.
A maximum of 20 patrons is allowed.
ii.
A Café may serve alcoholic beverages for consumption on the premises at
the discretion of the Development Authority, in accordance with the Alberta
Gaming, Liquor & Cannabis Commission.
(d) Discretionary Use
Shall only be allowed if there is no detrimental effect on the hydrological system or
water quality.
(e) Gas Station
Should locate pumps to the side or rear of the Building, increase the front Setback,
or provide additional landscaping in the Private Frontage to better integrate the Gas
Station with the Public Realm.
(f) Light Industrial
i.
Storage shall be within the Building or entirely screened.
ii.
Deliveries or pick-ups in connection with this Use are limited to parcel and
small freight carriers
(g) Major Home
Occupation
i. Outdoor Storage is prohibited.
ii. Deliveries of pick-ups in connection with the Use are limited to parcel and small
freight carriers.
iii. Signs shall be limited to one window Sign, shall not be illuminated, and shall not
exceed 0.2 square metres in area.
iv. Vehicle and equipment service or Repair are not allowed.
v. If a Major Home Occupation Development Permit holder relocates within the
Municipality, a new Development Permit is required for a new Major Home
Occupation at the new location.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
44
Use
Standard
vi. .No nuisances by way of noise, vibration, smoke, dust, fumes, odours, heat,
light, electrical or radio disturbance, detectable beyond the property boundary
shall be produced by the Major Home Occupation.
vii. Commercial Vehicles used for a Major Home Occupation shall be parked on-
site and shall not be located within a Frontage if weight exceeds 4,000.0 kg.
viii. A Development Permit for a Major Home Occupation may be revoked if, at
the discretion of the Development Authority, the operator of the Major Home
Occupation has violated any provisions of this Bylaw and / or the conditions of
the Development Permit.
(h) Outdoor Storage
i.
Shall not be allowed in a Frontage and shall be screened from any
Thoroughfare by means of a solid wall, fencing, landscaping, berming or
combination thereof, to the satisfaction of the Development Authority.
ii.
Shall be kept in a clean and orderly condition at all times.
(i) Restaurant
Shall not install ventilation systems that terminate on the roof of a Building unless the
Applicant can prove that no other feasible alternative is available. To the maximum
extent feasible, ventilation systems shall be directed away from adjacent Residential
properties.
(j) Retail & Service,
General
Shall not exceed 278.0 square metres.
(k) Short Term Rental
i.
Short Term Rental host must obtain a business license.
ii.
A host cannot allow more than two adults, not including minors, per room. As
the definition of short term rental in the bylaw is 14 days or less, longer term
stays are not covered in the bylaw.
(l) Prohibited Uses
i. The storage of any Temporary Dwelling Unit;
ii. The parking of any commercial or industrial vehicle with a gross vehicle weight of
4,000.0 kilograms or more;
iii. The storage of waste and salvage materials including derelict vehicles;
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
45
Use
Standard
iv. The storage of goods, products, or materials in any Frontage; and
v. Gaming Establishments.
(m) Development not
requiring a
Development
Permit
A Development Permit is not required in respect of the following Developments
provided they are in compliance with the standards outlined in this Land Use District
and all other provisions of this Bylaw:
i.
Work of maintenance, repair or Alteration, on a Structure, both internal and
external, if at the discretion of the Development Authority, such work:
E. Does not result in an increase in the number of Dwelling Units within
the Building or on the Site;
F. Does not increase the floor area by more than 25.0 percent of the
original Residential Structure or Building;
G. Does not change the Use or intensity of the Use of the Structure or
Building; and
H. Is performed in accordance with obligatory legislation or other
government regulations.
ii.
The completion of a Building which was lawfully under construction at the
date this Bylaw comes into effect;
iii.
The use of any Building referred to in Subsection 4.6 for the purpose for
which construction was commenced;
iv.
The use of a Building, other than a Non-Conforming Use or Non-
Conforming Building, that has been vacant for less than 6 months for a
purpose that is, at the discretion of the Development Authority, the same or
similar to the previous Use;
v.
The Change of Use of a Building or Structure, other than a Non-
Conforming Use or Non-Conforming Building provided that:
A. The requirements of the Development Permit for the existing Building
have been fulfilled; and
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
46
Use
Standard
B. The Change of Use is from a Permitted or Discretionary Use to a
Permitted Use in this Land Use District.
vi.
The erection, construction, or maintenance of gates, Fences, walls, or other
means of enclosure shall be permitted at the discretion of the Development
Authority;
vii.
The construction and maintenance of Essential Public Utilities;
viii.
The erection of an Accessory Building in association with an approved
Permitted Use when it complies with the standards of this Bylaw;
ix.
The use of a Building or part thereof as a temporary polling station for a
federal, provincial, or municipal election, referendum, or plebiscite;
x.
The construction, maintenance, and repair of private walkways, private
pathways, private driveways, private features, and landscaping details that
do not involve retaining walls greater than 0.6 metres in height, and are in
compliance with this Land Use District;
xi.
An outdoor in-ground or above-ground private swimming pool provided:
A. Not located in a Frontage;
B. Having a total area not exceeding 15.0 percent of the Lot area; and
C. That does not have any part of the above Grade component, including a
Deck, walkway, supporting member, heater, or mechanical equipment,
located within 1.2 metres of any Side Lot Line or Rear Lot Line.
xii.
Excavation of land and stripping of soil provided:
A. That the area concerned is less than 1,000.0 square metres;
B. That the stripping or Excavation is part of a Development for which a
Development Permit has been issued; or
C. That the Applicant has signed a Development Agreement with the
Town for the area concerned.
xiii.
Communication Structures that comply with the Federal
Radiocommunication Act;
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
47
Use
Standard
xiv.
Minor Home Occupation(s);
xv.
Mural(s);
xvi.
Day Home(s); and
xvii.
Patio(s)
xviii.
Erection of flagpoles not exceeding 4.5 metres in height for the purpose of
flying a Flag but not a Sign.
(n) Temporary
Development
i. Temporary Uses, Buildings, or Structures may be permitted in all Districts at
the discretion of the Development Authority, provided that Temporary
Buildings or Structures are not placed on permanent foundations and provided
that the Use, Building or Structure is listed as a Permitted or Discretionary
Use in the relevant land use district.
ii. A Development Permit shall only be provided for up to a maximum of 5 years, at
which time a new or renewed Development Permit shall be required.
iii. Temporary Buildings or Structures must have the appearance and aesthetic of
the Buildings or Structures allowed in the Land Use District at the discretion of
the Development Authority.
(o) Temporary Shipping
Containers
Temporary Shipping Containers may be used for the storage of equipment and
materials during the construction period at the construction site subject to the
following:
i.
The Site must have an approved and active Building Permit.
ii.
The Shipping Container must be placed wholly within the subject Site.
iii.
The Shipping Container shall be removed from the Site no later than seven
(7) calendar days after completion of the Building Permit.
iv.
If construction ceases for a period of thirty (30) days, the Shipping
Container shall be removed from the Site no later than seven (7) days after
notice to remove is issued by the Town.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
48
Use
Standard
(p) Permanent Shipping
Containers
Permanent Shipping Containers may be allowed, however, they must have the
appearance and aesthetic of the Buildings or Structures allowed in the Land Use
District or be completely hidden from view of the Public Realm at the discretion of
the Development Authority.
(q) Additional Standards
No Use or operation shall cause or create any conditions which may be offensive or
objectionable beyond the Lot Lines by virtue of noise, odour, vibrations, heat, or light,
at the discretion of the Development Authority.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
49
3.4.4
Block Configuration & Subdivision Standards
Element
Standard
(a) Block Length
90.0 metres - 180.0 metres.
(b) Block
Perimeter
310.0 metres - 600.0 metres.
(c) Block
Configuration
Rear Lanes are required for all new or reconfigured Blocks. In all cases, Blocks with existing
Lane Access shall retain such Access.
(d) Block
Connectivity
All vehicular Rights-of-Way shall terminate at other vehicular Rights-of-Way to form a
network.
(e) Pedestrian
Connectivity
A mid-Block Passage, dedicated as a Right-of-Way or reserved with a permanent Access
easement, may be required where a Block Face is longer than 180.0 metres. If required, the
mid-Block Passage shall be generally located in the middle third of the Block Face and
shall be designed to ensure pedestrian safety and comfort.
(f) Future Block
Connectivity
Where adjoining areas are not developed, vehicular Rights-of-Way in new Subdivisions
must be extended to the project boundary to provide for future vehicular Rights-of-Way.
Such Rights-of-Way shall be provided at intervals no greater than the maximum Block
Length for the Land Use District.
(g) Additional Lot
and
Subdivision
Standards
i.
Subdivision shall not be allowed where the result creates a through Lot, a
landlocked Lot, or additional Lots with no rear Lane Access.
ii.
Subdivision within a Block should be varied to allow for a variety of Lot sizes.
iii.
Block standards in Subsections 3.4.4 (a) through (f) may be varied to conform to
natural features, transportation Rights-of-Way, parks or open space, or other
similar Site constraints.
iv.
In the event of Subdivision by condominium, Development shall be treated as a
multi-unit complex where the required Development Setback for the Front, Rear,
and Side yards shall be the same as specified in the appropriate land use district.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
50
3.4.5
Setbacks for Primary Buildings
Setback Element
Standard
(a) Front
Setback
2.0 metres - 6.0 metres, to be varied
within a Block Face.
(b) Secondary
Front
Setback
1.0 metre - 4.0 metres.
(c) Side
Setback
Minimum 1.0 metre.
(d) Rear
Setback
Minimum 0.5 metres.
(e) Additional
Standards for
Primary
Buildings
i. Access shall be provided as deemed appropriate by the Development Authority in
consultation with the Fire Department.
ii. The following features may project into the Setbacks:
A. Unenclosed steps and wheelchair ramps;
B. Signs;
C. Fences or masonry walls;
D. Driveways, off-street parking, and pathways;
E. An unenclosed Deck, Porch, or other similar Structure below 0.6 metres in height;
F. An unenclosed Deck, Porch, or other similar Structure above 0.6 metres in height
may project 50.0 percent in a front or rear Setback; and / or
G. Balconies, Eaves, chimneys, cantilevers, bay windows, or other similar Architectural
Features may project up to 50.0 percent into the side Setback or 50.0 percent of a
front Setback and cover no more than 50.0 percent of the Building Façade.
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0)
---------------------------------
Cl
."l
C
~ c
.§
a:
Secondary Frontage
c
-------------1-.. , "~ ,_. J
I Front Setback
Rear 1
I
Setbacki
I
Front Setback
Side Setback
Lot Line
Rear
Setback
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
51
H. Projections not specifically outlined in section 3.4.5 (e)ii A. through G. may be permitted
at the discretion of the Development Authority.
I.
Notwithstanding Subsection 3.4.6 (a), attached parking Structures with Frontage on a
Primary Thoroughfare shall not project more than 1.0 metre in front of the Façade
facing the same Primary Thoroughfare.
3.4.6
Setbacks for Accessory Buildings
Setback Element
Standard
(a) Front Setback
Setback in 3.4.5 (a) plus 1.0
metre.
(b) Secondary
Front Setback
Minimum 1.0 metre.
(c) Side Setback
Minimum 1.0 metre.
(d) Rear Setback
Minimum 0.5 metres.
(e) Additional
Standards for
Accessory
Buildings
i. Access shall be provided for emergency personnel as required.
ii. Where an Accessory Building is attached to the Primary Building by a roof, or an
open or enclosed Structure, it is considered to be a part of the Primary Building, and
shall comply with all requirements applicable to the Primary Building.
iii. Where an Accessory Building or Structure is built on a foundation or is otherwise
unmovable, the building or structure must adhere to the setback standards in Section
3.4.6, regardless of size.
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Secondary Frontage
IP~,~:,~ ;u~l:i~g-..
---_-_- _-_-_-_- _-_-_-_- _-_!._se_-c_;;_,;-_i _a,..,y_F_,~_~_t_-s_; _tb_a-_ck_- _-_- - -
!Setbacks
"
I
Front Setback
m
Front Setback
m
Accessory Building➔-------,-.,,.----------
- Setback _ _ ___________ _ _ _ _$jide Setback __ ____ _ __ _ _
Lot Line
u "'
.0
~
I
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
52
3.4.7
Lot Coverage Standards
Coverage Element
Standard
(a) Lot Coverage
(All Buildings)
Maximum 70.0 percent.
(b) Lot Coverage
(Accessory
Buildings)
Maximum 20.0 percent.
3.4.8
Building Height Standards
Height Element
Standard
(a) Primary
Building Height
1 - 3 Storeys.
(b) Accessory
Building Height
1 - 2 Storeys.
(c) Additional
Building Height
Standards
i.
Floors above the second Storey shall be stepped back for the Primary Frontage or
Secondary Frontage for a minimum horizontal distance of 2.5 metres.
ii. A ground level Residential or Lodging use with a front Setback of less than 2.0 metres
shall be designed in a manner which eliminates privacy concerns.
iii. Building Height Standards may be varied for Buildings in the 1st Street Precinct, or for
Institutional Uses.
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PART 3: LAND USE DISTRICTS
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53
3.4.9
Frontage Standards
Frontage Element
Standard
(a) General
Frontage
Standards
i.
The Public Frontage and Private Frontage shall form a seamless space from the
Curb to the Building and shall consist of separate zones with a focus on key elements
of the Public Realm. Small decorative Fences may divide the Public Frontage and
Private Frontage to differentiate between public and privately owned lands, as long as
the perception of a seamless space is maintained.
ii.
Public spaces shall be clear legible public Access and be designed to allow for a variety
of public Uses.
iii. Improvements to the Public Frontage shall be required for all greenfield and
redevelopment scenarios.
PRIVATE LOT
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LU o
z ,
::i ,
o'
---'i
PUBLIC
FRONTAGE
VEHICULAR LANES
THOROUGHFARE (R.O.W.)
PUBLIC
FRONTAGE
LU'
z'
:i i
I-'
0 '
...J
PRIVATE LOT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
54
Definitions:
Thoroughfare means a Right-of-Way, typically publicly owned, serving primarily pedestrian and vehicular
travel, providing Access to abutting properties, and which may also be used to provide space for bicycle
facilities, Stormwater Management, Shade Trees and / or utilities. Lanes are not considered
Thoroughfares. A Thoroughfare does not have to accommodate vehicular travel.
(a)
Primary Thoroughfare means the Thoroughfare clearly associated with the front Façade of
Primary Buildings along a Block Face. Where a Corner Lot abuts more than two
Thoroughfares, the Development Authority may determine that all Thoroughfares, except
for one, are a Primary Thoroughfare, if such a determination is in the interest of protecting the
quality of the Public Realm.
(b)
Secondary Thoroughfare means a Thoroughfare that is not a Primary Thoroughfare, and is
clearly associated with the corner side Façades of Buildings.
Frontage means the area of a Lot between a Building Façade and a Curb inclusive of its built and
landscape components. Frontage is divided into Public Frontage and Private Frontage.
(a)
Private Frontage means the area between the Building Façades and the Lot Lines, and
applies to the Primary Frontage and secondary Frontage.
(b)
Public Frontage means the area within a Thoroughfare between the Curb and the Front Lot
Line, and applies to the primary Frontage and secondary Frontage.
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Secondary r rontage
I
Public
""'""'""'""'i...--------..:..--..:;..------.J Frontage
.-.....,--,-..------..--------..---..... -.1 Private
Frontage
Front Setback
r. Ffont Setback' J
!
Side Setback
Public l=c::P~,i~va""te=~----":L~ot~L":::n"'.e·===------
Frontage
Frontage
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
55
Frontage Element
Description
Standard
(b) Boulevard
The space between the Curb
and the Property Line in the
Public Frontage.
Minimum 1.5 metres, except where existing Rights-of-
Way conditions require a minor reduction in order to
accommodate a sidewalk, as per Subsection 3.4.9 (c)
and / or landscaping as per Subsection 3.4.9 (d).
(c) Sidewalks
The space for pedestrian
circulation in the Public
Frontage.
i. Minimum 1.5 metres wide, except where existing
Rights-of-Way conditions require a minor reduction in
order to accommodate landscaping, as per
Subsection 3.4.9 (d).
ii. Sidewalks shall be adequately illuminated to ensure a
high level of pedestrian safety and comfort.
iii. Sidewalks within the Public Frontage shall be
dedicated for pedestrian travel only. Sidewalks within
the Private Frontage may be utilized for patio
seating, non-permanent Signs, or landscaping.
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,/LANDSCAPING
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
56
(d) Landscaping
The type and placement of
landscaping elements in the
Public Frontage.
Landscaping may be a mix of trees and Shrubs and
may be grouped together, but shall not hinder pedestrian
movement or connectivity. Where trees are considered,
they shall consist primarily of Shade Trees.
(e) Frontage Build-
Out
The percentage of the Lot Line
that is occupied by Building
Façade as measured from the
Front Setback.
Minimum 65.0 percent.
(f) Transparency
The area of the Façade
composed of windows either
within the wall or within doors
typically measured as a
percentage.
Minimum 50.0 percent on the ground floor and 30 percent
on all upper floors for all Office, and Retail &
Entertainment Use Categories.
(g) Blank Wall
Length
The maximum length of a
Façade without any
Transparency or Architectural
Features.
Maximum 2.0 metres including parking Structures.
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Secondary Frontage
s
Lot line
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
57
(h) Primary
Entrance
The main point of Access for
pedestrians to a Building shall
be considered the Public
Entrance for all non-residential
Uses, and residential Uses that
Access more than 4 Dwelling
Units.
i. Every Building shall have at least one Primary
entrance.
ii. The Primary entrance for residential Buildings with 2
Dwelling Units or less (not including Additional
Dwelling Units) shall be oriented to the Primary
Frontage unless the Building is on a Corner Lot
where the Primary Entrance may be oriented to the
Secondary Frontage at the discretion of the
Development Authority.
iii. The Primary entrance for all non-residential and
residential Buildings with more than 2 Dwelling
Units (not including Additional Dwelling Units) shall
be clearly visible to create identity and a sense of
arrival, be universally accessible, provide weather
protection, and be identifiable to pedestrians, through
the use of Architectural Features, to the satisfaction
of the Development Authority if some or all of the
Units share a common entrance.
(i) Additional
Entrance(s)
All other points of public Access
for pedestrians to a Building,
not including service Access.
i. Every entrance shall be visible and identifiable to
pedestrians similar to the Primary Entrance.
ii. Additional entrance(s) shall be provided at important
pedestrian connectivity locations, to the satisfaction of
the Development Authority.
(j) Additional
Frontage
Standards
i.
Corner Lots shall have a Primary Frontage and a Secondary Frontage.
iii. Consistent high quality design shall be evident in the Development on all areas of a
property, with particular attention to Frontages.
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PART 3: LAND USE DISTRICTS
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3.4.10 Parking, Loading & Access Standards
Element
Standard
(a) General Parking,
Loading &
Access
Standards
i.
Developments should be designed to ensure Access and parking Structures do not
visually dominate the Public Realm or create obstructions to the pedestrian network.
ii.
All Grade-level parking areas adjacent to a Frontage shall be set back a minimum of
3.0 metres and screened from view of the Frontage by landscaping.
iii. Parking lots shall incorporate pedestrian-focused infrastructure to ensure safe and
comfortable pedestrian Access to Building entrances.
iv. Parking lots should incorporate landscaping elements that enhance the pedestrian
experience, provide shade to reduce heat islands, and reduce Stormwater run-off.
v. Parking areas and / or parking Structures shall integrate pedestrian connectivity with
nearby Buildings and / or Lots to support the local pedestrian network.
vi. Curb cuts should be eliminated where possible, or reduced if alternative Access is not
possible.
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PART 3: LAND USE DISTRICTS
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59
Parking Element
Description
Standard
(b) Bicycle Parking
and Bicycle
Storage
The provision and location of
bicycle parking and bicycle
storage.
i. Bicycle parking shall be provided for all Development
at the discretion of the Development Authority
except residential Buildings with 4 Dwelling Units or
less.
ii. Bicycle parking Structures shall be located close to a
Primary entrance, but shall not impede pedestrian
circulation or Access to a Building.
iii. Bicycle parking Structures shall be highly visible and
shall include a permanent rack or hook-up system.
iv. Covered bicycle storage or similar consideration shall
be provided for all Residential Development with 5
Dwelling Units or more. Individual parking
Structures and Accessory Buildings may be
considered as bicycle storage
v. Creative integration with Building and Site design is
encouraged.
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PART 3: LAND USE DISTRICTS
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Parking Element
Description
Standard
(c) Vehicle Parking
The provision and location
of vehicular parking.
i. No minimum number of parking stalls shall be
required for any Development; rather each
Development shall consider the appropriate number
of parking stalls required to support the proposed
Development.
ii. Where vehicle parking is provided parking areas,
stalls, and Access shall meet the design
requirements of this Bylaw and shall be consistent
with the Town's Municipal Engineering Standards.
iii. Off-site vehicle parking (i.e. street parking) may be
considered as a portion of the parking strategy for a
given Development, at the discretion of the
Development Authority.
iv. Parking areas and / or parking Structures shall be
located to the side or rear of a Building, or
underground, wherever possible.
v. Parking areas, including any parking Structures, shall
not exceed 50.0 percent of a Site.
vi. Surface parking areas and / or parking Structures
shall not be allowed unless associated with a
Development.
(d) Accessible
Vehicle Parking
The number and location
of vehicle parking stalls
dedicated for handicap
placard or licensed
vehicles.
For all parking areas and / or parking Structures with 11
or more vehicle stalls, accessible parking shall be
provided in a location with the easiest pedestrian Access
to the Primary entrance and shall be provided in
accordance with the Barrier Free Design Guide as per the
National Building Code
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PART 3: LAND USE DISTRICTS
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Parking Element
Description
Standard
(e) Vehicle Access
A vehicular lane or
driveway within a Lot, or
shared between 2 or
more Lots, providing
Access to a garage or
other parking area and /
or Structure.
i. Parking shall be accessed by rear Lanes wherever
possible. Where no rear Lane exists, Vehicle Access
should be located on the Secondary Frontage.
Where Access on a Secondary Frontage is not
possible, Access may be located on the Primary
Frontage.
ii. For all Uses except for Institutional Uses, Vehicle
Access to parking areas and / or parking Structures
shall be no wider than 3.0 metres in any Frontage.
Institutional Uses may have a Vehicle Access to
parking areas and / or parking Structures no wider
than 6.0 metres in any Frontage.
iii. The number of Vehicle Access points to a Lot shall
be limited to 1.
iv. Joint Vehicle Access between 2 or more adjacent
Lots may be considered to provide more efficient
Vehicle Access arrangements, to reduce Curb cuts,
and / or to reduce any negative impact on the Public
Realm.
(f) Additional
Parking, Loading
& Access
Standards
i.
Vacant land or Buildings shall not be used for parking.
ii.
Permeable paving materials are encouraged in order to increase on-site
Stormwater Infiltration.
iii.
Bicycle Stair Channels are encouraged where more than 3 stairs are part of
the exterior circulation of a Development.
iv.
Parking is not allowed within rear Lane Rights-of-Way.
v.
All parking areas shall illustrate, to the satisfaction of the Development
Authority, how pedestrian circulation and connectivity meets the intent of the
Land Use District and the Guiding Principles Bylaw.
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PART 3: LAND USE DISTRICTS
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3.4.11 Landscaping Standards
Element
Standard
(a) General
Landscaping
Standards
i.
Developments should preserve and enhance the urban forest.
ii.
Landscaping should be integrated into a Development to enhance the pedestrian
experience and improve the Public Realm.
iii. Developments should ensure appropriate conditions for mature tree growth.
iv. The spacing and placement of plants shall be adequate and appropriate for the typical
size, shape, and habitat of the given plant species at maturity.
Landscaping
Element
Description
Standard
(b) Landscaped
Area
The area where
landscaping is
primarily located.
The Landscaped Area for all Development other than 2 Dwelling
Units or less (not including Additional Dwelling Units) shall be a
minimum of 40.0 percent of the total Lot Area for Residential
Uses and 15.0 percent of the total Lot Area for all other Uses.
(c) Tree Size
The size of a tree at
the time of planting.
Minimum height of 2.0 metres and / or 50.0 millimetres in
Caliper.
(d) Shrub Size
The size of a shrub
at the time of
planting.
Minimum of a #2 container and / or a minimum height of 19.0 to
23.0 centimetres, as per the Canadian Nursery Landscape
Association standards.
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Landscaping
Element
Description
Standard
(e) Number of
Trees
The minimum number of
trees required for both
on-site (re)development
and for Frontage(s).
i.
Residential Development with 2 Dwelling Units or
less (not including Additional Dwelling Units) shall
provide a minimum of 1 tree per unit.
ii.
All other Development shall provide a minimum of 1
tree per 35.0 square metres of Landscaped Area.
iii.
In greenfield areas, the minimum number of street
trees located in the Public Frontage is 1 tree for every
7.0 metres of Frontage as measured at the Lot Line
and shall be consistent with Section 3.4.9.
iv.
In addition to the minimum number of trees required for
on-site Development in established areas, additional
trees may be required by the Development Authority
in the Public Frontage if local conditions deem it
appropriate.
(f) Number of
Shrubs
The minimum number of
shrubs required for on-
site (re)development.
i.
Residential Development with 2 Dwelling Units or
less (not including Additional Dwelling Units) shall
provide a minimum of 2 shrubs per unit
ii.
All other Development shall provide a minimum of 1
Shrub per 25.0 square metres of Landscaped Area.
(g) Soil
Requirements
The amount of high-
quality soil and growing
material required to
support mature plant
growth.
Minimum 30.0 centimetres for all planting areas.
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PART 3: LAND USE DISTRICTS
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Landscaping
Element
Description
Standard
(h) Tree
Clearance
The vertical distance between the
existing or potential tree canopy
overhanging sidewalks, driveways,
paths, Lanes, parking spaces,
streets, or other public spaces shall
be of a type that, at maturity or with
minor pruning at installation,
provide a clear height for use of a
given space.
i.
Minimum 2.5 metres for sidewalks;
ii.
3.8 metres for driveways, parking spaces and
streets; and
iii.
4.6 metres for Loading areas.
(i)
Tree
Preservation
Preservation of on-site and off-site
trees is encouraged and may be
used to fulfil the landscaping
requirements as per Subsection
3.4.9 (d) (See Town's current Tree
Protection Bylaw
Mature, healthy, and non-invasive trees shall not
be removed except for essential construction
activities.
(j)
Additional
Landscaping
Standards
Hard landscaping and / or xeriscaping may be substituted for soft landscaping, at the
discretion of the Development Authority.
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3.4.12 Buffers, Screening & Fencing
Element
Description
Standard
(a) Buffers &
Screening
The use of landscaping or
similar elements for Permitted
or Discretionary Uses to offset
the visual impact of some forms
of Development from the
Public Realm and / or
incompatible adjacent Uses.
i.
Minimum landscaping requirements in Section
3.4.11 may be placed so as to act as a buffer
or screen.
ii.
Preservation of existing vegetation that could
act as a buffer is strongly encouraged.
iii.
Additional landscaping may be considered in
order to maintain or enhance the Public
Realm, at the discretion of the Development
Authority.
(b) Fencing
The use and location of fencing,
including masonry walls as
buffers or transitions.
i.
Fencing may be used as a decorative transition
from one Use to another, as a screening
device, or for security purposes.
ii.
Fences within the Primary Frontage shall be
a maximum height of 1.2 metres.
iii.
All other Fences shall be a maximum height of
1.8 metres.
iv.
Security fencing shall only be considered for
safety, at the discretion of the Development
Authority and shall not contain barbed wire.
v.
Fences containing barbed wire are not
permitted except for where the Fence is
required in conjunction with Agricultural Uses
at the Development Authority's discretion.
vi.
Fences/screening devices must be designed
and erected in a manner that does not pose
safety issues to wildlife or the general public.
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PART 3: LAND USE DISTRICTS
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Element
Description
Standard
(c) Garbage
Facilities
The treatment of garbage
facilities.
All garbage facilities shall be visually screened from
public view, to the satisfaction of the Development
Authority.
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Sidewalk
Secondary Frontage
Building
Building
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
67
3.4.13 Sign Standards
Sign Element
Standard
(a) General Sign
Standards
i.
Signs should be appropriate and integrated with the Building design and character of the
neighbourhood.
ii.
Signs shall be primarily oriented toward pedestrians in both scale and location. Signs
oriented towards vehicles are considered secondary.
iii. Signs shall not obstruct pedestrian or vehicular visibility or circulation.
iv. Signs shall not project above the roofline of a Building.
v. The message on the Sign shall relate to the Use of the Site(s) on which it is located.
vi. Signs shall not exceed 20.0 percent of the Building Façade to which it is attached.
vii. Sign illumination shall be from the top of the Sign and oriented downward and shall be
designed to have no direct light emitted above the top of the Sign and / or the Signs support
Structure, unless, in the opinion of the Development Authority, the design is enhanced by
the addition of light for aesthetic purposes..
viii. The vertical clearance from the bottom of a Sign to Grade for a public space shall be:
A. Minimum 2.5 metres for sidewalks;
B. 3.8 metres for driveways, parking
spaces and streets; and
C. 4.6 metres for Loading areas.
ix. Signs shall at all times be maintained In a proper and safe state of repair and shall not be
permitted to become dilapitaed or unsightly.
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Sign Element
Standard
(b) Sign, Banner
i.
Shall be limited to 1 banner per business.
ii.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
iii.
Materials shall be weather resistant and minimize glare
iv.
Shall only be approved on a Temporary basis.
(c) Sign, Canopy
i.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
ii.
May project into the Public Frontage up to 1.5 metres as long as it maintains a Setback
of at least 0.6 metres from the Curb.
iii.
Shall not be allowed in addition to a Sign, Fascia on the same business Façade.
(d) Sign,
Changeable
Message
Shall only be allowed as part of a Sign, Freestanding or Sign, Fascia.
(e) Sign,
Community
Identification
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
1.5 metres from Grade.
ii.
Shall be self-supported and shall be permanent and stationary.
(f) Sign, Electronic
Messaging
i.
May be approved on its own, or as part of a Sign, Freestanding.
ii.
Shall be located in such a manner as to minimize any impacts into any adjacent
Residential Uses.
iii.
Digital display content must not include full motion video, animation, or flashing images.
In the case of an electronic message board, the text may scroll or switch messages at
a pace deemed acceptable to the Development Authority.
iv.
If any component of the digital display fails or malfunctions, the permit holder must
ensure that the digital display is turned off until all components are fixed and are
operating in compliance.
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PART 3: LAND USE DISTRICTS
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Sign Element
Standard
v.
Digital display(s) must not exceed the following illumination levels:
A. A maximum of 7,5000 Nits from sunrise to sunset;
B. A maximum of 500 Nits from sunset to sunrise;
vi.
The light levels around the electronic display must not at any time exceed the ambient
light level by more than 5.0 LUX.
vii.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
4 metres from Grade.
viii.
Shall incorporate landscaping where required by the Development Authority.
ix.
This category of Sign may include, but is not necessarily limited to digital signs,
electronic message boards, Gas Station price boards, Drive-Thru menus, and
time/temperature displays. There is no limitation to the number Signs, Electronic
Messaging that can be proposed and approved in a Development under a single
application. However, the Development Authority reserves the right to restrict the
number of Signs, Electronic Messaging approved for a Development based on the
suitability of the location and design of the Signs, Electronic Messaging
(g) Sign, Fascia
i.
Shall not cover more than 20.0 percent of the first Storey Façade for a business.
ii.
The top of a Sign, Fascia shall have a maximum height of 4.5 metres from Grade and
shall not extend above the base of a window on any upper Storey.
iii. May project into the Public Frontage up to 0.4 metres.
iv. Shall not be allowed in addition to a Sign, Canopy on the same business Façade.
(h) Sign, Flag
i. May have a maximum sign area of 2.0 square metres and have a maximum height of 4
metres from Grade.
ii. A maximum of one Sign is allowed per Frontage.
iii. Must not be located on a Roof of a Building.
iv. Must be secured to a flagpole which is secured into the ground. Portable Signs, Flag
shall not be permitted.
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Sign Element
Standard
v. Shall incorporate landscaping where required by the Development Authority
(i) Sign,
Freestanding
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
4.0 metres from Grade.
ii.
A maximum of one Sign is allowed per Site.
iii. Shall incorporate landscaping where required by the Development Authority
(j) Sign,
Projecting or
Hanging
i.
Shall have a maximum Sign area of 1 square metre.
ii.
May project into the Public Frontage up to 1.0 metre as long as it does not project
closer than 0.6 metres to the Curb and shall not extend past a Sign, Canopy on the
same Façade.
iii.
A maximum of one Sign is allowed per business Façade.
iv.
Shall be located a minimum of 3.0 metres from each other.
(k) Sign,
Sponsorship
i.
Signs located on Fences shall not cover more than 50.0 percent of the Fence facing
the Public Realm and shall not obstruct sight lines, gates or access points to the
satisfaction of the Development Authority.
ii.
Signs shall not protrude past the side edges, above, or below the Fence.
iii.
Shall not cover more than 20.0 percent of the first Storey Façade of the Building or
Structure.
(l) Sign, Window
i.
A Development Permit is required for a total Sign area of more than 50.0 percent of
the glass surface of the window(s).
ii. In the case of a Major Home Occupation, the maximum Sign area shall be 0.2 square
metres and a maximum of one Sign per Major Home Occupation shall be permitted.
iii.
Shall not be illuminated when located in a Residential Building.
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Sign Element
Standard
(m) Signs not
requiring a
Development
Permit
i.
An official notice, Sign, placard, or bulletin for Municipal, Provincial, or Federal purposes
whether on public or private property.
ii.
A Sign that is not visible from the Public Realm at the discretion of Development
Authority.
iii.
Signs, Temporary Banner to advertise any Community Group or Community Event
and with a maximum Sign area of 3.0 square metres.
iv.
Signs, Temporary associated with an approved Temporary Use, with a maximum area
of 1.0 square metre, a maximum height of 2.0 metres, and a maximum of 2 Signs per
Lot.
v.
Signs, Construction located on Site(s) where construction, renovation, or maintenance
is occurring, and is removed 7 days following completion of work.
vi.
Signs, Election with a maximum Sign area of 1.5 square metres, and maximum height
of 2 metres, which are placed no sooner than 30 days prior to an election and removed 7
days following. Existing Signs when only the message area of the Sign is being
changed to reflect a change in the business name.
vii.
Signs, Real Estate with a maximum Sign area of 1 square metre and a maximum of 1
Sign per Lot Frontage.
viii.
A Sign, Traffic or Sign, Directional with a maximum Sign area of 1.0 square metre and
a maximum height of 2.0 metres authorized by the Municipal, Provincial, or Federal
Government(s).
ix.
A Sign for a garage sale or similar event, posted for a maximum of 48 hours.
x.
A Sign showing the name or address of a Building that is sculpted or formed from the
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Sign Element
Standard
(n) Prohibited
Signs
i.
Signs, Inflatable;
ii.
Signs, Searchlight or Laser;
iii.
Signs, Third Party;
iv.
Signs, Vehicle or Trailer on non-motorized vehicles;
v.
Signs, Portable;
vi.
Signs, Roof;
vii.
Signs, Obsolete; and
viii.
Moving, flashing, sound-emitting Signs, or Signs, Revolving.
(o) Additional Sign
Standards
i.
Whenever a panel on a multi-tenant Sign is removed, the Sign owner shall replace it
with a blank panel until such time as a new tenant requires it.
ii.
An existing non-conforming Sign may continue to be displayed provided:
A. The Sign was lawfully erected on or before the day this Bylaw came into effect;
B. The Sign continues to comply with the bylaw in effect at the time of its erection;
C. Changes to the Sign are limited to normal maintenance; and
D. The Sign is not moved or materially altered.
iii.
When a Sign cannot be clearly categorized as any of the Signs defined in this Bylaw,
the Development Authority shall determine the Sign type and applicable standards.
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(p) Associated
Uses
In the table below:
means a Sign is Permitted
- means a Sign is Permitted and does not require an associated Use
- means a Sign is not Permitted
Sign, Banner
Sign, Canopy
Sign, Changeable
Message
Sign, Community
Identification
Sign, Electronic
Messaging
Sign, Fascia
Sign, Freestanding
Sign, Projecting or
Hanging Wall
Sign, Window
Residential
-
-
-
-
-
-
-
-
Lodging
-
-
-
-
Office
-
-
-
-
-
Retail &
Entertainment
-
-
Manufacturing
-
-
-
-
-
Institutional
-
-
-
Agriculture
-
-
-
-
-
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PART 3: LAND USE DISTRICTS
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74
3.4.14 Outdoor Lighting Standards
(a) All outdoor light fixtures shall be aimed downward and shielded in a manner that does not direct illumination on
to a street or adjacent Residential Use.
(b) All outdoor light fixtures shall not emit light upwards except where the light fixture is used for accent lighting.
(c) The provisions for Section 3.4.14 do not apply to roadways or Traffic Signs.
3.4.15 Sustainable Energy
(a) Sustainable Renewable Energy systems are encouraged and supported within the Town.
(b) Solar Energy Systems shall only be located on a Façade or roof of a Building and should be integrated with
the Building design and character.
(c) Wind Turbines shall not be allowed within the Traditional Neighbourhood District (TND).
3.4.16 Relocation, Demolition, or Removal of Buildings
(a) Demolition or removal of a Building is allowed in all Land Use Districts.
(b) A Demolition Permit shall be required, as per the Alberta Safety Codes Act, for the Demolition or removal of
any Building.
(c) In addition to a Demolition Permit, prior to the Demolition or removal of a Building, a Development Permit
must be approved by the Development Authority except when a Demolition or removal of a Building is a
result of a Development for which a Development Permit has already been approved and issued.
(d) Notwithstanding Subsection 3.4.16 (c), a Development Permit is not required for the Demolition or removal
of a Building that does not require a Development Permit as per Section 4.6.
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(e) Applications for a Development Permit for the Demolition or removal of a Building shall include:
i.
How the safety of the public and adjacent Buildings will be ensured;
ii.
How the Site will be cleaned and graded; and
iii. How any affected roads, sidewalks, boulevards, or utilities will be protected.
(f) A Development Permit is required when a Building is being relocated to a Site from elsewhere on the same
Site, or from another Site, and the relocated Building shall comply with the provisions of this Bylaw.
3.4.17 Historic Buildings
(a) A Development Permit application to demolish, remove, or alter a Building that is designated as a Provincial
Historic Resource shall be referred to Council for comment and shall have the written approval of the
Minister responsible for the Historic Resources Act.
(b) A Development Permit application to demolish, remove, or alter a Building that is designated as a Municipal
Historic Resource shall be reviewed by the Development Authority and shall comply with the provision of the
bylaw designating said Building.
3.4.18 Common Amenity Space Standards
(a) Common Amenity Space may be provided as indoor or outdoor common amenity space, or a combination
thereof.
(b) Common Amenity Space must be provided for all Residential Development with 8 or more units (not
including Additional Dwelling Units).
(c) Common Amenity Space must be accessible from all of the units
(d) Common Amenity Space must cover at least 10.0 percent of the Site area.
(e) Common Amenity Space must not be located in a required setback
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3.4.19 Recreational Vehicles
(a) No person shall be allowed to keep or maintain a Recreational Vehicle in a Frontage between October 30
and April 1.
(b) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes other than in
designated campgrounds.
(c) No Recreational Vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready
removal.
(d) No Recreational Vehicle shall be connected to any public utility except for required servicing.
3.4.20 Additional Standards
(a) The Development Authority may allow a Variance of any or all of the requirements of this Bylaw, through an
application, where at the discretion of the Development Authority, the Development would not unduly
interfere with the amenities of the neighbourhood, detract from the public realm, or materially interfere with or
affect the use, enjoyment, or value of the neighbouring Lots, and the Use proposed is allowed by this Bylaw.
(b) Any standard from this Bylaw may be applied to Development within this Land Use District at the discretion of
the Development Authority in order to ensure a high-quality level of design and / or future urban development
opportunities.
(c) When a Development cannot be clearly categorized in this Bylaw, the Development Authority shall
determine all applicable standards.
(d) All other Development proposals shall be at the Development Authority's discretion.
(e) All Development shall meet the requirements of the Alberta Safety Codes Act.
(f) All Development shall meet the Minimum Development Elevation requirements in Section 2.4. if required by
the Development Authority as per Section 2.4.3.
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(g) Notwithstanding any other provisions contained in this Bylaw, no vegetation, finished Lot grade, Building,
Structure or Fence shall exceed the general elevation of the Thoroughfare by more than 0.76 m within the
area defined as a Corner Visibility Triangle.
(h) Sites with incomplete Development must be maintained at all times in accordance with the standards of the
Town, including but not necessarily limited to the Good Neighbour Bylaw and the General Engineering and
Construction Specifications.
3.4.21 The Design, Character & Appearance of Buildings
(a) The size, location, design, character and appearance of any Building or Structure requiring a Development
Permit shall be acceptable to the Development Authority having due regard to:
i.
The policies and objectives contained within the Town's Statutory Plans;
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Lot
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
78
ii.
Any studies adopted as guidelines regarding Heritage Buildings and historic resources, vistas,
streetscapes, parking, mobility, public art, and open space;
iii. The character of existing Development in this Land Use District including, but not necessarily limited to,
facing materials, Building mass and architectural detailing;
iv. The character of existing Development in this Land Use District, as well as the effect on adjacent Land
Use District(s) and parcels, unless the Building or Structure, at the discretion of the Development
Authority, sets a higher standard of design, character and appearance for this Land Use District, or part
of it; and
v. Other factors such as daylight, sunlight, and privacy.
(b) The exterior finishing materials on the Façade of a proposed Development shall be those identified on the
approved plans for that Development.
(c) Once constructed, the Façade of the Building(s) shall be maintained to the standard shown on the Site Plan
and elevation drawings approved by the Development Authority.
(d) Additions to any Primary Building(s) and any Accessory Building(s) shall be constructed and finished with
materials compatible with the Primary Building(s).
(e) Where a proposed Development is part of a larger area, the whole of which may eventually be designed and
developed, and for which no overall Development plan has been prepared, the Development Authority may
require the submission of a Master Site Plan before dealing with the application.
3.4.22 Drainage Standards
(a) All roof drainage from a Structure or Building must be discharged onto the Lot on which the Structure or
Building is located. No roof drainage may create any negative impact on adjacent Sites. Should any damage
occur, the owner shall be responsible for all of the costs of all applicable damages as determined by a qualified
professional (e.g. insurance underwriter) based on the General Engineering and Construction Specifications as
applicable.
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3.4.23 Pageantry Features
(a) Pageantry Features may only be located within or abutting the Development that they relate to.
(b) Pageantry Features are limited to:
i.
promoting natural and manmade attributes and amenities of the Development;
ii.
providing the names of area builders;
iii.
providing directions within the Development;
iv.
indicating the general price range of housing products.
(c) Pageantry Features must not:
i.
be installed so as to obstruct or impede free and clear vision for motorists and pedestrians and in so
doing create a traffic hazard;
ii.
interfere with, or cause confusion with, any authorized sign, signal or traffic control device and in so
doing create a traffic hazard;
iii.
impede pedestrians from using the sidewalk system;
iv.
create any other safety issue under the regulations of the Town of High River Traffic Bylaw or the
Traffic Safety Act, RSA 2000; or
v.
cause any damage to any Town owned trees (through installation, placement or removal) or result in
any pruning to improve visibility of Pageantry Features.
(d) Pageantry Features may include the following types:
i.
Freestanding signs, provided the signs do not exceed 2.0 metres in height and 3.0 square metres in
sign area, and are securely inserted into the ground (skids, concrete blocks, and similar types of
footings will not be permitted);
ii.
flags and flag poles;
iii.
banners and banner poles; or
iv.
any other decorative feature where, in the opinion of the Development Authority, the feature is
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PART 3: LAND USE DISTRICTS
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80
consistent with the intent of these regulations.
(e) All Pageantry Features within a Development must be coordinated, cohesive and have a consistent theme.
(f) All Pageantry Features within a Development must be kept in good repair at all times.
(g) There is no limitation to the number of Pageantry Features that can be proposed and approved in a
Development under a single application. However, the Development Authority reserves the right to restrict
the number of Pageantry Features approved for a Development based on the suitability of the location and
design of the Pageantry Features.
(h) A Development Permit shall only be provided for up to a maximum of 5 years, at which time a new or
renewed Development Permit shall be required. Pageantry shall be removed within thirty days of the final Lot
or unit of the Development being sold by the developer.
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PART 3: LAND USE DISTRICTS
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81
3.5
NEIGHBOURHOOD CENTRE DISTRICT (NCD)
3.5.1
Intent
An area of focused community activity acting as a
social and economic centre of a neighbourhood
and usually defining the approximate centre of a
walkable service area. The built form is
characterized by Buildings located closer to the
street, enhanced public spaces with wide
sidewalks, and street trees. High quality pedestrian
connectivity to adjacent areas and the broader
community are essential.
(a) General
characteristics
i.
The overall mix of Uses for this Land Use District should strive for 50.0 percent
Residential and 50 percent business and retail services.
ii.
Residential forms should consist primarily of Building types with multiple Dwelling
Units.
iii. Business and retail services should meet the daily needs of neighbouring residents
within a 10 minute (800.0 metre) pedestrian network rather than a theoretical 5-minute
walking radius.
iv. Effective pedestrian networks and connectivity shall be provided both within this Land
Use District and to adjacent Land Use Districts.
v. Buildings should have a minimal setback and be located close to a Thoroughfare and
shall have a consistent sidewalk or pathway from the Building entrance(s) to the
pedestrian network.
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CENTRE DISTRICT
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
82
(b) Vision
The Neighbourhood Centre District (NCD) is intended to be a higher density mixed Use
area with a variety of business, retail, and employment opportunities supported by a
variety of residential typologies.
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3.5.2
Uses
The following Uses are grouped into Use
Categories to add clarity regarding the intent of the
form of Development. Definitions are in Section
5.1: Use Definitions.
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(a) Residential
Premises available for
long-term human
habitation by means of
ownership and rental, but
exclude short-term renting
of less than a month's
duration.
Dwelling Unit(s)
Additional Dwelling
Unit(s)
Temporary Dwelling Unit(s);
Temporary Additional
Dwelling Unit(s)
(b) Lodging
Premises available for
short-term human
habitation.
Bed & Breakfast,
Short Term Rental
Hotel / Motel
(c) Office
Premises available for the
transaction of general
business, but excluding
Retail & Entertainment
and Manufacturing.
Major Home
Occupation;
Professional Office
None
(d) Retail &
Entertainment
Premises available for the
commercial sale of
merchandise and prepared
foods, but excluding
Manufacturing.
Amusement Facility;
Café; Restaurant or
Drinking
Establishment; Retail
& Service, General
Adult Establishment;
Cannabis Store, ; Drive
Through Facility; Gas
Station; Liquor Store; Retail
& Service, Heavy; Vehicle
Washing
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Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(e) Manufacturing
Premises available for the
creation, assembly, and
repair of artefacts including
their retail sale except
when such activity creates
conditions that may be
objectionable to
neighbouring property
owners.
Light Industrial;
Outdoor Storage
(f) Institutional
Premises used by
organizations to support
the common good
including organizations
dedicated to religion, arts
and culture, education,
government, social
service, recreation, health,
and the like.
After Life Care; Arts
& Culture; Active
Recreation;
Education; Human
Services;
Government;
Passive Recreation
None
(g) Agriculture
Premises available for
growing of plants or raising
of livestock for the purpose
of food production.
Urban Agriculture
None
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Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(h) Other
Additional Uses that may
be considered in this Land
Use District.
Essential Public
Utilities; Signs in
association with an
approved Use on the
Site, or unless
otherwise specified in
Section 3.5.13.
Pageantry Features
in association with an
approved
Development;
Temporary Shipping
Containers
Excavation, stripping and
grading; fencing, landscaping,
or other similar Structures
Shipping Containers
3.5.3
Specific Use Standards
Use
Standard
(a) Accessory
Building
No Accessory Building shall be used as a Dwelling Unit unless the Building meets
the requirements of the Alberta Safety Codes Act.
(b) Accessory Use
Are Permitted or Discretionary in accordance with the Primary Use(s).
(c) Adult
Establishment
i.
An Adult Establishment shall not display obscene or indecent images,
materials or products in any form or format that are visible from the exterior of
the Building or through windows.
ii.
The Development Authority may determine criteria to limit where and how an
Adult Establishment may be located.
(d) Café
i.
A maximum of 20 patrons is allowed.
ii.
A Café may serve alcoholic beverages for consumption on the premises at the
discretion of the Development Authority, in accordance with the Alberta
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PART 3: LAND USE DISTRICTS
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Use
Standard
Gaming,Liquor & Cannabis Commission.
(e) Cannabis Store
i.
At the time of Development Permit application, a Cannabis Store Bay shall
not be located closer than 100.0 metres to any of the following, as measured
from the closest point of the Cannabis Store Bay to the closest point of the Site
boundary of:
A. A School;
B. School reserve or municipal and school reserve (as defined by the Municipal
Government Act);
C. A Public Park.
ii.
Where a proposed Cannabis Store Bay is within a 150.0 metre radial distance
of an existing Cannabis Store Bay with valid approval, as measured from the
closest point of the proposed Cannabis Store Bay to the closest point of the
existing Cannabis Store Bay, any cumulative impacts of the facilities on
existing Development within the area must be considered by the Development
Authority.
(f) Discretionary
Use
Shall only be allowed if there is no detrimental effect on the hydrological system or
water quality.
(g) Gas Station
Should locate pumps to the side or rear of the Building, increase the front Setback,
or provide additional landscaping in the Private Frontage to better integrate the Gas
Station with the Public Realm.
(h) Heavy
Industrial
Showrooms or ancillary sales are not allowed.
(i) Light Industrial
Storage shall be within the Building or entirely screened
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Use
Standard
(j) Liquor Store
i.
At the time of Development Permit application, a Liquor Store Bay shall not be
located closer than 100.0 metres to a School or Public Park, as measured from
the closest point of the Liquor Store Bay to the Site boundary of the School or
Public Park..
ii.
Where a proposed Liquor Store Bay is within a 150.0 metre radial distance of
an existing Liquor Store Bay, as measured from the closest point of the
proposed Liquor Store Bay to the closest point of the existing Liquor Store
Bay, any cumulative impacts of the facilities on existing Development within the
area must be considered by the Development Authority.
(k) Major Home
Occupation
i.
Outdoor Storage is prohibited.
ii.
Deliveries of pick-ups in connection with the Use are limited to parcel and small
freight carriers.
iii. Signs shall be limited to one window Sign, shall not be illuminated, and shall not
exceed 0.2 square metres in area.
iv. Vehicle and equipment service or repair are not allowed.
v.
If a Major Home Occupation Development Permit holder relocates within the
Municipality, a new Development Permit is required for a new Major Home
Occupation at the new location.
vi. No nuisances by way of noise, vibration, smoke, dust, fumes, odours, heat, light,
electrical or radio disturbance, detectable beyond the property boundary shall be
produced by the Major Home Occupation.
vii. Commercial Vehicles used for a Major Home Occupation shall be parked on-
site and shall not be located within a Frontage if weight exceeds 4,000.0 kg.
viii. A Development Permit for a Major Home Occupation may be revoked if, at
the discretion of the Development Authority, the operator of the Major Home
Occupation has violated any provisions of this Bylaw and / or the conditions of
the Development Permit.
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PART 3: LAND USE DISTRICTS
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Use
Standard
(l) Outdoor
Storage
i.
Shall not be allowed in a Frontage and shall be screened from any
Thoroughfare by means of a solid wall, fencing, landscaping, berming or
combination thereof, to the satisfaction of the Development Authority.
ii.
Shall be kept in a clean and orderly condition at all times.
(m) Restaurant
Shall not install ventilation systems that terminate on the roof of a Building unless
the Applicant can prove that no other feasible alternative is available. To the
maximum extent feasible, ventilation systems shall be directed away from adjacent
Residential properties.
(n) Short Term
Rental
i.
Short Term Rental host must obtain a business license.
ii.
A host cannot allow more than two adults, not including minors, per room. As the
definition of short term rental in the bylaw is 14 days or less, longer term stays
are not covered in the bylaw.
(o) Vehicle
Washing
Shall be limited to the washing of vehicles with a gross vehicle weight of 4,000.0
kilograms or less.
(p) Prohibited Uses
i.
The storage of any Temporary Dwelling Unit;
iii.
The storage of waste and salvage materials including derelict vehicles;
iv.
The storage of goods, products, or materials in any Frontage; and
v.
Gaming Establishments
(q) Development
not requiring a
Development
Permit
A Development Permit is not required in respect of the following Developments
provided they are in compliance with the standards outlined in this Land Use District
and all other provisions of this Bylaw:
i.
Work of maintenance, repair or Alteration, on a Structure, both internal and
external, if at the discretion of the Development Authority, such work:
A. Does not result in an increase in the number of Dwelling Units within
the Building or on the Site;
B. Does not increase the floor area by more than 25.0 percent of the
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PART 3: LAND USE DISTRICTS
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Use
Standard
original Residential Structure or Building;
C. Does not change the Use or intensity of the Use of the Structure or
Building; and
D. Is performed in accordance with obligatory legislation or other
government regulations.
ii.
The completion of a Building which was lawfully under construction at the
date this Bylaw comes into effect;
iii.
The use of any Building referred to in Subsection 4.6 for the purpose for
which construction was commenced;
iv.
The use of a Building, other than a Non-Conforming Use or Non-
Conforming Building, that has been vacant for less than 6 months for a
purpose that is, at the discretion of the Development Authority, the same or
similar to the previous Use;
v.
The Change of Use of a Building or Structure, other than a Non-
Conforming Use or Non-Conforming Building provided that:
A. The requirements of the Development Permit for the existing Building
have been fulfilled; and
B. The Change of Use is from a Permitted or Discretionary Use to a
Permitted Use in this Land Use District.
vi.
The erection, construction, or maintenance of gates, Fences, walls, or other
means of enclosure which meet the standards in this Land Use District;
vii.
The construction and maintenance of Essential Public Utilities;
viii.
The erection of an Accessory Building in association with an approved
Permitted Use when it complies with the standards of this Bylaw;
ix.
The use of a Building or part thereof as a temporary polling station for a
federal, provincial, or municipal election, referendum, or plebiscite;
x.
Signs not requiring a Development Permit as set out in this Land Use District;
xi.
The construction, maintenance, and repair of private walkways, private
pathways, private driveways, private features, and landscaping details that do
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90
Use
Standard
not involve retaining walls greater than 0.6 metres in height, and are in
compliance with this Land Use District;
xii.
An outdoor in-ground or above-ground private swimming pool provided:
A. Not located in a Frontage;
B. Having a total area not exceeding 15.0 percent of the Lot area; and
C. That does not have any part of the above Grade component, including
a Deck, walkway, supporting member, heater, or mechanical
equipment, located within 1.2 metres of any Side Lot Line or Rear Lot
Line.
xiii. Excavation of land and stripping of soil provided:
A. That the area concerned is less than 1,000 square metres;
B. That the stripping or Excavation is part of a Development for which a
Development Permit has been issued; or
C. That the Applicant has signed a Development Agreement with the
Town for the area concerned.
xiv.
Street performers or other vendors having a Business License and written
permission from the landowner and are not located fronting on Centre Street S,
5th Street SE or 12th Avenue SE;
xv.
Communication Structures that comply with the Federal Radiocommunication
Act;
xvi.
Sustainable Renewable Energy systems and Structures providing they are
in compliance with the provisions of this Bylaw and any other obligatory
legislation or government regulations;
xvii.
Minor Home Occupation(s);
xviii.
Mural(s);
xix.
Day Home(s); and
xx.
Patio(s).
xxi.
Erection of flagpoles not exceeding 6.0 metres in height for the purpose of
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91
Use
Standard
flying a Flag but not a Sign.
(r) Temporary
Developments
i.
Temporary Uses, Buildings, or Structures may be permitted in all Districts at
the discretion of the Development Authority, provided that Temporary
Buildings or Structures are not placed on permanent foundations and provided
that the Use, Building or Structure is listed as a Permitted or Discretionary
Use in the relevant land use district.
ii.
A Development Permit shall only be provided for up to a maximum of 5 years,
at which time a new or renewed Development Permit shall be required.
iii.
Temporary Buildings or Structures must have the appearance and aesthetic
of the Buildings or Structures allowed in the Land Use District at the
discretion of the Development Authority.
(s) Temporary
Shipping
Containers
Temporary Shipping Containers may be used for the storage of equipment and
materials during the construction period at the construction site subject to the
following:
i.
The Site must have an approved and active Building Permit.
ii.
The Shipping Container must be placed wholly within the subject Site.
iii.
The Shipping Container shall be removed from the Site no later than seven
(7) calendar days after completion of the Building Permit.
iv.
If construction ceases for a period of thirty (30) days, the Shipping
Container shall be removed from the Site no later than seven (7) days after
notice to remove is issued by the Town.
(t) Permanent
Shipping
Containers
Permanent Shipping Containers may be allowed, however, they must have the
appearance and aesthetic of the Buildings or Structures allowed in the Land Use
District or be completely hidden from view of the Public Realm at the discretion of
the Development Authority.
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PART 3: LAND USE DISTRICTS
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Use
Standard
(u) Additional
Standards
i.
No Use or operation shall cause or create any conditions which may be
offensive or objectionable beyond the Lot Lines by virtue of noise, odour,
vibrations, heat, or light, at the discretion of the Development Authority.
ii.
Single Use Buildings are strongly discouraged.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
93
3.5.4
Block Configuration & Subdivision Standards
Element
Standard
(a) Block Length
90.0 metres - 120.0 metres.
(b) Block
Perimeter
310.0 metres - 480.0 metres.
(c) Block
Configuration
Rear Lanes are required for all new or reconfigured Blocks. In all cases, Blocks with
existing Lane Access shall retain such Access.
(d) Block
Connectivity
All vehicular Rights-of-Way shall terminate at other vehicular Rights-of-Way to form a
network.
(e) Pedestrian
Connectivity
A mid-Block Passage, dedicated as a Right-of-Way or reserved with a permanent Access
easement, may be required where a Block Face is longer than 120.0 metres. If required,
the mid-Block Passage shall be generally located in the middle third of the Block Face
and shall be designed to ensure pedestrian safety and comfort.
(f) Future Block
Connectivity
Where adjoining areas are not developed, vehicular Rights-of-Way in new Subdivisions
must be extended to the project boundary to provide for future vehicular Rights-of-Way.
Such Rights-of-Way shall be provided at intervals no greater than the maximum Block
Length for the Land Use District.
(g) Additional Lot
and
Subdivision
Standards
i.
Subdivision shall not be allowed where the result creates a through Lot, a
landlocked Lot, or additional Lots with no rear Lane Access.
ii.
Subdivision within a Block should be varied to allow for a variety of Lot sizes.
iii.
Block standards in Subsections 3.5.5 (a) through (f) may be varied to conform to
natural features, transportation Rights-of-Way, parks or open space, or other
similar Site constraints.
iv.
In the event of Subdivision by condominium, Development shall be treated as a
multi-unit complex where the required Development Setback for the Front, Rear,
and Side yards shall be the same as specified in the appropriate land use district.
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PART 3: LAND USE DISTRICTS
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94
3.5.5
Setbacks for Primary Buildings
Setback Element
Standard
(a) Front Setback
0 metres - 3.0 metres.
(b) Secondary Front
Setback
0 metres - 4.0 metres.
(c) Side Setback
Minimum 1.0 metre.
(d) Rear Setback
Minimum 0.5 metres.
(e) Additional
Standards for
Primary
Buildings
i.
Access shall be provided as deemed appropriate by the Development Authority in
consultation with the Fire Department.
ii.
The following features may project into the Setbacks:
A. Unenclosed steps and wheelchair ramps;
B. Signs;
C. Fences or masonry walls;
D. Driveways, off-street parking, and pathways;
E. An unenclosed Deck, Porch, or other similar Structure below 0.6 metres in
height;
F. An unenclosed Deck, Porch, or other similar Structure above 0.6 metres in
height may project 50 percent in a front or rear Setback; and / or
G. Balconies, Eaves, chimneys, cantilevers, bay windows, or other similar
Architectural Features may project up to 50.0 percent into the side Setback
or 50.0 percent of a front Setback and cover no more than 50.0 percent of the
Building Façade.
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Secondary Frontage
-
~~~~~ ~ ~ ~~ ~~~~ ~~~~ ~~~ ~ I'=---,>-"'"'-']
Front Setback
Rear I
front Setback
_ _ _ j
Side Setback
Lot Line
Setback!
Rear
Setback
I
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
95
H. Projections not specifically outlined in section 3.5.5 (e) II. A. through G. may be
permitted at the discretion of the Development Authority.
I. Notwithstanding Subsection 3.5.6 (a), attached parking Structures with Frontage
on a Primary Thoroughfare shall not project more than 1.0 metre in front of the
Façade facing the same Primary Thoroughfare.
3.5.6
Setbacks for Accessory Buildings
Setback Element
Standard
(a) Front Setback
Setback in 3.5.5 (a) plus 1.0
metre.
(b) Secondary Front
Setback
0 metres - 4 metres.
(c) Side Setback
Minimum 1.0 metre.
(d) Rear Setback
Minimum 0.5 metres.
(e) Additional
Standards for
Accessory
Buildings
i. Access shall be provided for emergency personnel as required.
ii. Where an Accessory Building is attached to the Primary Building by a roof or an
open or enclosed Structure, it is considered to be a part of the Primary Building and
shall comply with all requirements applicable to the Primary Building.
iii. Where an Accessory Building or Structure is built on a foundation or is otherwise
unmovable, the building or structure must adhere to the setback standards in Section
3.5.6 regardless of size.
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Second ary Frontage
'I
!secondary Front Setback
!Primary Building
,Setbacks
"
I I Front Setback hnt
I
I
1, I Front Setback '' 1 m'
I
,
Accessory Building➔._ _____
..,.. _________ _.
l-5filQ&_.__ ~~
--~ -~~t Side Setback ~
~-~~~
Lot Line
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
96
3.5.7
Lot Coverage Standards
Coverage Element
Standard
(a) Lot Coverage
(All Buildings)
Maximum 80.0 percent.
(b) Lot Coverage
(Accessory
Buildings)
Maximum 20.0 percent.
3.5.8
Building Height Standards
Height Element
Standard
(a) Primary
Building
Height
2 - 5 Storeys.
"N" stands for any Storeys above those shown, up
to the maximum
(b) Accessory
Building
Height
1 - 2 Storeys.
(c) Height
Calculations
i.
The first Storey of a Building or Structure is measured from the finished Ground
Floor level to the surface of the second floor in the case of a one-storey Building or
Structure. Each upper Storey is measured from the surface of the floor to the surface
of the floor above it, or if there is no floor above, from the surface of the floor to the
Eave of the roof.
ii.
When a Lot slopes downward from the Front Lot Line an additional Storey is
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PART 3: LAND USE DISTRICTS
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97
Height Element
Standard
allowed in addition to the maximum number allowed, and only on the lower rear
portion of the Lot.
iii. Storeys shall not exceed 4.5 metres in height from finished Ground Floor to finished
ceiling, except for a Ground Floor Building in the Lodging, Professional Office, or
Retail & Entertainment Use Categories, which shall be between 3.5 metres and 7.5
metres in height. Any Storey that exceeds this height shall be counted as 2 Storeys.
iv. Mezzanines extending beyond 33 percent of the floor area shall be counted as an
additional Storey.
v. In a parking garage or Structure, each above-ground level counts as a single Storey
regardless of its relationship to habitable Storeys.
(d) Additional
Building
Height
Standards
i.
Floors above the second Storey shall be stepped back for the Primary Frontage
or Secondary Frontage for a minimum horizontal distance of 2.5 metres.
ii.
A ground level Residential or Lodging use with a front Setback of less than 2.0
metres shall be designed in a manner which eliminates privacy concerns.
iii.
Building Height Standards may be varied for Buildings in the 1st Street
Precinct, or for Institutional Uses.
iv.
Accessory Buildings with 2 or more Storeys shall be designed to reduce
privacy concerns for adjacent Residential Uses.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
98
3.5.9
Frontage Standards
Frontage Element
Standard
(a) General
Frontage
Standards
i.
The Public Frontage and Private Frontage shall form a seamless space from the
Curb to the Building and shall consist of separate zones with a focus on key elements
of the Public Realm. Small decorative Fences may divide the Public Frontage and
Private Frontage to differentiate between public and privately owned lands, as long as
the perception of a seamless space is maintained.
ii.
Public spaces shall be clear legible public Access and be designed to allow for a variety
of public Uses.
iii. Improvements to the Public Frontage shall be required for all greenfield and
redevelopment scenarios.
PRNATELOT
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u.J
z
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9
PUBllC
FRONTAGE
VEHICULAR LANES
THOROUGHFARE (RO.W.)
PUBLIC
FRONTAGE
u.J
z
::J
PRIVATE
FRONTAGE
PRNATELOT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
99
Definitions:
Thoroughfare means a Right-of-Way, typically publicly owned, serving primarily pedestrian and vehicular
travel, providing Access to abutting properties, and which may also be used to provide space for
bicycle facilities, Stormwater Management, Shade Trees and / or utilities. Lanes are not considered
Thoroughfares. A Thoroughfare does not have to accommodate vehicular travel.
(a)
Primary Thoroughfare means the Thoroughfare clearly associated with the front Façade of
Primary Buildings along a Block Face. Where a Corner Lot abuts more than two
Thoroughfares, the Development Authority may determine that all Thoroughfares, except
for one, are a Primary Thoroughfare, if such a determination is in the interest of protecting the
quality of the Public Realm.
(b)
Secondary Thoroughfare means a Thoroughfare that is not a Primary Thoroughfare, and is
clearly associated with the corner side Façades of Buildings.
Frontage means the area of a Lot between a Building Façade and a Curb inclusive of its built and
landscape components. Frontage is divided into Public Frontage and Private Frontage.
(a)
Private Frontage means the area between the Building Façades and the Lot Lines, and
applies to the Primary Frontage and secondary Frontage.
(b)
Public Frontage means the area within a Thoroughfare between the Curb and the Front Lot
Line, and applies to the primary Frontage and secondary Frontage.
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.... ...,....,....,....,. __ .._ __
sec
_ o_n_d_a.,ry_Fr.o.n.tag
.... e ______ _, Frontage
I
Public
,-....-.---,_,.,,,,.,.,,,.,,,..,,..,,,,,,,,.,...,"""""'"""""'"""""",,,..,...,,......,,.....,,, Private
, front Setback
' f r---------
r
Front Setback'
l.atllne ------------
~~f
..---------,. ~
l Side Setback
Public \='~P:riv:a:te~=,"------;l'::o~t l~in~e:----------
Frontage
Frontage
Frontage
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
100
Frontage Element
Description
Standard
(b) Boulevard
The space between the Curb
and the Property Line in the
Public Frontage.
i.
Minimum 1.8 metres, except where existing
Rights-of-Way conditions require a minor
reduction in order to accommodate a sidewalk,
as per Subsection 3.5.10 (c) and / or
landscaping as per Subsection 3.5.10 (d).
ii.
Appropriate uses in the boulevard include public
furniture, transit stops, and street trees.
(c) Sidewalks
The space for pedestrian
circulation in the Public
Frontage.
i.
2.0 metres - 4.0 metres wide, except where
existing Rights-of-Way conditions require a
minor reduction in order to accommodate a
Boulevard with street trees, as per Subsection
3.5.10 (b) and Subsection 3.5.10 (d).
ii.
Sidewalks shall be adequately illuminated to
ensure a high level of pedestrian safety and
comfort.
iii.
Sidewalks within the Public Frontage shall be
dedicated for pedestrian travel only. Sidewalks
within the Private Frontage may be utilized for
patio seating, non-permanent Signs, or
landscaping.
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✓LANDSCAPING
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
101
Frontage Element
Description
Standard
(d) Landscaping
The type and placement of
landscaping elements in the
Public Frontage.
Landscaping should consist primarily of Shade Trees
and may be grouped together, but shall not hinder
pedestrian movement or connectivity. The number of
trees required for the Public Frontage shall be
consistent with Subsection 3.5.11 (d).
(e) Frontage Build-
Out
The percentage of the Lot
Line that is occupied by
Building Façade as
measured from the Front
Setback.
Minimum 70.0 percent.
(f) Transparency
The area of the Façade
composed of windows either
within the wall or within doors
and doors, typically measured
as a percentage.
i. Minimum 50.0 percent on the ground floor for all
Professional Office, and Retail & Entertainment
Use Categories.
ii. Minimum 30.0 percent for all other Use Categories.
iii. Minimum 30.0 percent for all upper floors.
(g) Blank Wall
Length
The maximum length of a
Façade without any
Transparency or
Architectural Features.
Maximum 4.0 metres including parking Structures.
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Secondary Frontage
Lot line
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
102
Frontage Element
Description
Standard
(h) Primary
Entrance
The main point of Access
for pedestrians to a Building
shall be considered the
Public Entrance for all non-
residential Uses, and
residential Uses that
Access more than 4
Dwelling Units.
i. Every Building shall have at least one Primary
entrance.
ii. The Primary Entrance shall be oriented to the
Primary Frontage unless the Building is on a
Corner Lot where the Primary entrance may be
oriented to the Secondary Thoroughfare.
iii. The Primary Entrance for all non-residential and
residential Buildings with more than 2 Dwelling
Units (not including Additional Dwelling Units)
where some or all of the units share an entrance shall
be clearly visible to create identity and a sense of
arrival, be universally accessible, provide weather
protection, and be identifiable to pedestrians, through
the use of Architectural Features, to the satisfaction
of the Development Authority.
(i) Additional
Entrance(s)
All other points of public
Access for pedestrians to a
Building, not including
service Access.
i. Every entrance shall be visible and identifiable to
pedestrians similar to the Primary Entrance.
ii. Additional entrance(s) shall be provided at important
pedestrian connectivity locations, to the satisfaction of
the Development Authority.
(j) Additional
Frontage
Standards
i.
Corner Lots shall have a Primary Frontage and a Secondary Frontage.
ii.
Consistent high quality design shall be evident in the Development on all areas of a
property, with particular attention to Frontages.
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3.4.10 Parking, Loading & Access Standards
Element
Standard
(a) General Parking,
Loading &
Access
Standards
i.
Developments should be designed to ensure Access and parking Structures do not
visually dominate the Public Realm or create obstructions to the pedestrian network.
ii.
All Grade-level parking areas adjacent to a Frontage shall be set back a minimum of
3.0 metres and screened from view of the Frontage by landscaping.
iii. Parking lots shall incorporate pedestrian-focused infrastructure to ensure safe and
comfortable pedestrian Access to Building entrances.
iv. Parking lots should incorporate landscaping elements that enhance the pedestrian
experience, provide shade to reduce heat islands, and reduce Stormwater run-off.
v. Parking areas and / or parking Structures shall integrate pedestrian connectivity with
nearby Buildings and / or Lots to support the local pedestrian network.
vi. Curb cuts should be eliminated where possible, or reduced if alternative Access is not
possible.
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104
Parking Element
Description
Standard
(b) Bicycle Parking
and Bicycle
Storage
The provision and location of
bicycle parking and bicycle
storage.
i. Bicycle parking shall be provided for all Development
at the discretion of the Development Authority
except residential Buildings with 4 Dwelling Units or
less.
ii. Bicycle parking Structures shall be located close to a
Primary entrance, but shall not impede pedestrian
circulation or Access to a Building.
iii. Bicycle parking Structures shall be highly visible and
shall include a permanent rack or hook-up system.
iv. Covered bicycle storage or similar consideration shall
be provided for all Residential Development with 5
Dwelling Units or more. Individual parking
Structures and Accessory Buildings may be
considered as bicycle storage
v. Creative integration with Building and Site design is
encouraged.
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PART 3: LAND USE DISTRICTS
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105
Parking Element
Description
Standard
(c) Vehicle Parking
The provision and location
of vehicular parking.
i. No minimum number of parking stalls shall be
required for any Development; rather each
Development shall consider the appropriate number
of parking stalls required to support the proposed
Development.
ii. Where vehicle parking is provided parking areas,
stalls, and Access shall meet the design
requirements of this Bylaw and shall be consistent
with the Town's Municipal Engineering Standards.
iii. Off-site vehicle parking (i.e. street parking) may be
considered as a portion of the parking strategy for a
given Development, at the discretion of the
Development Authority.
iv. Parking areas and / or parking Structures shall be
located to the side or rear of a Building, or
underground, wherever possible.
v. Parking areas, including any parking Structures, shall
not exceed 50.0 percent of a Site.
vi. Surface parking areas and / or parking Structures
shall not be allowed unless associated with a
Development.
(d) Accessible
Vehicle Parking
The number and location
of vehicle parking stalls
dedicated for handicap
placard or licensed
vehicles.
For all parking areas and / or parking Structures with 11
or more vehicle stalls, accessible parking shall be
provided in a location with the easiest pedestrian Access
to the Primary entrance and shall be provided in
accordance with the Barrier Free Design Guide as per the
National Building Code
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106
Parking Element
Description
Standard
(e) Vehicle Access
A vehicular lane or
driveway within a Lot, or
shared between 2 or more
Lots, providing Access to
a garage or other parking
area and / or Structure.
i. Parking shall be accessed by rear Lanes wherever
possible. Where no rear Lane exists, Vehicle Access
should be located on the Secondary Frontage.
Where Access on a Secondary Frontage is not
possible, Access may be located on the Primary
Frontage.
ii. For all Uses except for Institutional Uses, Vehicle
Access to parking areas and / or parking Structures
shall be no wider than 3.0 metres in any Frontage.
Institutional Uses may have a Vehicle Access to
parking areas and / or parking Structures no wider
than 6.0 metres in any Frontage.
iii. The number of Vehicle Access points to a Lot shall
be limited to 1.
iv. Joint Vehicle Access between 2 or more adjacent
Lots may be considered to provide more efficient
Vehicle Access arrangements, to reduce Curb cuts,
and / or to reduce any negative impact on the Public
Realm.
(f) Additional
Parking,
Loading &
Access
Standards
i.
Vacant land or Buildings shall not be used for parking.
ii.
Permeable paving materials are encouraged in order to increase
on-site Stormwater Infiltration.
iii.
Bicycle Stair Channels are encouraged where more than 3
stairs are part of the exterior circulation of a Development.
iv.
Parking is not allowed within rear Lane Rights-of-Way.
v.
All parking areas shall illustrate, to the satisfaction of the
Development Authority, how pedestrian circulation and
connectivity meets the intent of the Land Use District and the
Guiding Principles Bylaw.
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107
3.5.11 Landscaping Standards
Element
Standard
(a) General
Landscaping
Standards
i.
Developments should preserve and enhance the urban forest.
ii.
Landscaping should be integrated into a Development to enhance the pedestrian
experience and improve the Public Realm.
iii. Developments should ensure appropriate conditions for mature tree growth.
iv. The spacing and placement of plants shall be adequate and appropriate for the typical
size, shape, and habitat of the given plant species at maturity.
Landscaping
Element
Description
Standard
(b) Landscaped
Area
The area where
landscaping is primarily
located.
The Landscaped Area for all other Development
other than 2 Dwelling Units or less (not including
Additional Dwelling Units) shall be 40.0 percent of
the total Lot Area for Residential Uses and 15.0
percent of the total Lot Area for all other Uses
(c) Tree Size
The size of a tree at the
time of planting.
Minimum height of 2.0 metres and / or 50.0
millimetres in Caliper.
(d) Shrub Size
The size of a shrub at the
time of planting.
Minimum of a #2 container and / or a minimum
height of 19.0 to 23.0 centimetres, as per the
Canadian Nursery Landscape Association
standards
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(e) Number of
Trees
The minimum number of
trees required for both on-
site (re)development and
for Frontage(s).
i.
Residential Development with 2 Dwelling
Units or less (not including Additional Dwelling
Units) shall provide a minimum of 1 tree per unit.
ii.
All other Development shall provide a minimum
of 1 tree per 35.0 square metres of Landscaped
Area.
iii.
In greenfield areas, the minimum number of
street trees located in the Public Frontage is 1
tree for every 7.0 metres of Frontage as
measured at the Lot Line and shall be
consistent with Section 3.5.10.
iv.
In addition to the minimum number of trees
required for on-site Development in established
areas, additional trees may be required by the
Development Authority in the Public
Frontage(s) if local conditions deem it
appropriate.
(f) Number of
Shrubs
The minimum number of
shrubs required for on-site
(re)development.
i.
Residential Development with 2 Dwelling
Units or less shall provide a minimum of 2
shrubs per unit.
ii.
All other Development shall provide a minimum
of 1 Shrub per 25.0 square metres of
Landscaped Area.
(g) Soil
Requirements
The amount of high quality
soil and growing material
required to support mature
plant growth.
Minimum 30.0 centimetres for all planting areas.
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109
(h) Tree
Clearance
The vertical distance
between the existing or
potential tree canopy
overhanging sidewalks,
driveways, paths,
Lanes, parking spaces,
streets, or other public
spaces shall be of a type
that, at maturity or with
minor pruning at
installation, provide a
clear height for use of a
given space.
i. Minimum 2.5 metres for sidewalks;
ii. 3.8 metres for driveways, parking spaces and streets;
and
iii. 4.6 metres for Loading areas.
(i) Tree
Preservation
Preservation of on-site
and off-site trees is
encouraged and may be
used to fulfil the
landscaping
requirements as per
Subsection 3.5.9 (d)
(See Town's current
Tree Protection Bylaw
Mature, healthy, and non-invasive trees shall not be
removed except for essential construction activities.
(j) Additional
Landscaping
Standards
Hard landscaping and / or xeriscaping may be substituted for soft landscaping, at the
discretion of the Development Authority.
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110
3.5.12 Buffers, Screening & Fencing
Element
Description
Standard
(a) Buffers &
Screening
The use of landscaping or
similar elements for Permitted
or Discretionary Uses to offset
the visual impact of some forms
of Development from the
Public Realm and / or
incompatible adjacent Uses.
i.
Minimum landscaping requirements in Section
3.5.11 may be placed so as to act as a buffer
or screen.
ii.
Preservation of existing vegetation that could
act as a buffer is strongly encouraged.
iii.
Additional landscaping may be considered in
order to maintain or enhance the Public
Realm, at the discretion of the Development
Authority.
(b) Fencing
The use and location of fencing,
including masonry walls as
buffers or transitions.
i.
Fencing may be used as a decorative
transition from one Use to another, as a
screening device, or for security purposes.
ii.
Fences within the Primary Frontage shall be
a maximum height of 1.2 metres.
iii.
All other Fences shall be a maximum height of
1.8 metres.
iv.
Security fencing shall only be considered for
safety, at the discretion of the Development
Authority. and shall not contain barbed wire.
v.
Fences containing barbed wire are not
permitted except for where the is required in
conjunction with Agricultural Uses at the
Development Authority's discretion.
vi.
Fences/screening devices must be designed
and erected in a manner that does not pose
safety issues to wildlife or the general public.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
111
Element
Description
Standard
(c) Garbage
Facilities
The treatment of garbage
facilities.
All garbage facilities shall be visually screened from
public view, to the satisfaction of the Development
Authority.
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7.5 m
Sidewalk
Secondary Frontage
Building
Building
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
112
3.5.13 Sign Standards
Sign Element
Standard
(a) General Sign
Standards
i.
Signs should be appropriate and integrated with the Building design and character of the
neighbourhood.
ii.
Signs shall be primarily oriented toward pedestrians in both scale and location. Signs
oriented towards vehicles are considered secondary.
iii. Signs shall not obstruct pedestrian or vehicular visibility or circulation.
iv. Signs shall not project above the roofline of a Building.
v. The message on the Sign shall relate to the Use of the Site(s) on which it is located.
vi. Signs shall not exceed 20.0 percent of the Building Façade to which it is attached.
vii. Sign illumination shall be from the top of the Sign and oriented downward and shall be
designed to have no direct light emitted above the top of the Sign and / or the Signs support
Structure, unless, in the opinion of the Development Authority, the design is enhanced by
the addition of light for aesthetic purposes..
viii. The vertical clearance from the bottom of a Sign to Grade for a public space shall be:
A. Minimum 2.5 metres for sidewalks;
B. 3.8 metres for driveways, parking
spaces and streets; and
C. 4.6 metres for Loading areas.
ix. Signs shall at all times be maintained In a proper and safe state of repair and shall not be
permitted to become dilapitaed or unsightly.
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Sign Element
Standard
(b) Sign, Banner
i.
Shall be limited to 1 banner per business.
ii.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
iii.
Materials shall be weather resistant and minimize glare
iv.
Shall only be approved on a Temporary basis.
(c) Sign, Canopy
i.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
ii.
May project into the Public Frontage up to 1.5 metres as long as it maintains a Setback
of at least 0.6 metres from the Curb.
iii.
Shall not be allowed in addition to a Sign, Fascia on the same business Façade.
(d) Sign,
Changeable
Message
i.
Shall only be allowed as part of a Sign, Freestanding or Sign, Fascia.
(e) Sign,
Community
Identification
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
1.5 metres from Grade.
ii.
Shall be self-supported and shall be permanent and stationary.
(f) Sign, Electronic
Messaging
i.
May be approved on its own, or as part of a Sign, Freestanding.
ii.
Shall be located in such a manner as to minimize any impacts into any adjacent
Residential Uses.
iii.
Digital display content must not include full motion video, animation, or flashing images.
In the case of an electronic message board, the text may scroll or switch messages at
a pace deemed acceptable to the Development Authority.
iv.
If any component of the digital display fails or malfunctions, the permit holder must
ensure that the digital display is turned off until all components are fixed and are
operating in compliance.
v.
Digital display(s) must not exceed the following illumination levels:
C. A maximum of 7,5000 Nits from sunrise to sunset;
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Sign Element
Standard
D. A maximum of 500 Nits from sunset to sunrise;
vi.
The light levels around the electronic display must not at any time exceed the ambient
light level by more than 5.0 LUX.
vii.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
4 metres from Grade.
viii.
Shall incorporate landscaping where required by the Development Authority.
ix.
This category of Sign may include, but is not necessarily limited to digital signs,
electronic message boards, Gas Station price boards, Drive-Thru menus, and
time/temperature displays. There is no limitation to the number Signs, Electronic
Messaging that can be proposed and approved in a Development under a single
application. However, the Development Authority reserves the right to restrict the
number of Signs, Electronic Messaging approved for a Development based on the
suitability of the location and design of the Signs, Electronic Messaging
(g) Sign, Fascia
i.
Shall not cover more than 20.0 percent of the first Storey Façade for a business.
ii.
The top of a Sign, Fascia shall have a maximum height of 4.5 metres from Grade and
shall not extend above the base of a window on any upper Storey.
iii. May project into the Public Frontage up to 0.4 metres.
iv. Shall not be allowed in addition to a Sign, Canopy on the same business Façade.
(h) Sign, Flag
i.
May have a maximum sign area of 2.0 square metres and have a maximum height of 4
metres from Grade.
ii. A maximum of one Sign is allowed per Frontage.
iii. Must not be located on a Roof of a Building.
iv. Must be secured to a flagpole which is secured into the ground. Portable Signs, Flag
shall not be permitted.
v. Shall incorporate landscaping where required by the Development Authority
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Sign Element
Standard
(i) Sign,
Freestanding
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of
4.0 metres from Grade.
ii.
A maximum of one Sign is allowed per Site.
iii. Shall incorporate landscaping where required by the Development Authority
(j) Sign,
Projecting or
Hanging
i.
Shall have a maximum Sign area of 1 square metre.
ii.
May project into the Public Frontage up to 1.0 metre as long as it does not project
closer than 0.6 metres to the Curb and shall not extend past a Sign, Canopy on the
same Façade.
iii.
A maximum of one Sign is allowed per business Façade.
iv.
Shall be located a minimum of 3.0 metres from each other.
(k) Sign,
Sponsorship
i.
Signs located on Fences shall not cover more than 50.0 percent of the Fence facing
the Public Realm and shall not obstruct sight lines, gates or access points to the
satisfaction of the Development Authority.
ii.
Signs shall not protrude past the side edges, above, or below the Fence.
iii.
Shall not cover more than 20.0 percent of the first Storey Façade of the Building or
Structure.
(l) Sign, Window
i.
A Development Permit is required for a total Sign area of more than 50.0 percent of
the glass surface of the window(s).
ii. In the case of a Major Home Occupation, the maximum Sign area shall be 0.2 square
metres and a maximum of one Sign per Major Home Occupation shall be permitted.
iii.
Shall not be illuminated when located in a Residential Building.
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Sign Element
Standard
(m) Signs not
requiring a
Development
Permit
i.
An official notice, Sign, placard, or bulletin for Municipal, Provincial, or Federal purposes
whether on public or private property.
ii.
A Sign that is not visible from the Public Realm at the discretion of Development
Authority.
iii.
Signs, Temporary Banner to advertise any Community Group or Community Event
and with a maximum Sign area of 3.0 square metres.
iv.
Signs, Temporary associated with an approved Temporary Use, with a maximum area
of 1.0 square metre, a maximum height of 2.0 metres, and a maximum of 2 Signs per
Lot.
v.
Signs, Construction located on Site(s) where construction, renovation, or maintenance
is occurring, and is removed 7 days following completion of work.
vi.
Signs, Election with a maximum Sign area of 1.5 square metres, and maximum height
of 2 metres, which are placed no sooner than 30 days prior to an election and removed 7
days following. Existing Signs when only the message area of the Sign is being
changed to reflect a change in the business name.
vii.
Signs, Real Estate with a maximum Sign area of 1 square metre and a maximum of 1
Sign per Lot Frontage.
viii.
A Sign, Traffic or Sign, Directional with a maximum Sign area of 1.0 square metre and
a maximum height of 2.0 metres authorized by the Municipal, Provincial, or Federal
Government(s).
ix.
A Sign for a garage sale or similar event, posted for a maximum of 48 hours.
x.
A Sign showing the name or address of a Building that is sculpted or formed from the
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Sign Element
Standard
(n) Prohibited
Signs
i.
Signs, Inflatable;
ii.
Signs, Searchlight or Laser;
iii.
Signs, Third Party;
iv.
Signs, Vehicle or Trailer on non-motorized vehicles;
v.
Signs, Portable;
vi.
Signs, Roof;
vii.
Signs, Obsolete; and
viii.
Moving, flashing, sound-emitting Signs, or Signs, Revolving.
(o) Additional Sign
Standards
i.
Whenever a panel on a multi-tenant Sign is removed, the Sign owner shall replace it
with a blank panel until such time as a new tenant requires it.
ii.
An existing non-conforming Sign may continue to be displayed provided:
A. The Sign was lawfully erected on or before the day this Bylaw came into effect;
B. The Sign continues to comply with the bylaw in effect at the time of its erection;
C. Changes to the Sign are limited to normal maintenance; and
D. The Sign is not moved or materially altered.
iii.
When a Sign cannot be clearly categorized as any of the Signs defined in this Bylaw,
the Development Authority shall determine the Sign type and applicable standards.
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(p) Associated
Uses
In the table below:
means a Sign is Permitted
- means a Sign is Permitted and does not require an associated Use
- means a Sign is not Permitted
Sign, Banner
Sign, Canopy
Sign, Changeable
Message
Sign, Community
Identification
Sign, Electronic
Messaging
Sign, Fascia
Sign, Freestanding
Sign, Projecting or
Hanging Wall
Sign, Window
Residential
-
-
-
-
-
-
-
-
-
Lodging
-
-
Office
-
-
-
Retail &
Entertainment
-
Manufacturing
-
-
-
Institutional
-
-
-
Agriculture
-
-
-
-
-
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3.5.14 Outdoor Lighting Standards
(a) All outdoor light fixtures shall be aimed downward and shielded in a manner that does not direct illumination on
to a street or adjacent Residential Use.
(b) All outdoor light fixtures shall not emit light above the bottom of the light fixture except where the light fixture is
used for accent lighting.
(c) The provisions for Section 3.5.14 do not apply to roadways or Traffic Signs.
3.5.15 Sustainable Energy
(a) Sustainable Renewable Energy systems are encouraged and supported within the Town.
(b) Solar Energy Systems shall only be located on a Façade or roof of a Building and should be integrated with
the Building design and character.
(c) Wind Turbines shall not be allowed within the Neighbourhood Centre District (NCD).
3.5.16 Relocation, Demolition, or Removal of Buildings
(a) Demolition or removal of a Building is allowed in all Land Use Districts.
(b) A Demolition Permit shall be required, as per the Alberta Safety Codes Act, for the Demolition or removal of
any Building.
(c) In addition to a Demolition Permit, prior to the Demolition or removal of a Building, a Development Permit
must be approved by the Development Authority except when a Demolition or removal of a Building is a
result of a Development for which a Development Permit has already been approved and issued.
(d) Notwithstanding Subsection 3.5.16 (c), a Development Permit is not required for the Demolition or removal of
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a Building that does not require a Development Permit as per Section 4.6.
(e) Applications for a Development Permit for the Demolition or removal of a Building shall include:
i.
How the safety of the public and adjacent Buildings will be ensured;
ii.
How the Site will be cleaned and graded; and
iii. How any affected roads, sidewalks, boulevards, or utilities will be protected.
(f) A Development Permit is required when a Building is being relocated to a Site from elsewhere on the same
Site, or from another Site, and the relocated Building shall comply with the provisions of this Bylaw.
3.5.17 Historic Buildings
(a) A Development Permit application to demolish, remove, or alter a Building that is designated as a Provincial
Historic Resource shall be referred to Council for comment and shall have the written approval of the Minister
responsible for the Historic Resources Act.
(b) A Development Permit application to demolish, remove, or alter a Building that is designated as a Municipal
Historic Resource shall be reviewed by the Development Authority and shall comply with the provision of the
bylaw designating said Building.
3.4.18 Common Amenity Space Standards
(a) Common Amenity Space may be provided as indoor or outdoor common amenity space, or a combination
thereof.
(b) Common Amenity Space must be provided for all Residential Development with 8 or more units (not
including Additional Dwelling Units).
(c) Common Amenity Space must be accessible from all of the units
(d) Common Amenity Space must cover at least 10.0 percent of the Site area.
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(e) Common Amenity Space must not be located in a required setback
3.5.19 Recreational Vehicles
(a) No person shall be allowed to keep or maintain a Recreational Vehicle in a Frontage between October 30
and April 1.
(b) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes other than in designated
campgrounds.
(c) No Recreational Vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready
removal.
(d) No Recreational Vehicle shall be connected to any public utility except for required servicing.
3.5.20 Additional Standards
(a) The Development Authority may allow a Variance of any or all of the requirements of this Bylaw through an
application, where at the discretion of the Development Authority, the Development would not unduly
interfere with the amenities of the neighbourhood, detract from the public realm, or materially interfere with or
affect the use, enjoyment, or value of the neighbouring Lots, and the Use proposed is allowed by this Bylaw.
(b) Any standard from this Bylaw may be applied to Development within this Land Use District at the discretion of
the Development Authority in order to ensure a high-quality level of design and / or future urban development
opportunities.
(c) When a Development cannot be clearly categorized in this Bylaw, the Development Authority shall
determine all applicable standards.
(d) All other Development proposals shall be at the Development Authority's discretion.
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(e) All Development shall meet the requirements of the Alberta Safety Codes Act.
(f) All Development shall meet the Minimum Development Elevation requirements in Section 2.4 if required by the
Development Authority as per Section 2.4.3.
(g) Notwithstanding any other provisions contained in this Bylaw, no vegetation, finished Lot grade, Building or
Structure shall exceed the general elevation of the street by more than 0.76 m within the area defined as a
Corner Visibility Triangle.
(h)
Sites with incomplete Development must be maintained at all times in accordance with the standards of the
Town, including but not necessarily limited to the Good Neighbour Bylaw and the General Engineering and
Construction Specifications.
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Town of High River Land Use Bylaw
123
3.5.21 The Design, Character & Appearance of Buildings
(a) The size, location, design, character and appearance of any Building or Structure requiring a Development
Permit shall be acceptable to the Development Authority having due regard to:
i.
The policies and objectives contained within the Town's Statutory Plans;
ii.
Any studies adopted as guidelines regarding Heritage Buildings and historic resources, vistas,
streetscapes, parking, mobility, public art, and open space;
iii. The character of existing Development in this Land Use District including, but not necessarily limited to,
facing materials, Building mass and architectural detailing;
iv. The character of existing Development in this Land Use District, as well as the effect on adjacent Land
Use District(s) and parcels, unless the Building or Structure, at the discretion of the Development
Authority, sets a higher standard of design, character and appearance for this Land Use District, or
part of it; and
v. Other factors such as daylight, sunlight, and privacy.
(b) The exterior finishing materials on the Façade of a proposed Development shall be those identified on the
approved plans for that Development.
(c) Once constructed, the Façade of the Building(s) shall be maintained to the standard shown on the Site Plan
and elevation drawings approved by the Development Authority.
(d) Additions to any Primary Building(s) and any Accessory Building(s) shall be constructed and finished with
materials compatible with the Primary Building(s).
(e) Where a proposed Development is part of a larger area, the whole of which may eventually be designed and
developed, and for which no overall Development plan has been prepared, the Development Authority may
require the submission of a Master Site Plan before dealing with the application.
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3.5.22 Drainage Standards
(a) All roof drainage from a Structure or Building must be discharged onto the Lot on which the Structure or
Building is located. No roof drainage may create any negative impact on adjacent Sites. Should any damage
occur, the owner shall be responsible for all of the costs of all applicable damages as determined by a qualified
professional (e.g. insurance underwriter) based on the General Engineering and Construction Specifications.
3.5.23 Pageantry Features
(a) Pageantry Features may only be located within or abutting the Development that they relate to.
(b) Pageantry Features are limited to:
i.
promoting natural and manmade attributes and amenities of the Development;
ii.
providing the names of area builders;
iii.
providing directions within the Development;
iv.
indicating the general price range of housing products.
(c) Pageantry Features must not:
i.
be installed so as to obstruct or impede free and clear vision for motorists and pedestrians and in so
doing create a traffic hazard;
ii.
interfere with, or cause confusion with, any authorized sign, signal or traffic control device and in so
doing create a traffic hazard;
iii.
impede pedestrians from using the sidewalk system;
iv.
create any other safety issue under the regulations of the Town of High River Traffic Bylaw or the Traffic
Safety Act, RSA 2000; or
v.
cause any damage to any Town owned trees (through installation, placement or removal) or result in
any pruning to improve visibility of Pageantry Features.
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(d) Pageantry Features may include the following types:
i.
freestanding signs, provided the signs do not exceed 2.0 metres in height and 3.0 square metres in sign
area, and are securely inserted into the ground (skids, concrete blocks, and similar types of footings will
not be permitted);
ii.
flags and flag poles;
iii.
banners and banner poles; or
iv.
any other decorative feature where, in the opinion of the Development Authority, the feature is
consistent with the intent of these regulations.
(e) All Pageantry Features within a Development must be coordinated, cohesive and have a consistent theme.
(f) All Pageantry Features within a Development must be kept in good repair at all times.
(g) There is no limitation to the number of Pageantry Features that can be proposed and approved in a
Development under a single application. However, the Development Authority reserves the right to restrict
the number of Pageantry Features approved for a Development based on the suitability of the location and
design of the Pageantry Features.
(h) A Development Permit shall only be provided for up to a maximum of 5 years, at which time a new or
renewed Development Permit shall be required. Pageantry shall be removed within thirty days of the final Lot
or unit of the Development being sold by the developer.
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3.6
CENTRAL BUSINESS DISTRICT (CBD)
3.6.1
Intent
To support a cluster of mixed Use Buildings and
high quality spaces with wide sidewalks, pedestrian
connectivity, and street-level activity. Businesses
and services should support the entire Town, and
Residential forms should support the business
activity in the Land Use District. The Central
Business District (CBD) is intended to act as a
destination for residents and visitors where patrons
can either walk to or park once and walk around.
(a) General
characteristics
i.
The overall mix of Uses for this Land Use District should strive for 30.0 percent
Residential and 70.0 percent business and retail services.
ii.
Ground floors should primarily be occupied with business and retail services, with
Residential Uses located on upper floors.
iii. Residential forms should consist primarily of Buildings with multiple Dwelling Units.
iv. Business and retail services should meet the daily needs and serve the whole Town.
v. Buildings should be oriented to the Primary Thoroughfare and should have a
consistent sidewalk from any entrance to the overall pedestrian network.
vi. Buildings should be strongly articulated with appropriate levels of Transparency to
create an active Public Realm.
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127
3.6.2
Precincts
Intent
Legend
Historical
Precinct
Centre Street
Precinct
Industrial Arts
Precinct
Garden
Residential
Precinct
Public
Services
Precinct
The majority of the Central Business District (CBD) is divided into Precincts that identify additional
Standards for Development in order to reflect the unique character of each area as well as the
Downtown Revitalization Area Redevelopment Plan.
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CENTRALBUSINESSOISIRl(T
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-- 12AVESE
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Town of High River Land Use Bylaw
128
Historical
Precinct
As both the historical and contemporary centre of commerce and business in the community,
this Precinct experiences a high volume of pedestrian and vehicle activity, and is characterized
by commercial, retail, and Office Development contained within both heritage and modern
Buildings. Many of the Town's heritage and cultural resources are located in this Precinct
including built heritage resources, cultural facilities in civic Buildings, and commercial venues
that support cultural activities. Redevelopment will respect the small-scale business and Lot
pattern, while ensuring it remains the cultural, commercial, and pedestrian focus of the Town.
Centre
Street
Precinct
The Centre Street Precinct has been a central location for commerce and business over the
Town's history and continues to see a significant volume of traffic, although it is generally more
vehicle-oriented than pedestrian. The area is characterized by a range of commercial, Office,
and retail Development at a lower scale contained largely within Buildings of a more modern
nature.
While providing for a mix of Uses similar to the Historical Precinct, the Centre Street Precinct
supports Buildings with larger floor plates with parking provided at the rear or sides of
Buildings. Architectural articulation is used to ensure larger Buildings transition to their context
and provide a pedestrian-friendly experience at street-level.
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Industrial
Arts
Precinct
This area has developed over the years as an area for light industrial, small-scale
Manufacturing and Office Uses, while also supporting workshops and studios of local artisans.
This area is encouraged to continue to grow as a Manufacturing and arts hub that is better
integrated into the surrounding community. A more concentrated and organized pattern of
industrial Development is encouraged - with an emphasis on street orientation and creation of a
consistent street wall and a de-emphasis on the physical separation of Buildings - and adds the
option for live-work Residential Development. The architectural palette acknowledges the
agricultural-industrial heritage of the Town while recognizing its future potential as a modern
working Precinct characterized by local artisanal workshops.
Garden
Residential
Precinct
The Garden Residential Precinct provides the opportunity for Residential Development, at a
scale that maintains compatibility with Residential Uses to the west and the north-south
pathway connection. The area is envisioned with clusters of small footprint multi-Residential
Development characterized by a generous landscape interface with 1st Street SW.
Public
Services
Precinct
The Public Services Precinct is a critical location for a continuous linkage of park and pedestrian-
focused amenities, as well as landmark civic Buildings and cultural facilities that serve the
broader community and benefit from the centrality and visibility of this corridor. This area may
also accommodate public utilities, as required.
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3.6.3
Uses
The following Uses are grouped into Use
Categories to add clarity regarding the intent of the
form of Development. Definitions are in Section
5.1: Use Definitions.
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(a) Residential
Premises available for
long-term human
habitation by means of
ownership and rental, but
exclude short-term renting
of less than a month's
duration.
Dwelling Unit(s);
Additional Dwelling
Unit(s)
Temporary Dwelling
Unit(s);
Additional Dwelling
Unit(s)
(b) Lodging
Premises available for
short-term human
habitation.
Bed & Breakfast;
Hotel / Motel, Short
Term Rental
None
(c) Office
Premises available for the
transaction of general
business.
Major Home
Occupation;
Professional Office
None
(d) Retail &
Entertainment
Premises available for the
commercial sale of
merchandise and prepared
foods.
Amusement Facility;
Café; Restaurant;
Drinking
Establishment; Retail
& Service, General
Adult Establishment;
Cannabis Store, Drive
Through Facility; Liquor
Store; Gas Station; Vehicle
Washing
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Town of High River Land Use Bylaw
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Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(e) Manufacturing
Premises available for the
creation, assembly, and
repair of artefacts including
their retail sale except
when such activity creates
conditions that may be
objectionable to
neighbouring property
owners.
Light Industrial
None
(f) Institutional
Premises used by
organizations to support
the common good
including organizations
dedicated to religion, arts
and culture, education,
government, social
service, recreation, health,
and the like.
Arts & Culture;
Active Recreation;
After Life Care;
Education; Human
Services;
Government;
Passive Recreation
None
(g) Agriculture
Premises available for
growing of plants or raising
of livestock for the purpose
of food production.
Urban Agriculture
None
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Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(h) Other
Additional Uses that may
be considered in this Land
Use District.
Essential Public
Utilities; Signs in
association with an
approved Use on the
Site, unless otherwise
specified in Section
3.6.14;
Pageantry Features
in association with an
approved
Development;
Temporary Shipping
Containers.
Excavation, stripping and
grading; fencing,
landscaping, or other
similar Structures;
Shipping Containers.
3.6.4
Specific Use Standards
Use
Standard
(a) Accessory
Building
No Accessory Building shall be used as a Dwelling Unit unless the Building meets
the requirements of the Alberta Safety Codes Act.
(b) Accessory Use
Is Permitted or Discretionary in accordance with the Primary Use.
(c) Adult
Establishment
i.
An Adult Establishment shall not display obscene or indecent images,
materials or products in any form or format that are visible from the exterior of
the Building or through windows.
ii.
The Development Authority may determine criteria to limit where and how an
Adult Establishment may be located.
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Use
Standard
(d) Café
i.
A maximum of 20 patrons is allowed.
ii.
A Café may serve alcoholic beverages for consumption on the premises at the
discretion of the Development Authority, in accordance with the Alberta
Gaming, Liquor & Cannabis Commission.
(e) Cannabis Store
Where a proposed Cannabis Store Bay is within a 150.0 metre radial distance of an
existing / approved Cannabis Store Bay, as measured from the closest point of the
Cannabis Store Bay to the closest point of the other Cannabis Store Bay, any
cumulative impacts of the facilities on existing Development within the area must be
considered by the Development Authority.
(f) Discretionary
Uses
Shall only be allowed if there is no detrimental effect on the hydrological system or
water quality.
(g) Gas Station
Should locate pumps to the side or rear of the Building, increase the front Setback,
or provide additional landscaping in the Private Frontage to better integrate the Gas
Station with the Public Realm.
(h) Heavy
Industrial
Showrooms or ancillary sales are not allowed.
(i) Light Industrial
Storage shall be within the Building or entirely screened.
(j) Liquor Store
i.
Where a proposed Liquor Store Bay is within a 150.0 metre radial distance of
an existing / approved Liquor Store Bay as measured from the closest point
of the proposed Liquor Store Bay to the closest point of the existing Liquor
Store Bay,, any cumulative impacts of the facilities on existing Development
within the area must be considered by the Development Authority.
(k) Major Home
Occupation
i.
Outdoor Storage is prohibited.
ii.
Deliveries of pick-ups in connection with the Use are limited to parcel and
small freight carriers.
iii.
Signs shall be limited to one window Sign, shall not be illuminated, and shall
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Town of High River Land Use Bylaw
134
Use
Standard
not exceed 0.2 square metres in area.
iv.
Vehicle and equipment service or Repair are not allowed.
v.
If a Major Home Occupation Development Permit holder relocates within the
Municipality, a new Development Permit is required for a new Major Home
Occupation at the new location.
vi.
No nuisances by way of noise, vibration, smoke, dust, fumes, odours, heat,
light, electrical or radio disturbance, detectable beyond the property boundary
shall be produced by the Major Home Occupation.
vii.
Commercial Vehicles used for a Major Home Occupation shall be parked on-
site and shall not be located within a Frontage if weight exceeds 4,000.0 kg.
viii.
A Development Permit for a Major Home Occupation may be revoked if, at
the discretion of the Development Authority, the operator of the Major Home
Occupation has violated any provisions of this Bylaw and / or the conditions of
the Development Permit.
(l) Outdoor
Storage
i.
Shall not be allowed in a Frontage and shall be screened from any
Thoroughfare by means of a solid wall, fencing, landscaping, berming or
combination thereof, to the satisfaction of the Development Authority.
ii.
Shall be kept in a clean and orderly condition at all times.
(m) Restaurant
Shall not install ventilation systems that terminate on the roof of a Building unless the
Applicant can prove that no other feasible alternative is available. To the maximum
extent feasible, ventilation systems shall be directed away from adjacent Residential
properties.
(n) Short Term
Rental
i.
Short Term Rental host must obtain a business license.
ii.
A host cannot allow more than two adults, not including minors, per room. As
the definition of short term rental in the bylaw is 14 days or less, longer term
stays are not covered in the bylaw.
(o) Vehicle Wash
Shall be limited to the washing of vehicles with a gross vehicle weight of ,000
kilograms or less.
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Town of High River Land Use Bylaw
135
Use
Standard
(p) Prohibited Uses
i.
The storage of any Temporary Dwelling Unit;
ii.
The storage of waste and salvage materials including derelict vehicles;
iii.
The storage of goods, products, or materials in any Frontage; and
iv.
Gaming Establishments.
(q) Development
not requiring a
Development
Permit
A Development Permit is not required in respect of the following Developments
provided they are in compliance with the standards outlined in this Land Use District
and all other provisions of this Bylaw:
i.
Work of maintenance, repair or Alteration, on a Structure, both internal and
external, if at the discretion of the Development Authority, such work:
A. Does not result in an increase in the number of Dwelling Units within
the Building or on the Site;
B. Does not increase the floor area by more than 25.0 percent of the
original Residential Structure or Building;
C. Does not change the Use or intensity of the Use of the Structure or
Building; and
D. Is performed in accordance with obligatory legislation or other
government regulations.
ii.
The completion of a Building which was lawfully under construction at the date
this Bylaw comes into effect;
iii.
The use of any Building referred to in Subsection 4.6 for the purpose for which
construction was commenced;
iv.
The use of a Building, other than a Non-Conforming Use or Non-Conforming
Building, that has been vacant for less than 6 months for a purpose that is, at
the discretion of the Development Authority, the same or similar to the
previous Use;
v.
The Change of Use of a Building or Structure, other than a Non-Conforming
Use or Non-Conforming Building provided that:
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Town of High River Land Use Bylaw
136
Use
Standard
A. The requirements of the Development Permit for the existing Building
have been fulfilled; and
B. The Change of Use is from a Permitted or Discretionary Use to a
Permitted Use in this Land Use District.
vi.
The erection, construction, or maintenance of gates, Fences, walls, or other
means of enclosure which meet the standards in this Land Use District;
vii.
The construction and maintenance of Essential Public Utilities;
viii.
The erection of an Accessory Building in association with an approved
Permitted Use when it complies with the standards of this Bylaw;
ix.
The use of a Building or part thereof as a temporary polling station for a
federal, provincial, or municipal election, referendum, or plebiscite;
x.
Signs not requiring a Development Permit as set out in this Land Use District;
xi.
The construction, maintenance, and repair of private walkways, private
pathways, private driveways, private features, and landscaping details that do
not involve retaining walls greater than 0.6 metres in height, and are in
compliance with this Land Use District;
xii.
An outdoor in-ground or above-ground private swimming pool provided:
A. Not located in a Frontage;
B. Having a total area not exceeding 15.0 percent of the Lot area; and
C. That does not have any part of the above Grade component, including a
Deck, walkway, supporting member, heater, or mechanical equipment,
located within 1.2 metres of any Side Lot Line or Rear Lot Line.
xiii.
Excavation of land and stripping of soil provided:
A. That the area concerned is less than 1,000 square metres;
B. That the stripping or Excavation is part of a Development for which a
Development Permit has been issued; or
C. That the Applicant has signed a Development Agreement with the
Town for the area concerned.
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Town of High River Land Use Bylaw
137
Use
Standard
xiv.
Street performers or other vendors having a Business License and written
permission from the landowner and are not located fronting on Centre Street
S, 5th Street SE or 12th Avenue SE;
xv.
Communication Structures that comply with the Federal
Radiocommunication Act;
xvi.
Sustainable Renewable Energy systems and Structures providing they are
in compliance with the provisions of this Bylaw and any other obligatory
legislation or government regulations;
xvii.
Minor Home Occupation(s);
xviii.
Mural(s);
xix.
Day Home(s); and
xx.
Patio(s).
xxi.
Erection of flagpoles not exceeding 6.0 metres in height for the purpose of
flying a Flag but not a Sign.
(r) Temporary
Development
i.
Temporary Uses, Buildings, or Structures may be permitted in all Districts
at the discretion of the Development Authority, provided that Temporary
Buildings or Structures are not placed on permanent foundations and
provided that the Use, Building or Structure is listed as a Permitted or
Discretionary Use in the relevant land use district.
ii.
A Development Permit shall only be provided for up to a maximum of 5
years, at which time a new or renewed Development Permit shall be
required.
iii.
Temporary Buildings or Structures must have the appearance and
aesthetic of the Buildings or Structures allowed in the Land Use District at
the discretion of the Development Authority.
(s) Temporary
Shipping
Temporary Shipping Containers may be used for the storage of equipment and
materials during the construction period at the construction site subject to the
ND NATURALDISTRICT
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TRADITIONAL
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NCD
NEIGHBOURHOOD
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CBD
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
138
Use
Standard
Containers
following:
i.
The Site must have an approved and active Building Permit.
ii.
The Shipping Container must be placed wholly within the subject Site.
iii.
The Shipping Container shall be removed from the Site no later than seven
(7) calendar days after completion of the Building Permit.
iv.
If construction ceases for a period of thirty (30) days, the Shipping
Container shall be removed from the Site no later than seven (7) days after
notice to remove is issued by the Town.
(t) Permanent
Shipping
Containers
Permanent Shipping Containers may be allowed, however, they must have the
appearance and aesthetic of the Buildings or Structures allowed in the Land Use
District or be completely hidden from view of the Public Realm at the discretion of
the Development Authority.
(u) Additional
Standards
i.
No Use or operation shall cause or create any conditions which may be
offensive or objectionable beyond the Lot Lines by virtue of noise, odour,
vibrations, heat, or light, at the discretion of the Development Authority.
ii.
Single Use Buildings shall not be allowed in any Precinct except the Centre
Street Precinct where they are Permitted as per the Downtown Area
Redevelopment Plan when the maximum floor area is less than 2,500.0
square metres.
iii.
In addition to the Uses identified in Section 3.6.3, Light Industrial and
Outdoor Storage located at the rear of the Primary Building are
Discretionary in the Industrial Arts Precinct:
iv.
Auto-oriented Uses shall only be allowed in the Industrial Arts Precinct.
v.
Residential Development on the ground floor is not allowed in the Historical
Precinct.
vi.
The conservation and adaptive re-use of existing heritage Buildings is
strongly encouraged.
ND NATURALDISTRICT
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NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
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DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
139
3.6.5
Block Configuration & Subdivision Standards
Element
Standard
(a) Block Length
90.0 metres - 120.0 metres.
(b) Block
Perimeter
310.0 metres - 480.0 metres.
(c) Block
Configuration
Rear Lanes are required for all new or reconfigured Blocks. In all cases, Blocks with
existing Lane Access shall retain such Access.
(d) Block
Connectivity
All vehicular Rights-of-Way shall terminate at other vehicular Rights-of-Way to form
a network.
(e) Pedestrian
Connectivity
A mid-Block Passage, dedicated as a Right-of-Way or reserved with a permanent
Access easement, may be required where a Block Face is longer than 120.0 metres.
If required, the mid-Block Passage shall be generally located in the middle third of
the Block Face and shall be designed to ensure pedestrian safety and comfort.
(f) Future Block
Connectivity
Where adjoining areas are not developed, vehicular Rights-of-Way in new
Subdivisions must be extended to the project boundary to provide for future vehicular
Rights-of-Way. Such Rights-of-Way shall be provided at intervals no greater than
the maximum Block Length for the Land Use District.
(g) Additional Lot
and
Subdivision
Standards
i.
Subdivision shall not be allowed where the result creates a through Lot, a
landlocked Lot, or additional Lots with no rear Lane Access.
ii.
Block standards in Subsections 3.6.5 (a) through (f) may be varied to
conform with natural features, transportation Rights-of-Way, parks or open
space, or other similar Site constraints.
iii.
In the event of Subdivision by condominium, Development shall be treated
as a multi-unit complex where the required Development Setback for the
Front, Rear, and Side yards shall be the same as specified in the
appropriate land use district.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
140
3.6.6
Setbacks for Primary Buildings
Setback Element
Standard
(a) Front Setback
0 metres in all Precincts
except Garden
Residential Precinct
where the Front
Setback is 3.0 metres.
(b) Secondary Front
Setback
0 - 1.0 metres.
(c) Side Setback
Minimum 0 metres.
(d) Rear Setback
Minimum 0 metres.
(e) Additional
Standards for
Primary
Buildings
i.
Access shall be provided as deemed appropriate by the Development Authority
in consultation with the Fire Department.
ii.
Additional Setbacks up to 3.0 metres may be considered to provide outdoor
amenity space or to accommodate accessibility features.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
Q)
Cl
!'l
C:
~
2:-
E
~
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
Secondary Frontage
SERVICE & EMPLOYMENT
DISTRICT
r··· ................... t"<~a,,>m-'-''J
\ Front Setback
Rear 1
I
Setback I
I
I
I
I
: Front Setback
I
I
I
I
I
Side Setback
Lot Line
Rear
Setoack
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
141
3.6.7
Setbacks for Accessory Buildings
Setback Element
Standard
(a) Front Setback
Minimum 0 metre.
(b) Secondary Front
Setback
Minimum 1.0 metre.
(c) Side Setback
Minimum 0 metres.
(d) Rear Setback
Minimum 0 metres.
(e) Additional
Standards for
Accessory
Buildings
i.
Access shall be provided for emergency personnel as required.
ii.
Where an Accessory Building is attached to the Primary Building by a roof, or
an open or enclosed Structure, it is considered to be a part of the Primary
Building, and shall comply with all requirements applicable to the Primary
Building.
iii.
Notwithstanding Subsection 3.6.7 (a), attached Buildings shall not project more
than 1.0 metre in front of the Primary Façade.
iv.
Accessory Buildings shall be screened from any Thoroughfare.
v.
Where an Accessory Building or Structure is built on a foundation or is
otherwise unmovable, the Building or Structure must adhere to the setback
standards in Section 3.6.7 regardless of size.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
Secondary Frontage
SED
SERVICE & EMPLOYMENT
DISTRICT
[
!secondary Front Setback
\Primary Building
lsetbacks
'::.I
I Front Setback hnt
I
1.111 une
i ~=:,:,:~:-.. _-_-_-_-_-_-_-_-_-_:,.:_.:_:_:,-:-,-~-k-~
t
Lot Line
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
142
3.6.8
Lot Coverage Standards
Coverage Element Standard
Lot Coverage (All
Buildings)
Maximum 90.0 percent.
3.6.9
Building Height & Size Standards
Height Element
Standard
(a) Building Height
2 - 6 Storeys.
5 Storey maximum for the
Historical Precinct.
3 Storey maximum for the
Garden Residential Precinct.
"N" stands for any Storeys above those
shown, up to the maximum
(b) Floor Area
1,000.0 square metres
maximum for the Historical
Precinct.
(c) Height
Calculations
i.
The first Storey of a Building or Structure is measured from the finished
Ground Floor level to the surface of the second floor in the case of a one-storey
Building or Structure. Each upper Storey is measured from the surface of the
floor to the surface of the floor above it, or if there is no floor above, from the
surface of the floor to the Eave of the roof.
ii.
When a Lot slopes downward from the Front Lot Line an additional Storey is
allowed in addition to the maximum number allowed, and only on the lower rear
portion of the Lot.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
143
iii.
Storeys shall not exceed 4.5 metres in height from finished Ground Floor to
finished ceiling, except for a Ground Floor Building in the Lodging,
Professional Office, or Retail & Entertainment Use Categories, which shall be
between 3.5 metres and 7.5 metres in height. Any Storey that exceeds this
height shall be counted as 2 Storeys.
iv.
Mezzanines extending beyond 33.0 percent of the floor area shall be counted as
an additional Storey.
v.
In a parking garage or Structure, each above-ground level counts as a single
Storey regardless of its relationship to habitable Storeys.
(d) Additional
Building Height
Standards
i.
Floors above the second Storey shall be stepped back for the Primary Frontage
or Secondary Frontage for a minimum horizontal distance of 2.0 metres or the
distance required to not overshadow a sidewalk on the opposite side of the street
between the hours of 10 am and 2 pm during the days between the Spring and
Fall equinoxes. A rear Stepback of the same distance shall be required in the
Centre Street Precinct for Development adjacent to existing Residential
Development.
ii.
A ground level Residential or Lodging Use with a front Setback of less than 2.0
metres shall be designed in a manner which eliminates privacy concerns, except
in the Historical Precinct where ground level Residential Uses are not allowed.
iii.
Accessory Buildings in the Garden Residential Precinct shall have a maximum
height of 1 Storey.
iv.
Accessory Buildings with 2 or more Storeys shall be designed to reduce
privacy concerns for adjacent Residential Uses.
v.
Building Height Standards may be varied for Institutional Uses.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
144
3.6.10 Frontage Standards
Frontage Element
Standard
(a) General
Frontage
Standards
i.
The Public Frontage and Private Frontage shall form a seamless space from the
Curb to the Building and shall consist of separate zones with a focus on key
elements of the Public Realm. Small decorative Fences may divide the Public
Frontage and Private Frontage to differentiate between public and privately
owned lands, as long as the perception of a seamless space is maintained.
ii.
Public spaces shall be clear legible public Access and be designed to allow for a
variety of public Uses.
iii.
Improvements to the Public Frontage shall be required for all greenfield and
redevelopment scenarios.
ND NATURALDISTRICT
PRIVATE LOT
URD
UJ
z
::J
PRIVATE
FRONTAGE
URBANRESERVEDISIBICT
PUBLIC
FRONTAGE
TND TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCO
NEIGHBOURHOOD
CENTRE DISTRICT
VEHICULAR LANES
THOROUGHFARE (RO.W.)
CBD
CENTRALBUSINESSOISIRl(T
PUBLIC
FRONTAGE
UJ
z
::J
PRIVATE
FRONTAGE
SE D
SERVICE & EMPLOYMENT
DISTRICT
PRIVATE LOT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
145
Definitions:
Thoroughfare means a Right-of-Way, typically publicly owned, serving primarily pedestrian and vehicular
travel, providing Access to abutting properties, and which may also be used to provide space for
bicycle facilities, Stormwater Management, Shade Trees and / or utilities. Lanes are not considered
Thoroughfares. A Thoroughfare does not have to accommodate vehicular travel.
(a)
Primary Thoroughfare means the Thoroughfare clearly associated with the front Façade of
Primary Buildings along a Block Face. Where a Corner Lot abuts more than two
Thoroughfares, the Development Authority may determine that all Thoroughfares, except
for one, are a Primary Thoroughfare, if such a determination is in the interest of protecting the
quality of the Public Realm.
(b)
Secondary Thoroughfare means a Thoroughfare that is not a Primary Thoroughfare, and is
clearly associated with the corner side Façades of Buildings.
Frontage means the area of a Lot between a Building Façade and a Curb inclusive of its built and
landscape components. Frontage is divided into Public Frontage and Private Frontage.
(a)
Private Frontage means the area between the Building Façades and the Lot Lines, and
applies to the Primary Frontage and secondary Frontage.
(b)
Public Frontage means the area within a Thoroughfare between the Curb and the Front Lot
Line, and applies to the primary Frontage and secondary Frontage.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
I
Public
Ll.o""'°""'~.l.ll'----S- ec_ o_nd_a_r;.y_r_ront
_ age
.;., __ ;._ __ __. Frontage
,----.-,..,..-----,..-----------... Private
Frontage
Front Setbaci:
~ront Setback
Public
Private
I Side Setback
Lot Line
Frontage
Frontage
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
146
Frontage Element
Description
Standard
(b) Boulevard
(also called the
Greenway /
Furnishing Zone
in the Downtown
ARP)
The space for street trees and
separation between vehicular and
pedestrian travel lanes as
measured from the Curb to the
sidewalk. This space shall consider
pedestrian access from on-street
parking and shall be integrated as
part of a seamless paving
Structure as measured from the
Curb to the Building.
i. 1.8 metres - 5.25 metres wide.
ii. Appropriate Uses in include public furniture,
transit stops, and street trees.
(c) Sidewalks
The space for pedestrian circulation
and enjoyment within the Public
Frontage and Private Frontage as
measured from the Boulevard or
Curb to the Building.
i. 2.0 metres - 4.0 metres wide, except where
existing Rights-of-Way conditions require a
minor reduction in order to accommodate a
Boulevard with street trees, as per
Subsection 3.6.10 (b) and Subsection 3.6.10
(d).
ii. Sidewalks shall be adequately illuminated to
ensure a high level of pedestrian safety and
comfort.
iii. Sidewalks within the Public Frontage shall
be primarily dedicated for pedestrian travel
Where deemed to appropriate by the
Development Authority, sidewalks within
the Public Frontage may be utilized for patio
seating, non-permanent Signs, retail display,
or landscaping. Sidewalks within the Private
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
/
LANDSCAPING
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
147
Frontage Element
Description
Standard
Frontage may be utilized for patio seating,
non-permanent Signs, retail display, or
landscaping.
(d) Landscaping
The type and placement of
landscaping elements in the Public
Frontage.
Landscaping should consist primarily of Shade
Trees, be regularly spaced in a consistent
pattern, but shall not hinder pedestrian
movement or connectivity. The number of trees
required for the Public Frontage shall be
consistent with Subsection 3.6.11 (d).
(e) Frontage Build-
Out
The percentage of the Lot Line that
is occupied by Building Façade as
measured from the Front Setback.
Minimum 90.0 percent.
(f) Façade Length
The maximum length of a Building
Façade as measured from corner to
corner and is perpendicular to the
Lot Line.
15.0 metres for the Historical Precinct.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
Secondary Frontage
SERVICE & EMPLOYMENT
DISTRICT
- -- ---
---- - --
--- -- --
I
.c
"O
~
Lot Line
!
I
I
-----1 I
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
148
Frontage Element
Description
Standard
(g) Transparency
The area of the Façade composed
of windows either within the wall or
within doors, typically measured as
a percentage.
i. Minimum 70.0 percent on the ground floor for
all , Professional Office, and Retail &
Entertainment Use Categories.
ii. Minimum 30.0 percent for all other Use
Categories.
iii. Minimum 30.0 percent for all upper floors.
(h) Blank Wall
Length
The maximum length of a Façade
without any Transparency or
Architectural Features.
Maximum 2.0 metres including parking
Structures.
(i) Primary
Entrance
The main point of Access for
pedestrians to a Building shall be
considered the public entrance for
all non-Residential Uses, and
Residential Uses that Access
more than 4 Dwelling Units (not
including Additional Dwelling
Units).
i. Every Building shall have at least one
Primary entrance.
ii. The Primary Entrance shall be oriented to
the Primary Frontage unless the Building is
on a Corner Lot where the Primary entrance
may be oriented towards the Secondary
Frontage.
iii. The Primary Entrance for all non-residential
and residential Buildings with more than 2
Dwelling Units (not including Additional
Dwelling Units) where the entrance is
serving at least 2 Units shall be clearly
visible to create identity and a sense of
arrival, be universally accessible, provide
weather protection, and be identifiable to
pedestrians, through the use of Architectural
Features, to the satisfaction of the
Development Authority.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
149
Frontage Element
Description
Standard
(j) Additional
Entrance(s)
All other points of public Access for
pedestrians to a Building, not
including service Access.
i. Every entrance shall be visible and
identifiable to pedestrians similar to the
Primary entrance.
ii. Additional entrance(s) shall be provided at
important pedestrian connectivity locations, to
the satisfaction of the Development
Authority.
(k) Additional
Frontage
Standards
i.
Corner Lots shall have a Primary Frontage and a Secondary Frontage.
ii.
Balconies shall not project beyond the Front Lot Line, or 1.0 metre beyond
the Façade.
iii.
Any Structure or feature facilitating accessibility to Buildings, such as ramps
or stairs, shall be located in the Private Frontage.
iv.
Businesses may apply for the sidewalk café or patio in the Public Frontage if
pedestrian travel ways can be adequately maintained.
v.
Consistent high-quality design shall be evident in the Development on all
areas of a property, with particular attention to Frontages.
vi.
External product display area shall be focused on quality over quantity.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
150
3.6.11 Parking, Loading & Access Standards
Element
Standard
(a) General Parking,
Loading &
Access
Standards
i.
Developments should be designed to ensure Access and parking Structures do
not visually dominate the Public Realm or create obstructions to the pedestrian
network.
ii.
All Grade-level parking areas adjacent to a Frontage shall be set back a minimum
of 3.0 metres and screened from view of the Frontage by landscaping.
iii.
Parking lots shall incorporate pedestrian-focused infrastructure to ensure safe and
comfortable pedestrian Access to Building entrances.
iv.
Parking lots should incorporate landscaping elements that enhance the pedestrian
experience, provide shade to reduce heat islands, and reduce Stormwater run-off.
v.
Parking areas and / or parking Structures shall integrate pedestrian connectivity
with nearby Buildings and / or Lots to support the local pedestrian network.
vi.
Curb cuts should be eliminated where possible, or reduced if alternative Access is
not possible.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
151
Parking Element
Description
Standard
(b) Bicycle Parking
and Bicycle
Storage
The provision and location of
bicycle parking and bicycle
storage.
i. Bicycle parking shall be provided for all Development
at the discretion of the Development Authority
except residential Buildings with 4 Dwelling Units or
less.
ii. Bicycle parking Structures shall be located close to a
Primary entrance, but shall not impede pedestrian
circulation or Access to a Building.
iii. Bicycle parking Structures shall be highly visible and
shall include a permanent rack or hook-up system.
iv. Covered bicycle storage or similar consideration shall
be provided for all Residential Development with 5
Dwelling Units or more. Individual parking
Structures and Accessory Buildings may be
considered as bicycle storage
v. Creative integration with Building and Site design is
encouraged.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
152
Parking Element
Description
Standard
(c) Vehicle Parking
The provision and location
of vehicular parking.
i. No minimum number of parking stalls shall be
required for any Development; rather each
Development shall consider the appropriate number
of parking stalls required to support the proposed
Development.
ii. Where vehicle parking is provided parking areas,
stalls, and Access shall meet the design
requirements of this Bylaw and shall be consistent
with the Town's Municipal Engineering Standards.
iii. Off-site vehicle parking (i.e. street parking) may be
considered as a portion of the parking strategy for a
given Development, at the discretion of the
Development Authority.
iv. Parking areas and / or parking Structures shall be
located to the side or rear of a Building, or
underground, wherever possible.
v. Parking areas, including any parking Structures, shall
not exceed 50.0 percent of a Site.
vi. Surface parking areas and / or parking Structures
shall not be allowed unless associated with a
Development.
(d) Accessible
Vehicle Parking
The number and location
of vehicle parking stalls
dedicated for handicap
placard or licensed
vehicles.
For all parking areas and / or parking Structures with 11
or more vehicle stalls, accessible parking shall be
provided in a location with the easiest pedestrian Access
to the Primary entrance and shall be provided in
accordance with the Barrier Free Design Guide as per the
National Building Code
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
153
Parking Element
Description
Standard
(e) Vehicle Access
A vehicular lane or
driveway within a Lot, or
shared between 2 or more
Lots, providing Access to
a garage or other parking
area and / or Structure.
i. Parking shall be accessed by rear Lanes wherever
possible. Where no rear Lane exists, Vehicle Access
should be located on the Secondary Frontage.
Where Access on a Secondary Frontage is not
possible, Access may be located on the Primary
Frontage.
ii. For all Uses except for Institutional Uses, Vehicle
Access to parking areas and / or parking Structures
shall be no wider than 3.0 metres in any Frontage.
Institutional Uses may have a Vehicle Access to
parking areas and / or parking Structures no wider
than 6.0 metres in any Frontage.
iii. The number of Vehicle Access points to a Lot shall
be limited to 1.
iv. Joint Vehicle Access between 2 or more adjacent
Lots may be considered to provide more efficient
Vehicle Access arrangements, to reduce Curb cuts,
and / or to reduce any negative impact on the Public
Realm.
(f) Additional
Parking, Loading
& Access
Standards
i.
Vacant land or Buildings shall not be used for parking.
ii.
Permeable paving materials are encouraged in order to increase on-site
Stormwater Infiltration.
iii.
Bicycle Stair Channels are encouraged where more than 3 stairs are part of
the exterior circulation of a Development.
iv.
Parking is not allowed within rear Lane Rights-of-Way.
v.
All parking areas shall illustrate, to the satisfaction of the Development
Authority, how pedestrian circulation and connectivity meets the intent of the
Land Use District and the Guiding Principles Bylaw.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
154
3.6.12 Landscaping Standards
Element
Standard
(a) General
Landscaping
Standards
i.
Developments should preserve and enhance the urban forest.
ii.
Landscaping should be integrated into a Development to enhance the pedestrian
experience and improve the Public Realm.
iii. Developments should ensure appropriate conditions for mature tree growth.
iv. The spacing and placement of plants shall be adequate and appropriate for the typical
size, shape, and habitat of the given plant species at maturity.
Landscaping
Element
Description
Standard
(b) Landscaped
Area
The area where
landscaping is primarily
located.
The Landscaped Area for all other Development
other than 2 Dwelling Units or less (not including
Additional Dwelling Units) shall be 40.0 percent of
the total Lot Area for Residential Uses and 15.0
percent of the total Lot Area for all other Uses
(c) Tree Size
The size of a tree at the
time of planting.
Minimum height of 2.0 metres and / or 50.0
millimetres in Caliper.
(d) Shrub Size
The size of a shrub at the
time of planting.
Minimum of a #2 container and / or a minimum
height of 19.0 to 23.0 centimetres, as per the
Canadian Nursery Landscape Association
standards
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
155
(e) Number of
Trees
The minimum number of
trees required for both on-
site (re)development and
for Frontage(s).
i.
Residential Development with 2 Dwelling
Units or less (not including Additional Dwelling
Units) shall provide a minimum of 1 tree per unit.
ii.
All other Development shall provide a minimum
of 1 tree per 35.0 square metres of Landscaped
Area.
iii.
In greenfield areas, the minimum number of
street trees located in the Public Frontage is 1
tree for every 7.0 metres of Frontage as
measured at the Lot Line and shall be
consistent with Section 3.5.10.
iv.
In addition to the minimum number of trees
required for on-site Development in established
areas, additional trees may be required by the
Development Authority in the Public
Frontage(s) if local conditions deem it
appropriate.
(f) Number of
Shrubs
The minimum number of
shrubs required for on-site
(re)development.
i.
Residential Development with 2 Dwelling
Units or less shall provide a minimum of 2
shrubs per unit.
ii.
All other Development shall provide a minimum
of 1 Shrub per 25.0 square metres of
Landscaped Area.
(g) Soil
Requirements
The amount of high quality
soil and growing material
required to support mature
plant growth.
Minimum 30.0 centimetres for all planting areas.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
156
(h) Tree
Clearance
The vertical distance
between the existing or
potential tree canopy
overhanging sidewalks,
driveways, paths,
Lanes, parking spaces,
streets, or other public
spaces shall be of a type
that, at maturity or with
minor pruning at
installation, provide a
clear height for use of a
given space.
i. Minimum 2.5 metres for sidewalks;
ii. 3.8 metres for driveways, parking spaces and streets;
and
iii. 4.6 metres for Loading areas.
(i) Tree
Preservation
Preservation of on-site
and off-site trees is
encouraged and may be
used to fulfil the
landscaping
requirements as per
Subsection 3.6.10 (d)
(See Town's current
Tree Protection Bylaw
Mature, healthy, and non-invasive trees shall not be
removed except for essential construction activities.
(j) Additional
Landscaping
Standards
Hard landscaping and / or xeriscaping may be substituted for soft landscaping, at the
discretion of the Development Authority.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
157
3.6.13 Buffers, Screening & Fencing
Element
Description
Standard
(a) Buffers &
Screening
The use of landscaping or
similar elements for Permitted
or Discretionary Uses to offset
the visual impact of some forms
of Development from the
Public Realm and / or
incompatible adjacent Uses.
iv.
Minimum landscaping requirements in Section
3.6.12 may be placed so as to act as a buffer
or screen.
v.
Preservation of existing vegetation that could
act as a buffer is strongly encouraged.
vi.
Additional landscaping may be considered in
order to maintain or enhance the Public
Realm, at the discretion of the Development
Authority.
(b) Fencing
The use and location of fencing,
including masonry walls as
buffers or transitions.
vii.
Fencing may be used as a decorative
transition from one Use to another, as a
screening device, or for security purposes.
viii.
Fences within the Primary Frontage shall be
a maximum height of 1.2 metres.
ix.
All other Fences shall be a maximum height of
1.8 metres.
x.
Security fencing shall only be considered for
safety, at the discretion of the Development
Authority. and shall not contain barbed wire.
xi.
Fences containing barbed wire are not
permitted except for where the is required in
conjunction with Agricultural Uses at the
Development Authority's discretion.
xii.
Fences/screening devices must be designed
and erected in a manner that does not pose
safety issues to wildlife or the general public.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
-"'
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-~
:,:
ID
u
C
of
ID
u
C
of
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
ID u
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-"'
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ID
:,:
ID
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of
Gradel
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
CENTRALBUSINESSOISIRl(T
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
158
Element
Description
Standard
(c) Garbage
Facilities
The treatment of garbage
facilities.
All garbage facilities shall be visually screened from
public view, to the satisfaction of the Development
Authority.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
7.5 m
-...J
c..n
3
"U
~-
...,
0
::, -
cu
(0
CD
TND TRADITIONAL
NEIGHBOURHOOD DISTRICT
NC D
NEIGHBOURHOOD
CENTRE DISTRICT
Secondary Frontage
Building
Bear-Y.ar-d
Building
CBD
CENTRALBUSINESSOISIRl(T
Sidewalk
SE D
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
159
3.6.14 Sign Standards
Sign Element
Standard
(a) General Sign
Standards
i.
Signs should be appropriate and integrated with the Building design and character of the
neighbourhood.
ii.
Signs shall be primarily oriented toward pedestrians in both scale and location. Signs
oriented towards vehicles are considered secondary.
iii.
Signs shall not obstruct pedestrian or vehicular visibility or circulation.
iv.
Signs shall not project above the roofline of a Building.
v.
The message on the Sign shall relate to the Use of the Site(s) on which it is located.
vi.
Signs shall not exceed 20.0 percent of the Building Façade to which it is attached.
vii.
Sign illumination shall be from the top of the Sign and oriented downward and shall be
designed to have no direct light emitted above the top of the Sign and / or the Signs
support Structure, unless, in the opinion of the Development Authority, the design is
enhanced by the addition of light for aesthetic purposes..
viii.
The vertical clearance from the bottom of a Sign to Grade for a public space shall be:
A. Minimum 2.5 metres for sidewalks;
B. 3.8 metres for driveways, parking spaces, and streets; and
C. 4.6 metres for Loading areas.
ix.
Signs shall at all times be maintained In a proper and safe state of repair and shall not be
permitted to become dilapitaed or unsightly.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SE D
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
160
Sign Element
Standard
(b) Sign, Banner
i.
Shall be limited to 1 banner per business.
ii.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
iii.
Materials shall be weather resistant and minimize glare
iv.
Shall only be approved on a Temporary basis.
(c) Sign, Canopy
i.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
ii.
May project into the Public Frontage up to 1.5 metres as long as it maintains a Setback
of at least 0.6 metres from the Curb.
iii.
Shall not be allowed in addition to a Sign, Fascia on the same business Façade.
(d) Sign,
Changeable
Message
i.
Shall only be allowed as part of a Sign, Freestanding or Sign, Fascia.
(e) Sign,
Community
Identification
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of 1.5
metres from Grade.
ii.
Shall be self-supported and shall be permanent and stationary.
(f) Sign, Electronic
Messaging
i.
May be approved on its own, or as part of a Sign, Freestanding.
ii.
Shall be located in such a manner as to minimize any impacts into any adjacent
Residential Uses.
iii.
Digital display content must not include fill motion video, animation, or flashing images. In
the case of an electronic message board, the text may scroll or switch messages at a
pace deemed acceptable to the Development Authority.
iv.
If any component of the digital display fails or malfunctions, the permit holder must ensure
that the digital display is turned off until all components are fixed and are operating in
compliance.
v.
Digital display(s) must not exceed the following illumination levels:
vi.
A maximum of 7,5000 Nits from sunrise to sunset;
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
161
Sign Element
Standard
vii.
A maximum of 500 Nits from sunset to sunrise;
viii.
The light levels around the electronic display must not at any time exceed the ambient
light level by more than 5.0 LUX. vi. vi. Shall have a maximum Sign area of 3.0 square
metres and have a maximum height of 5.0 metres from Grade.
ix.
Shall incorporate landscaping where required by the Development Authority
x.
This category of Sign may include, but is not necessarily limited to digital signs, electronic
message boards, Gas Station price boards, Drive-Thru menus, and time/temperature
displays. There is no limitation to the number Signs, Electronic Messaging that can be
proposed and approved in a Development under a single application. However, the
Development Authority reserves the right to restrict the number of Signs, Electronic
Messaging approved for a Development based on the suitability of the location and
design of the Signs, Electronic Messaging
(g) Sign, Fascia
i.
Shall not cover more than 20.0 percent of the first Storey Façade for a business.
ii.
The top of a Sign, Fascia shall have a maximum height of 4.5 metres from Grade and
shall not extend above the base of a window on any upper Storey.
iii.
May project into the Public Frontage up to 0.4 metres.
iv.
Shall not be allowed in addition to a Sign, Canopy on the same business Façade.
(h) Sign, Flag
i.
May have a maximum sign area of 2.0 square metres and have a maximum height of 4.0
metres from Grade.
ii.
A maximum of one Sign is allowed per Frontage.
iii.
Must not be located on a Roof of a Building.
iv.
Shall incorporate landscaping where required by the Development Authority
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
162
Sign Element
Standard
(i) Sign,
Freestanding
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum height of 5.0
metres from Grade.
ii.
A maximum of one Sign is allowed per Lot.
iii.
Shall incorporate landscaping where required by the Development Authority
(j) Sign,
Projecting or
Hanging
i.
Shall have a maximum Sign area of 1.0 square metre.
ii.
May project into the Public Frontage up to 1 metre as long as it does not project closer
than 0.6 metres to the Curb and shall not extend past a Sign, Canopy on the same
Façade.
iii.
A maximum of one Sign is allowed per business Façade.
iv.
Shall be located a minimum of 3.0 metres from each other.
(k) Sign,
Sponsorship
i.
Signs located on Fences shall not cover more than 50.0 percent of the Fence facing the
Public Realm and shall not obstruct sight lines, gates or access points to the satisfaction
of the Development Authority.
ii.
Signs shall not protrude past the side edges, above, or below the Fence.
iii.
Shall not cover more than 20.0 percent of the first Storey Façade of the Building or
Structure.
(l) Sign, Window
i.
A Development Permit is required for a total Sign area of more than 50.0 percent of the
glass surface of the window(s).
ii.
In the case of a Major Home Occupation, the maximum Sign area shall be 0.2 square
metres and a maximum of one Sign per Major Home Occupation shall be permitted.
iii.
Shall not be illuminated when located in a Residential Building.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
163
Sign Element
Standard
(m) Signs not
requiring a
Development
Permit
i.
An official notice, Sign, placard, or bulletin for Municipal, Provincial, or Federal purposes
whether on public or private property.
ii.
A Sign that is not visible from the Public Realm at the discretion of Development
Authority. iii. Temporary Signs to advertise any Community Group or Community
Event community event, and with a maximum Sign area of 3.0 square metres. .
iii.
Construction Signs located on Site(s) where construction, renovation, or maintenance is
occurring, and is removed 7 days following completion of work.
iv.
Election Signs with a maximum Sign area of 1.5 square metres, and maximum height of
2.0 metres, which are placed no sooner than 30 days prior to an election and removed 7
days following.vi. Existing Signs when only the message area of the Sign is being
changed to reflect a change in the business name or a replacement sign for an existing
business.
v.
Real Estate Signs with a maximum Sign area of 1.0 square metre and a maximum of 1
Sign per Lot Frontage.
vi.
A Traffic Sign or Directional Sign authorized by the Municipal, Provincial, or Federal
Government(s).
vii.
A Sign for a garage sale or similar event, posted for a maximum of 48 hours.
viii.
A Sign showing the name or address of a Building that is sculpted or formed from the
Building material.
ix.
Murals or similar public art, providing that no third-party advertising is included.
x.
A-Board Signs.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
164
Sign Element
Standard
(n) Prohibited
Signs
i.
Inflatable Signs;
ii.
Searchlight or Laser Signs;
iii.
Third Party Signs;
iv.
Vehicle or Trailer Signs on non-motorized vehicles;
v.
Portable Signs;
vi.
Roof Signs;
vii.
Obsolete Signs; and
viii.
Moving, flashing, sound-emitting Signs, or Revolving Signs.
(o) Additional Sign
Standards
i.
Whenever a panel on a multi-tenant Sign is removed, the Sign owner shall replace it with
a blank panel until such time as a new tenant requires it.
ii.
An existing non-conforming Sign may continue to be displayed provided:
A. The Sign was lawfully erected on or before the day this Bylaw came into effect;
B. The Sign continues to comply with the bylaw in effect at the time of its erection;
C. Changes to the Sign are limited to normal maintenance; and
D. The Sign is not moved or materially altered.
iii.
When a Sign cannot be clearly categorized as any of the Signs defined in this Bylaw, the
Development Authority shall determine the Sign type and applicable standards.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
165
(p) Associated Uses
In the table below:
means a Sign is Permitted
- means a Sign is Permitted and does not require an associated Use
- means a Sign is not Permitted
Sign, Banner
Sign, Canopy
Sign, Changeable
Message
Sign, Community
Identification
Sign, Electronic
Messaging
Sign, Fascia
Sign, Freestanding
Sign, Projecting or
Hanging Wall
Sign, Window
Residential
-
-
-
-
-
-
-
-
-
Lodging
-
-
Office
-
-
-
Retail &
Entertainment
-
-
Manufacturing
-
-
-
Institutional
-
-
-
Agriculture
-
-
-
-
-
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD CENTRALBUSINESSDISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
166
3.6.15 Outdoor Lighting Standards
(a) All outdoor light fixtures shall be aimed downward and shielded in a manner that does not direct illumination on
to a street or adjacent Residential Use.
(b) All outdoor light fixtures shall not emit light above the bottom of the light fixture except where the light fixture is
used for accent lighting.
(c) The provisions for Section 3.6.15 do not apply to roadways or Traffic Signs.
3.6.16 Sustainable Energy
(a) Sustainable Renewable Energy systems are encouraged and supported within the Town.
(b) Solar Energy Systems shall only be located on a Façade or roof of a Building and should be integrated with
the Building design and character.
(c) Wind Turbines shall not be allowed within the Centre Business District (CBD).
3.6.17 Relocation, Demolition, or Removal of Buildings
(a) Demolition or removal of a Building is allowed in all Land Use Districts.
(b) A Demolition Permit shall be required, as per the Alberta Safety Codes Act, for the Demolition or removal of
any Building.
(c) In addition to a Demolition Permit, prior to the Demolition or removal of a Building, a Development Permit
must be approved by the Development Authority except when a Demolition or removal of a Building is a
result of a Development for which a Development Permit has already been approved and issued.
(d) Notwithstanding Subsection 3.6.17 (c), a Development Permit is not required for the Demolition or removal of
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
167
a Building that does not require a Development Permit as per Section 4.6.
(e) Applications for a Development Permit for the Demolition or removal of a Building shall include:
i.
How the safety of the public and adjacent Buildings will be ensured;
ii.
How the Site will be cleaned and graded; and
iii. How any affected roads, sidewalks, boulevards, or utilities will be protected.
(f) A Development Permit is required when a Building is being relocated to a Site from elsewhere on the same
Site, or from another Site, and the relocated Building shall comply with the provisions of this Bylaw.
3.6.18 Historic Buildings
(a) A Development Permit application to demolish, remove, or alter a Building that is designated as a Provincial
Historic Resource shall be referred to Council for comment and shall have the written approval of the Minister
responsible for the Historic Resources Act.
(b) A Development Permit application to demolish, remove, or alter a Building that is designated as a Municipal
Historic Resource shall be reviewed by the Development Authority r and shall comply with the provision of
the bylaw designating said Building.
3.6.19 Common Amenity Space Standards
(a) Common Amenity Space may be provided as indoor or outdoor common amenity space, or a combination
thereof.
(b) Common Amenity Space must be provided for all Residential Development with 8 or more units (not
including Additional Dwelling Units).
(c) Common Amenity Space must be accessible from all of the units
(d) Common Amenity Space should cover at least 10.0 percent of the Site area.
(e) Common Amenity Space must not be located in a required setback
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
168
3.6.20 Recreational Vehicles
(a) No person shall be allowed to keep or maintain a Recreational Vehicle in a Frontage between October 30
and April 1.
(b) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes other than in designated
campgrounds.
(c) No Recreational Vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready
removal.
(d) No Recreational Vehicle shall be connected to any public utility except for required servicing.
3.6.21 Additional Standards
(a) The Development Authority may allow a Variance of any or all of the requirements of this Bylaw, through an
application, where at the discretion of the Development Authority, the Development would not unduly
interfere with the amenities of the neighbourhood, detract from the public realm, or materially interfere with or
affect the use, enjoyment, or value of the neighbouring Lots, and the Use proposed is allowed by this Bylaw.
(b) Any standard from this Bylaw may be applied to Development within this Land Use District at the discretion of
the Development Authority in order to ensure a high-quality level of design and / or future urban development
opportunities.
(c) When a Development cannot be clearly categorized in this Bylaw, the Development Authority shall
determine all applicable standards.
(d) All Development shall meet the requirements of the Alberta Safety Codes Act.
(e) All other Development proposals shall be at the Development Authority's discretion.
(f) All Development shall meet the Minimum Development Elevation requirements in Section 2.4. if required by
the Development Authority as per Section 2.4.3.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
169
(g)
Notwithstanding any other provisions contained in this Bylaw, no vegetation, finished Lot grade, Building,
Structure, or Fence shall exceed the general elevation of the Thoroughfare by more than 0.76 m within the
area defined as a Corner Visibility Triangle.
(h) Sites with incomplete Development must be maintained at all times in accordance with the standards of the
Town, including but not necessarily limited to the Good Neighbour Bylaw and the General Engineering and
Construction Specifications.
3.6.22 The Design, Character & Appearance of Buildings
(a) The size, location, design, character and appearance of any Building or Structure requiring a Development
Permit shall be acceptable to the Development Authority having due regard to:
i.
The policies and objectives contained within the Town's Statutory Plans;
ii.
Any studies adopted as guidelines regarding Heritage Buildings and historic resources, vistas,
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
Corner
Lot
Corner
~
is,ibility
:-"
angle
01
3
7.5 m
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
Internal
Lot
SE D
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
170
streetscapes, parking, mobility, public art, and open space;
iii.
The character of existing Development in this Land Use District including, but not necessarily limited
to, facing materials, Building mass and architectural detailing;
iv.
The character of existing Development in this Land Use District, as well as the effect on adjacent
Land Use District(s) and parcels, unless the Building or Structure, at the discretion of the
Development Authority, sets a higher standard of design, character and appearance for this Land
Use District, or part of it; and
v.
Other factors such as daylight, sunlight, and privacy.
(b) The exterior finishing materials on the Façade of a proposed Development shall be those identified on the
approved plans for that Development.
(c) Once constructed, the Façade of the Building(s) shall be maintained to the standard shown on the Site Plan
and elevation drawings approved by the Development Authority.
(d) Additions to any Primary Building(s) and any Accessory Building(s) shall be constructed and finished with
materials compatible with the Primary Building(s).
(e) Where a proposed Development is part of a larger area, the whole of which may eventually be designed and
developed, and for which no overall Development plan has been prepared, the Development Authority may
require the submission of a Master Site Plan before dealing with the application.
3.6.23 Drainage Standards
(a) All roof drainage from a Structure or Building must be discharged onto the Lot on which the Structure or
Building is located. No roof drainage may create any negative impact on adjacent Sites. Should any damage
occur, the owner shall be responsible all the cost of all applicable damages as determined by a qualified
professional (e.g. insurance underwriter) based on the General Engineering and Construction Specifications.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
171
3.6.24 Pageantry Features
(a) Pageantry Features may only be located within or abutting the Development that they relate to.
(b) Pageantry Features are limited to:
i.
promoting natural and manmade attributes and amenities of the Development;
ii.
providing the names of area builders;
iii.
providing directions within the Development;
iv.
indicating the general price range of housing products.
(c) Pageantry Features must not:
i.
be installed so as to obstruct or impede free and clear vision for motorists and pedestrians and in
so doing create a traffic hazard;
ii.
interfere with, or cause confusion with, any authorized sign, signal or traffic control device and in
so doing create a traffic hazard;
iii.
impede pedestrians from using the sidewalk system;
iv.
create any other safety issue under the regulations of the Town of High River Traffic Bylaw or the
Traffic Safety Act, RSA 2000; or
v.
cause any damage to any Town owned trees (through installation, placement or removal) or
result in any pruning to improve visibility of Pageantry Features.
(d) Pageantry Features may include the following types:
i.
freestanding signs, provided the signs do not exceed 2.0 metres in height and 3.0 square metres
in sign area, and are securely inserted into the ground (skids, concrete blocks, and similar types
of footings will not be permitted);
ii.
flags and flag poles;
iii.
banners and banner poles; or
iv.
any other decorative feature where, in the opinion of the Development Authority, the feature is
consistent with the intent of these regulations.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
172
(e) All Pageantry Features within a Development must be coordinated, cohesive and have a consistent theme.
(f) All Pageantry Features within a Development must be kept in good repair at all times.
(g) There is no limitation to the number of Pageantry Features that can be proposed and approved in a
Development under a single application. However, the Development Authority reserves the right to restrict
the number of Pageantry Features approved for a Development based on the suitability of the location and
design of the Pageantry Features.
(h) A Development Permit shall only be provided for up to a maximum of 5 years, at which time a new or
renewed Development Permit shall be required. Pageantry shall be removed within thirty days of the final Lot
or unit of the Development being sold by the developer.
ND NATURALDISTRICT
URD URBANRESERVEDISIBICT
TND
TRADITIONAL
NEIGHBOURHOOD DISTRICT
NCD
NEIGHBOURHOOD
CENTRE DISTRICT
CBD
(ENIRALBUSINESSOISTRICT
SED
SERVICE & EMPLOYMENT
DISTRICT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
173
3.7
SERVICE & EMPLOYMENT DISTRICT (SED)
3.7.1
Intent
To support a mix of local and regional service and
employment opportunities with integrated
Industrial, Institutional, recreational, and
Residential Uses that require larger Lots. The
Public Realm within this Land Use District should
include both local and regional pedestrian
connectivity opportunities, as well as alternative
modes of transportation to support employment
and civic Uses.
(a) General
characteristics
i.
This Land Use District should consist primarily of local and regional Uses that
require larger Lots. Residential Uses may be considered where appropriate to
support employment opportunities.
ii.
Where Residential Uses are considered, Building forms shall include multiple
Dwelling Units.
iii.
Buildings shall be oriented to the Primary Thoroughfare rather than the regional
transportation network.
iv.
Any Lots adjacent to the regional transportation, such as Highway 2, shall
contribute to the high quality visual perception of the Town by focusing product
displays and Signs to quality over quantity, and by integrating landscaping and / or
decorative fencing for buffering.
v.
Landscaping, fencing, Setbacks, and similar buffering and screening mechanisms,
or a combination thereof, shall be used between Industrial Uses and / or Buildings
and any other Use, as deemed appropriate by the Development Authority.
vi.
Sidewalks, pathways, or similar pedestrian infrastructure shall be provided from all
entrances to the neighbourhood pedestrian network in order to enhance overall
pedestrian connectivity and movement.
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(b) Vision
The Service & Employment District (SED) is intended to be for a variety of Uses that
require larger Lots. These Uses can vary from Industrial Uses with supporting
Residential to civic or Institutional Uses. This Land Use District is intended to be an
integral part of the Town with high quality pedestrian environments and connectivity.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
175
3.7.2
Uses
The following Uses are grouped into Use
Categories to add clarity regarding the intent of the
form of Development. Definitions are in Section
5.1: Use Definitions.
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
(a) Residential
Premises available for long-
term human habitation by
means of ownership and rental,
but exclude short-term renting
of less than a month's duration.
None
Dwelling Unit(s);
Additional Dwelling
Unit(s);
Temporary Dwelling
Unit(s);
Temporary Additional
Dwelling Unit(s)
(b) Lodging
Premises available for short-
term human habitation.
None
Bed & Breakfast;
Motel / Hotel, Short
Term Rental
(c) Office
Premises available for the
transaction of general
business.
Professional Office
Major Home
Occupation
(d) Retail &
Entertainment
Premises available for the
commercial sale of
merchandise and prepared
foods.
Amusement Facility;
Café; Drinking
Establishment;
Restaurant; Retail &
Service, General; Retail
& Service, Heavy
Drive Through
Facility; Gas Station;
Vehicle Washing,
Liquor Store
(e) Manufacturing
Premises available for the
creation, assembly, and repair
of artefacts including their retail
Light Industrial; Repair;
Outdoor Storage
Heavy Industrial,
Cannabis Facility
(which may include
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PART 3: LAND USE DISTRICTS
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176
Use Category
Use Category Description
Permitted Uses
Discretionary Uses
sale except when such activity
creates conditions that may be
objectionable to neighbouring
property owners.
Cannabis Store)
(f) Institutional
Premises used by
organizations to support the
common good including
organizations dedicated to
religion, arts and culture,
education, government, social
service, recreation, health, and
the like.
Active Recreation;
Arts & Culture;
Education;
Government;
Passive Recreation
After Life Care
(g) Agriculture
Premises available for growing
of plants or raising of livestock
for the purpose of food
production.
Rural, Non-Intensive
Agriculture; Urban
Agriculture
None
(e) Other
Additional Uses that may be
considered in this Land Use
District.
Essential Public
Utilities; Signs in
association with an
approved Use on the
Site, unless otherwise
specified in Section
3.7.13.
Pageantry Features in
association with an
approved
Development;
Shipping Containers
(Temporary or
Permanent)
Excavation, stripping
and grading; fencing,
landscaping, or other
similar Structures
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
177
3.7.3
Specific Use Standards
Use
Standard
(a) Accessory
Building
No Accessory Building shall be used as a Dwelling Unit unless the Building meets
the requirements of the Alberta Safety Codes Act.
(b) Accessory Use
Are Permitted or Discretionary in accordance with the Primary Use(s).
(c) Adult
Establishment
i.
An Adult Establishment shall not display obscene or indecent images,
materials or products in any form or format that are visible from the exterior of
the Building or through windows.
ii.
The Development Authority may determine criteria to limit where and how an
Adult Establishment may be located.
(d) Café
i.
A maximum of 20 patrons is allowed.
ii.
A Café may serve alcoholic beverages for consumption on the premises at the
discretion of the Development Authority, in accordance with the Alberta
Gaming and Liquor Commission.
(e) Cannabis Facility
i.
At the time of Development Permit application, a Cannabis Facility shall not
be located closer than 75.0 metres to any of the following, as measured from
the closest point of the proposed Cannabis Facility Bay to the closest point of
the Site boundary of:
A. Any land zoned Traditional Neighbourhood District.
(f) Cannabis Store
i.
At the time of Development Permit application, a Cannabis Store Bay shall
not be located closer than 100.0 metres to any of the following, as measured
from the closest point of the Cannabis Store Bay to the closest point of the Site
boundary of:
A. A School;
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PART 3: LAND USE DISTRICTS
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Use
Standard
B. School reserve or municipal and school reserve;
C. A Public Park.
ii.
Where a proposed Cannabis Store is within a 150.0 metre radial distance of an
existing / approved Cannabis Store Bay, as measured from the closest point of
the Cannabis Store Bay to the closest point of the other Cannabis Store Bay,
any cumulative impacts of the facilities on existing Development within the area
must be considered by the Development Authority.
(g) Discretionary
Use
Shall only be allowed if there is no detrimental effect on the hydrological system or water
quality.
(h) Gas Station
Should locate pumps to the side or rear of the Building, increase the front Setback, or
provide additional landscaping in the Private Frontage to better integrate the Gas
Station with the Public Realm.
(i) Light Industrial
Storage shall be within the Building or entirely screened.
(j) Liquor Store
i.
i. At the time of Development Permit application, a Liquor Store shall not be
located closer than 150.0 metres to any School or Public Park as measured
from the closest point of the Liquor Store Bay to the closest point of the
School or Public Park Site boundary.
ii.
ii. Where a proposed Liquor Store is within a 150.0 metre radial distance of an
existing Liquor Store, as measured from the closest point of the proposed
Liquor Store Bay to the closest point of the existing Liquor Store Bay, any
cumulative impacts of the facilities on existing Development within the area
must be considered by the Development Authority.
(k) Major Home
Occupation
i.
Outdoor Storage is prohibited.
ii.
Deliveries of pick-ups in connection with the Use are limited to parcel and small
freight carriers.
iii.
Signs shall be limited to one window Sign, shall not be illuminated, and shall
not exceed 0.2 square metres in area.
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PART 3: LAND USE DISTRICTS
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179
Use
Standard
iv.
Vehicle and equipment service or Repair are not allowed.
v.
If a Major Home Occupation Development Permit holder relocates within the
Municipality, a new Development Permit is required for a new Major Home
Occupation at the new location.
vi.
No nuisances by way of noise, vibration, smoke, dust, fumes, odours, heat,
light, electrical or radio disturbance, detectable beyond the property boundary
shall be produced by the Major Home Occupation.
vii.
Commercial Vehicles used for a Major Home Occupation shall be parked on-
site and shall not be located within a Frontage if weight exceeds 4,000.0 kg.
viii.
A Development Permit for a Major Home Occupation may be revoked if, at
the discretion of the Development Authority, the operator of the Major Home
Occupation has violated any provisions of this Bylaw and / or the conditions of
the Development Permit.
(l) Outdoor Storage
i.
Shall not be located adjacent to a Primary Thoroughfare, and should not be
located adjacent to a Secondary Thoroughfare.
ii.
Where Outdoor Storage is located adjacent to a Secondary Thoroughfare or
Residential Use, it shall be entirely screened from view and shall be Setback a
minimum of 3.0 metres from the Lot Line separating the Outdoor Storage from
the Secondary Thoroughfare or Residential Use.
iii.
In any other case, Outdoor Storage shall be screened from the Public Realm,
to the satisfaction of the Development Authority.
iv.
Shall be kept in a clean and orderly condition at all times.
(m) Restaurant
Shall not install ventilation systems that terminate on the roof of a Building unless the
Applicant can prove that no other feasible alternative is available. To the maximum
extent feasible, ventilation systems shall be directed away from adjacent Residential
properties.
(n) Short Term
Rental
i.
Short Term Rental host must obtain a business license.
ii.
A host cannot allow more than two adults, not including minors, per room. As the
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
180
Use
Standard
definition of short term rental in the bylaw is 14 days or less, longer term stays are
not covered in the bylaw.
(o) Prohibited
Uses
i.
The storage of any Temporary Dwelling Unit;
ii.
The storage of waste and salvage materials including derelict vehicles;
iii.
The storage of goods, products, or materials in any Frontage; and
iv.
Gaming Establishments.
(p) Development
not requiring a
Development
Permit
A Development Permit is not required in respect of the following Developments
provided they are in compliance with the standards outlined in this Land Use District
and all other provisions of this Bylaw:
i.
Work of maintenance, repair or Alteration, on a Structure, both internal and
external, if at the discretion of the Development Authority, such work:
A. Does not result in an increase in the number of Dwelling Units within the
Building or on the Site;
B. Does not increase the floor area by more than 25.0 percent of the original
Residential Structure or Building;
C. Does not change the Use or intensity of the Use of the Structure or
Building; and
D. Is performed in accordance with obligatory legislation or other
government regulations.
ii.
The completion of a Building which was lawfully under construction at the date
this Bylaw comes into effect;
iii.
The use of any Building referred to in Subsection 4.6 for the purpose for which
construction was commenced;
iv.
The use of a Building, other than a Non-Conforming Use or Non-Conforming
Building, that has been vacant for less than 6 months for a purpose that is, at the
discretion of the Development Authority, the same or similar to the previous
Use;
v.
The Change of Use of a Building or Structure, other than a Non-Conforming
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
181
Use
Standard
Use or Non-Conforming Building provided that:
A. The requirements of the Development Permit for the existing Building
have been fulfilled; and
B. The Change of Use is from a Permitted or Discretionary Use to a
Permitted Use in this Land Use District.
vi.
The erection, construction, or maintenance of gates, Fences, walls, or other
means of enclosure which meet the standards in this Land Use District;
vii.
The construction and maintenance of Essential Public Utilities, with the
exception of flood mitigation infrastructure, such as a dike or berm, proposed by a
private landowner;
viii.
The erection of an Accessory Building in association with an approved
Permitted Use when it complies with the standards of this Bylaw;
ix.
The use of a Building or part thereof as a temporary polling station for a federal,
provincial, or municipal election, referendum, or plebiscite;
x.
Signs not requiring a Development Permit as set out in this Land Use District;
xi.
The construction, maintenance, and repair of private walkways, private pathways,
private driveways, private features, and landscaping details that do not involve
retaining walls greater than 0.6 metres in height, and are in compliance with this
Land Use District;
xii.
An outdoor in-ground or above-ground private swimming pool provided:
A. Not located in a Frontage;
B. Having a total area not exceeding 15.0 percent of the Lot area; and
C. That does not have any part of the above Grade component, including a
Deck, walkway, supporting member, heater, or mechanical equipment,
located within 1.2 metres of any Side Lot Line or Rear Lot Line.
xiii.
Excavation of land and stripping of soil provided:
A. That the area concerned is less than 1,000.0 square metres;
B. That the stripping or Excavation is part of a Development for which a
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
182
Use
Standard
Development Permit has been issued; or
C. That the Applicant has signed a Development Agreement with the
Town for the area concerned.
xiv.
Street performers or other vendors having a Business License and written
permission from the land owner and are not located fronting on Centre Street S,
5th Street SE or 12th Avenue SE;
xv.
Communication Structures that comply with the Federal Radiocommunication
Act;
xvi.
Sustainable Renewable Energy systems and Structures providing they are in
compliance with the provisions of this Bylaw and any other obligatory legislation or
government regulations;
xvii.
Minor Home Occupation(s); and
xviii.
Mural(s).
xix.
Erection of flagpoles not exceeding 6.0 metres in height for the purpose of flying a
Flag but not a Sign.
(q) Temporary
Development
i.
Temporary Uses, Buildings, or Structures may be permitted in all Districts at the
discretion of the Development Authority, provided that Temporary Buildings or
Structures are not placed on permanent foundations and provided that the Use,
Building or Structure is listed as a Permitted or Discretionary Use in the
relevant land use district.
ii.
A Development Permit shall only be provided for up to a maximum of 5 years, at
which time a new or renewed Development Permit shall be required.
iii.
Temporary Buildings or Structures must have the appearance and aesthetic of
the Buildings or Structures allowed in the Land Use District at the discretion of
the Development Authority.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
183
(r) Temporary
Shipping
Containers
Temporary Shipping Containers may be used for the storage of equipment and
materials during the construction period at the construction site subject to the following:
i.
The Site must have an approved and active Building Permit.
ii.
The Shipping Container must be placed wholly within the subject Site.
iii.
The Shipping Container shall be removed from the Site no later than seven (7)
calendar days after completion of the Building Permit.
iv.
If construction ceases for a period of thirty (30) days, the Shipping Container
shall be removed from the Site no later than seven (7) days after notice to remove
is issued by the Town.
(s) Permanent
Shipping
Containers
Permanent Shipping Containers may be allowed, however, they must have the
appearance and aesthetic of the Buildings or Structures allowed in the Land Use
District or be completely hidden from view of the Public Realm at the discretion of
the Development Authority.
(t) Additional
Standards
No Use or operation shall cause or create any conditions which may be offensive or
objectionable beyond the Lot Lines by virtue of noise, odour, vibrations, heat, or
light, at the discretion of the Development Authority.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
184
3.7.4
Block Configuration & Subdivision Standards
Element
Standard
(a) Block
Connectivity
All vehicular Rights-of-Way shall terminate at other vehicular Rights-of-Way to form a
network.
(b) Future Block
Connectivity
Where adjoining areas are not developed, vehicular Rights-of-Way in new Subdivisions
must be extended to the project boundary to provide for future vehicular Rights-of-Way.
(c) Additional Lot
and
Subdivision
Standards
i.
Subdivision within a Block should be varied to allow for a variety of Lot sizes.
ii.
Block standards in Subsections 3.7.5 (a) and (b) may be varied to conform with
natural features, transportation Rights-of-Way, parks or open space, or other
similar Site constraints.
iii.
In the event of Subdivision by condominium, Development shall be treated as a
multi-unit complex where the required Development Setback for the Front,
Rear, and Side yards shall be the same as specified in the appropriate land use
district.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
185
3.7.5
Setbacks for Primary Buildings
Setback Element
Standard
(a) Front Setback
3.0 metres - 6.0 metres.
(b) Secondary Front
Setback
3.0 metres - 6.0 metres.
(c) Side Setback
Minimum 1.0 metre.
(d) Rear Setback
Minimum 0.5 metres.
(e) Additional
Standards for
Primary
Buildings
i.
Access shall be provided as deemed appropriate by the Development Authority in
consultation with the Fire Department.
ii.
The following features may project into the Setbacks:
A. Unenclosed steps and wheelchair ramps;
B. Signs;
C. Fences or masonry walls;
D. Driveways, off-street parking, and pathways;
E. An unenclosed Deck, Porch, or other similar Structure below 0.6 metres in
height;
F. An unenclosed Deck, Porch, or other similar Structure above 0.6 metres in
height may project 50 percent in a front or rear Setback; and / or
G. Balconies, Eaves, chimneys, cantilevers, bay windows, or other similar
Architectural Features may project up to 50.0 percent into the side Setback or
50.0 percent of a front Setback and cover no more than 50.0 percent of the
Building Façade.
H. H. Projections not specifically outlined in section 3.7.5 (e) ii. A. through G. may
be permitted at the discretion of the Development Authority.
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Secondary Frontage
----------------------1,,00,.,, "00' '""" J
Front Setback
Rear 1
Setback!
Front Setback J
1
Side Setback
Lot Line
I
-
____ J
Rear
Setback
I
I
I
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
186
I.
I. Notwithstanding Subsection 3.7.6 (a), attached parking Structures with
Frontage on a Primary Thoroughfare shall not project more than 1.0 metre in
front of the Façade facing the same Primary Thoroughfare.
3.7.6
Setbacks for Accessory Buildings
Setback Element
Standard
(a) Front Setback
Setback in 3.7.5 (a) plus
3.0 metres.
(b) Secondary Front
Setback
Setback in 3.7.5 (b) plus
3.0 metres.
(c) Side Setback
Minimum 1.0 metre.
(d) Rear Setback
Minimum 0.5 metres.
(e) Additional
Standards for
Accessory
Buildings
i.
Access shall be provided for emergency personnel as required.
ii.
Where an Accessory Building is attached to the Primary Building by a roof or an
open or enclosed Structure, it is considered to be a part of the Primary Building and
shall comply with all requirements applicable to the Primary Building.
iii.
Where an Accessory Building or Structure is built on a foundation or is otherwise
unmovable, the building or structure must adhere to the setback standards in Section
3.7.6 regardless of size.
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Secondary Frontage
! Secondary Front Setback
Primary Building piiiiiiiiiiio ______
..;:. ___
.;;.. ____ -,..-
Setbacks
'::.I
I Front Setback h""iit
I
1.111 une
i emm~-~: :,-,-~,-------------------~
] I
Accessory Burl'~d,:in'.':g"".➔i=============
j
Setback
$ Side Setbasl_
Lot Line
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
187
3.7.7
Lot Coverage Standards
Coverage Element
Standard
(a) Lot Coverage
(All Buildings)
Maximum 80.0 percent.
3.7.8
Building Height Standards
Height Element
Standard
(a) Primary
Building Height
1 - 3 Storeys.
"N" stands for any Storeys above those
shown, up to the maximum
(b) Accessory
Building Height
1 - 2 Storeys.
(c) Height
Calculations
i.
The first Storey of a Building or Structure is measured from the finished Ground
Floor level to the surface of the second floor in the case of a one-storey Building or
Structure. Each upper Storey is measured from the surface of the floor to the surface
of the floor above it, or if there is no floor above, from the surface of the floor to the
Eave of the roof.
ii. When a Lot slopes downward from the Front Lot Line an additional Storey is allowed
in addition to the maximum number allowed, and only on the lower rear portion of the
Lot.
iii. Storeys shall not exceed 4.5 metres in height from finished Ground Floor to finished
ceiling, except for a Ground Floor Building in the Lodging, Professional Office, or
Retail & Entertainment Use Categories, which shall be between 3.5 metres and 7.5
metres in height. Any Storey that exceeds this height shall be counted as 2 Storeys.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
188
iv. Mezzanines extending beyond 33.0 percent of the floor area shall be counted as an
additional Storey.
v. In a parking garage or Structure, each above-ground level counts as a single Storey
regardless of its relationship to habitable Storeys.
(d) Additional
Building Height
Standards
i.
Floors above the second Storey shall be stepped back for the Primary Frontage or
Secondary Frontage for a minimum horizontal distance of 2.5 metres.
ii. Accessory Buildings with 2 or more Storeys shall be designed to reduce privacy
concerns for adjacent Residential Uses.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
189
3.7.9
Frontage Standards
Frontage Element
Standard
(a) General
Frontage
Standards
i.
The Public Frontage and Private Frontage shall form a seamless space from the
Curb to the Building and shall consist of separate zones with a focus on key elements
of the Public Realm. Small decorative Fences may divide the Public Frontage and
Private Frontage to differentiate between public and privately owned lands, as long as
the perception of a seamless space is maintained.
ii.
Public spaces shall be clear legible public Access and be designed to allow for a variety
of public Uses.
iii. Improvements to the Public Frontage shall be required for all greenfield and
redevelopment scenarios.
PRIVATE LOT
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LI.JI
Z1
:JI
o
l
_J I
PUBLIC
FRONTAGE
VEHICULAR LANES
THOROUGHFARE (R.0.W.)
PUBLIC
FRONTAGE
LI.JI
z,
'.JI
f-1
0 ,
_J
PRIVATE
FRONTAGE
PRIVATE LOT
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
190
Definitions:
Thoroughfare means a Right-of-Way, typically publicly owned, serving primarily pedestrian and vehicular
travel, providing Access to abutting properties, and which may also be used to provide space for
bicycle facilities, Stormwater Management, Shade Trees and / or utilities. Lanes are not considered
Thoroughfares. A Thoroughfare does not have to accommodate vehicular travel.
(a)
Primary Thoroughfare means the Thoroughfare clearly associated with the front Façade of
Primary Buildings along a Block Face. Where a Corner Lot abuts more than two
Thoroughfares, the Development Authority may determine that all Thoroughfares, except
for one, are a Primary Thoroughfare, if such a determination is in the interest of protecting the
quality of the Public Realm.
(b)
Secondary Thoroughfare means a Thoroughfare that is not a Primary Thoroughfare, and is
clearly associated with the corner side Façades of Buildings.
Frontage means the area of a Lot between a Building Façade and a Curb inclusive of its built and
landscape components. Frontage is divided into Public Frontage and Private Frontage.
(a)
Private Frontage means the area between the Building Façades and the Lot Lines, and
applies to the Primary Frontage and secondary Frontage.
(b)
Public Frontage means the area within a Thoroughfare between the Curb and the Front Lot
Line, and applies to the primary Frontage and secondary Frontage.
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tr-
Cl>
en
~
~
~
"' E
·c
Q.
LL
Pubic
Frontage
f
I
I t
f
I I I
TND NEIGHBOURHOOD DISTRICT
Secondary Frontage
Frontage
I
Public
Private
J. Frontage
Front Selback
-·
latl.fne
~-------·
-------
- -- -
····-
Front Setbac.k' -
-
1 Side Setback
Private
Lot line
Frontage
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
191
Frontage Element
Description
Standard
(b) Boulevard
The space between the Curb
and the Property Line in the
Public Frontage.
Minimum 2.0 metres wide, except where existing
Rights-of-Way conditions require a minor reduction
in order to accommodate a sidewalk, as per
Subsection 3.7.9 (c) and / or landscaping as per
Subsection 3.7.9 (d).
(c) Sidewalks
The space for pedestrian
circulation in the Public
Frontage.
i.
2.0 metres - 4.0 metres wide, except where
existing Rights-of-Way conditions require a minor
reduction in order to accommodate landscaping,
as per Subsection 3.7.9 (d).
ii.
Sidewalks shall be adequately illuminated to
ensure a high level of pedestrian safety and
comfort.
iii.
Sidewalks within the Public Frontage shall be
dedicated for pedestrian travel only. Sidewalks
within the Private Frontage may be utilized for
patio seating, non-permanent Signs, retail display,
and / or landscaping.
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/
LANDSCAPING
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
192
Frontage Element
Description
Standard
(d) Landscaping
The type and placement of
landscaping elements in the
Public Frontage.
Landscaping may be a mix of trees and Shrubs and
may be grouped together, but shall not hinder
pedestrian movement or connectivity. Where trees
are considered, they shall consist primarily of Shade
Trees.
(e) Transparency
The area of the Façade
composed of windows either
within the wall or within doors,
typically measured as a
percentage.
Minimum 50.0 percent on the ground floor for all
Uses adjacent to a Thoroughfare or public space.
(f) Blank Wall
Length
The maximum length of a
Façade without any
Transparency or Architectural
Features.
Maximum 5.0 metres including parking Structures.
(g) Primary
Entrance
The main point of Access for
pedestrians to a Building shall
be considered the Public
Entrance for all non-Residential
Uses, and Residential Uses
that Access more than 4
Dwelling Units.
i. Every Building shall have at least one Primary
entrance.
ii. The Primary entrance shall be oriented to the
Primary Frontage unless the Building is on a
Corner Lot where the Primary entrance may be
oriented to the intersection.
iii. The Primary entrance for all non-residential and
residential Buildings with more than 2 Dwelling
Units (not including Additional Dwelling Units)
shall be clearly visible to create identity and a
sense of arrival, be universally accessible, provide
weather protection, and be identifiable to
pedestrians, through the use of Architectural
Features, to the satisfaction of the Development
Authority.
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Frontage Element
Description
Standard
(h) Additional
Entrance(s)
All other points of public Access
for pedestrians to a Building,
not including service Access.
i. Every entrance shall be visible and identifiable to
pedestrians similar to the Primary entrance.
ii. Additional entrance(s) shall be provided at
important pedestrian connectivity locations, to the
satisfaction of the Development Authority.
(i) Additional
Frontage
Standards
i.
Corner Lots shall have a Primary Frontage and a Secondary Frontage.
ii.
Consistent high-quality design shall be evident in the Development on all areas of a
property, with particular attention to Frontages.
iii.
Product display area shall be focused on quality over quantity.
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3.7.10 Parking, Loading & Access Standards
Element
Standard
(a) General Parking,
Loading &
Access
Standards
i.
Developments should be designed to ensure Access and parking Structures do not
visually dominate the Public Realm or create obstructions to the pedestrian network.
ii.
All Grade-level parking areas adjacent to a Frontage shall be set back a minimum of
3.0 metres and screened from view of the Frontage by landscaping.
iii. Parking lots shall incorporate pedestrian-focused infrastructure to ensure safe and
comfortable pedestrian Access to Building entrances.
iv. Parking lots should incorporate landscaping elements that enhance the pedestrian
experience, provide shade to reduce heat islands, and reduce Stormwater run-off.
v. Parking areas and / or parking Structures shall integrate pedestrian connectivity with
nearby Buildings and / or Lots to support the local pedestrian network.
vi. Curb cuts should be eliminated where possible, or reduced if alternative Access is not
possible.
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195
Parking Element
Description
Standard
(b) Bicycle Parking
and Bicycle
Storage
The provision and location of
bicycle parking and bicycle
storage.
i. Bicycle parking shall be provided for all Development
at the discretion of the Development Authority
except residential Buildings with 4 Dwelling Units or
less.
ii. Bicycle parking Structures shall be located close to a
Primary entrance, but shall not impede pedestrian
circulation or Access to a Building.
iii. Bicycle parking Structures shall be highly visible and
shall include a permanent rack or hook-up system.
iv. Covered bicycle storage or similar consideration shall
be provided for all Residential Development with 5
Dwelling Units or more. Individual parking
Structures and Accessory Buildings may be
considered as bicycle storage
v. Creative integration with Building and Site design is
encouraged.
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PART 3: LAND USE DISTRICTS
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196
Parking Element
Description
Standard
(c) Vehicle Parking
The provision and location
of vehicular parking.
i. No minimum number of parking stalls shall be
required for any Development; rather each
Development shall consider the appropriate number
of parking stalls required to support the proposed
Development.
ii. Where vehicle parking is provided parking areas,
stalls, and Access shall meet the design
requirements of this Bylaw and shall be consistent
with the Town's Municipal Engineering Standards.
iii. Off-site vehicle parking (i.e. street parking) may be
considered as a portion of the parking strategy for a
given Development, at the discretion of the
Development Authority.
iv. Parking areas and / or parking Structures shall be
located to the side or rear of a Building, or
underground, wherever possible.
v. Parking areas, including any parking Structures, shall
not exceed 50.0 percent of a Site.
vi. Surface parking areas and / or parking Structures
shall not be allowed unless associated with a
Development.
(d) Accessible
Vehicle Parking
The number and location
of vehicle parking stalls
dedicated for handicap
placard or licensed
vehicles.
For all parking areas and / or parking Structures with 11
or more vehicle stalls, accessible parking shall be
provided in a location with the easiest pedestrian Access
to the Primary entrance and shall be provided in
accordance with the Barrier Free Design Guide as per the
National Building Code
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PART 3: LAND USE DISTRICTS
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197
Parking Element
Description
Standard
(e) Vehicle Access
A vehicular lane or
driveway within a Lot, or
shared between 2 or more
Lots, providing Access to
a garage or other parking
area and / or Structure.
i. Parking shall be accessed by rear Lanes wherever
possible. Where no rear Lane exists, Vehicle Access
should be located on the Secondary Frontage.
Where Access on a Secondary Frontage is not
possible, Access may be located on the Primary
Frontage.
ii. For all Uses except for Institutional Uses, Vehicle
Access to parking areas and / or parking Structures
shall be no wider than 3.0 metres in any Frontage.
Institutional Uses may have a Vehicle Access to
parking areas and / or parking Structures no wider
than 6.0 metres in any Frontage.
iii. The number of Vehicle Access points to a Lot shall
be limited to 1.
iv. Joint Vehicle Access between 2 or more adjacent
Lots may be considered to provide more efficient
Vehicle Access arrangements, to reduce Curb cuts,
and / or to reduce any negative impact on the Public
Realm.
(f) Additional
Parking, Loading
& Access
Standards
i.
Vacant land or Buildings shall not be used for parking.
ii.
Permeable paving materials are encouraged in order to increase on-site
Stormwater Infiltration.
iii.
Bicycle Stair Channels are encouraged where more than 3 stairs are part of
the exterior circulation of a Development.
iv.
Parking is not allowed within rear Lane Rights-of-Way.
v.
All parking areas shall illustrate, to the satisfaction of the Development
Authority, how pedestrian circulation and connectivity meets the intent of the
Land Use District and the Guiding Principles Bylaw.
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PART 3: LAND USE DISTRICTS
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198
3.7.11 Landscaping Standards
Element
Standard
(a) General
Landscaping
Standards
i.
Developments should preserve and enhance the urban forest.
ii.
Landscaping should be integrated into a Development to enhance the pedestrian
experience and improve the Public Realm.
iii. Developments should ensure appropriate conditions for mature tree growth.
iv. The spacing and placement of plants shall be adequate and appropriate for the typical
size, shape, and habitat of the given plant species at maturity.
Landscaping
Element
Description
Standard
(b) Landscaped
Area
The area where
landscaping is primarily
located.
The Landscaped Area for all other Development
other than 2 Dwelling Units or less (not including
Additional Dwelling Units) shall be 40.0 percent of
the total Lot Area for Residential Uses and 15.0
percent of the total Lot Area for all other Uses
(c) Tree Size
The size of a tree at the
time of planting.
Minimum height of 2.0 metres and / or 50.0
millimetres in Caliper.
(d) Shrub Size
The size of a shrub at the
time of planting.
Minimum of a #2 container and / or a minimum
height of 19.0 to 23.0 centimetres, as per the
Canadian Nursery Landscape Association
standards
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PART 3: LAND USE DISTRICTS
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(e) Number of
Trees
The minimum number of
trees required for both on-
site (re)development and
for Frontage(s).
v.
Residential Development with 2 Dwelling
Units or less (not including Additional Dwelling
Units) shall provide a minimum of 1 tree per unit.
vi.
All other Development shall provide a minimum
of 1 tree per 35.0 square metres of Landscaped
Area.
vii.
In greenfield areas, the minimum number of
street trees located in the Public Frontage is 1
tree for every 7.0 metres of Frontage as
measured at the Lot Line and shall be
consistent with Section 3.7.9.
viii.
In addition to the minimum number of trees
required for on-site Development in established
areas, additional trees may be required by the
Development Authority in the Public
Frontage(s) if local conditions deem it
appropriate.
(f) Number of
Shrubs
The minimum number of
shrubs required for on-site
(re)development.
iii.
Residential Development with 2 Dwelling
Units or less shall provide a minimum of 2
shrubs per unit.
iv.
All other Development shall provide a minimum
of 1 Shrub per 25.0 square metres of
Landscaped Area.
(g) Soil
Requirements
The amount of high quality
soil and growing material
required to support mature
plant growth.
Minimum 30.0 centimetres for all planting areas.
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(h) Tree
Clearance
The vertical distance
between the existing or
potential tree canopy
overhanging sidewalks,
driveways, paths,
Lanes, parking spaces,
streets, or other public
spaces shall be of a type
that, at maturity or with
minor pruning at
installation, provide a
clear height for use of a
given space.
i. Minimum 2.5 metres for sidewalks;
ii. 3.8 metres for driveways, parking spaces and streets;
and
iii. 4.6 metres for Loading areas.
(i) Tree
Preservation
Preservation of on-site
and off-site trees is
encouraged and may be
used to fulfil the
landscaping
requirements as per
Subsection 3.7.9 (d)
(See Town's current
Tree Protection Bylaw
Mature, healthy, and non-invasive trees shall not be
removed except for essential construction activities.
(j) Additional
Landscaping
Standards
i.
Hard landscaping and / or xeriscaping may be substituted for soft landscaping, at
the discretion of the Development Authority.
ii.
Where sites are adjacent to the Traditional Neighbourhood District, a screening
feature / transitioning buffer shall be installed along the Lot line.
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PART 3: LAND USE DISTRICTS
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201
3.7.12 Buffers, Screening & Fencing
Element
Description
Standard
(a) Buffers &
Screening
The use of landscaping or
similar elements for Permitted
or Discretionary Uses to offset
the visual impact of some forms
of Development from the
Public Realm and / or
incompatible adjacent Uses.
i.
Minimum landscaping requirements in Section
3.7.11 may be placed so as to act as a buffer
or screen.
ii.
Preservation of existing vegetation that could
act as a buffer is strongly encouraged.
iii.
Additional landscaping may be considered in
order to maintain or enhance the Public
Realm, at the discretion of the Development
Authority.
(b) Fencing
The use and location of fencing,
including masonry walls as
buffers or transitions.
i.
Fencing may be used as a decorative
transition from one Use to another, as a
screening device, or for security purposes.
ii.
Fences within the Primary Frontage shall be
a maximum height of 1.2 metres.
iii.
All other Fences shall be a maximum height of
1.8 metres.
iv.
Security fencing shall only be considered for
safety, at the discretion of the Development
Authority. and shall not contain barbed wire.
v.
Fences containing barbed wire are not
permitted except for where the is required in
conjunction with Agricultural Uses at the
Development Authority's discretion.
vi.
Fences/screening devices must be designed
and erected in a manner that does not pose
safety issues to wildlife or the general public.
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TND NEIGHBOURHOOD DISTRICT
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
202
Element
Description
Standard
(c) Garbage
Facilities
The treatment of garbage
facilities.
All garbage facilities shall be visually screened from
public view, to the satisfaction of the Development
Authority.
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7.5 m
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Sidewalk
Secondary Frontage
Building
eear:-Y.ar-d
Building
PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
203
3.7.13 Sign Standards
Sign Element
Standard
(a) General Sign
Standards
i.
Signs should be appropriate and integrated with the Building design and character of
the neighbourhood.
ii.
Signs shall be primarily oriented toward pedestrians in both scale and location. Signs
oriented towards vehicles are considered secondary.
iii. Signs shall not obstruct pedestrian or vehicular visibility or circulation.
iv. Signs shall not project above the roofline of a Building.
v. The message on the Sign shall relate to the Use of the Site(s) on which it is located.
vi. Signs shall not exceed 20.0 percent of the Building Façade to which it is attached.
vii. Sign illumination shall be from the top of the Sign and oriented downward and shall be
designed to have no direct light emitted above the top of the Sign and / or the Signs
support Structure, unless, in the opinion of the Development Authority, the design is
enhanced by the addition of light for aesthetic purposes..
viii. The vertical clearance from the bottom of a Sign to Grade for a public space shall be:
A. Minimum 2.5 metres for sidewalks;
B. 3.8 metres for driveways, parking spaces and streets; and
C. 4.6 metres for Loading areas.
ix. Signs shall at all times be maintained In a proper and safe state of repair and shall
not be permitted to become dilapitaed or unsightly.
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PART 3: LAND USE DISTRICTS
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204
Sign Element
Standard
(b) Sign, Banner
i.
Shall be limited to 1 banner per business.
ii.
Shall not cover more than 25.0 percent of the ground floor Façade for a
business.
iii.
Materials shall be weather resistant and minimize glare
iv.
Shall only be approved on a Temporary basis.
(b) Sign, Canopy
i.
Shall not cover more than 25.0 percent of the ground floor Façade for a business.
ii.
May project into the Public Frontage up to 1.5 metres as long as it maintains a
Setback of at least 0.6 metres from the Curb.
iii.
Shall not be allowed in addition to a Sign, Fascia on the same business Façade.
(c) Sign, Changeable
Message
i.
Shall only be allowed as part of a Sign, Freestanding or Sign, Fascia.
(d) Sign, Community
Identification
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum
height of 1.5 metres from Grade.
ii.
Shall be self-supported and shall be permanent and stationary.
(e) Sign, Electronic
Messaging
i.
May be approved on its own, or as part of a Sign, Freestanding.
ii.
Shall be located in such a manner as to minimize any impacts into any adjacent
Residential Uses.
iii.
Digital display content must not include fill motion video, animation, or flashing
images. In the case of an electronic message board, the text may scroll or switch
messages at a pace deemed acceptable to the Development Authority.
iv.
If any component of the digital display fails or malfunctions, the permit holder
must ensure that the digital display is turned off until all components are fixed
and are operating in compliance.
v.
Digital display(s) must not exceed the following illumination levels:
A. A maximum of 7,5000 Nits from sunrise to sunset;
B. A maximum of 500 Nits from sunset to sunrise;
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PART 3: LAND USE DISTRICTS
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Sign Element
Standard
vi.
The light levels around the electronic display must not at any time exceed the
ambient light level by more than 5.0 LUX.
vii.
Shall have a maximum Sign area of 3.0 square metres and have a maximum
height of 6.0 metres from Grade.
viii.
Shall incorporate landscaping where required by the Development Authority
ix.
This category of Sign may include, but is not necessarily limited to digital signs,
electronic message boards, Gas Station price boards, Drive-Thru menus, and
time/temperature displays. There is no limitation to the number Signs,
Electronic Messaging that can be proposed and approved in a Development
under a single application. However, the Development Authority reserves the
right to restrict the number of Signs, Electronic Messaging approved for a
Development based on the suitability of the location and design of the Signs,
Electronic Messaging
(f) Sign, Fascia
i.
Shall not cover more than 20.0 percent of the first Storey Façade for a business.
ii.
The top of a Sign, Fascia shall have a maximum height of 4.5 metres from Grade
and shall not extend above the base of a window on any upper Storey.
iii.
May project into the Public Frontage up to 0.4 metres.
iv.
Shall not be allowed in addition to a Sign, Canopy on the same business Façade.
(g) Sign, Flag
i.
May have a maximum sign area of 2.0 square metres and have a maximum
height of 4.0 metres from Grade.
ii.
A maximum of one Sign is allowed per Frontage.
iii.
Must not be located on a Roof of a Building.
iv.
Must be secured to a flagpole which is secured into the ground. Portable Signs,
Flag shall not be permitted.
v.
Shall incorporate landscaping where required by the Development Authority
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PART 3: LAND USE DISTRICTS
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Sign Element
Standard
(h) Sign,
Freestanding
i.
Shall have a maximum Sign area of 3.0 square metres and have a maximum
height of 6.0 metres from Grade.
ii.
A maximum of one Sign is allowed per Lot.
iii.
Shall incorporate landscaping where required by the Development Authority
(i) Sign, Projecting or
Hanging
i.
Shall have a maximum Sign area of 1.0 square metre.
ii.
May project into the Public Frontage up to 1.0 metre as long as it does not
project closer than 0.6 metres to the Curb and shall not extend past a Sign,
Canopy on the same Façade.
iii.
A maximum of one Sign is allowed per business Façade.
iv.
Shall be located a minimum of 3.0 metres from each other.
(j) Sign, Sponsorship
i.
Signs located on Fences shall not cover more than 50.0 percent of the Fence
facing the Public Realm and shall not obstruct sight line, gates or access points
to the satisfaction of the Development Authority.
ii.
Signs shall not protrude past the side edges, above, or below the Fence.
iii.
Shall not cover more than 20.0 percent of the first Storey Façade of the Building
or Structure.
(k) Sign, Window
i.
A Development Permit is required for a total Sign area of more than 50.0
percent of the glass surface of the window(s).
ii.
In the case of a Major Home Occupation, the maximum Sign area shall be 0.2
square metres and a maximum of one Sign per Major Home Occupation shall
be permitted.
iii.
Shall not be illuminated when located in a Residential Building.
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Sign Element
Standard
(l) Signs not requiring
a Development
Permit
i.
An official notice, Sign, placard, or bulletin for Municipal, Provincial, or Federal
purposes whether on public or private property.
ii.
A Sign that is not visible from the Public Realm at the discretion of
Development Authority.
iii.
Signs, Temporary Banner to advertise any Community Group or
Community Event, and with a maximum Sign area of 3.0 square metres. .
iv.
Signs, Temporary associated with an approved Temporary Use, with a
maximum area of 1.0 square metre, a maximum height of 2.0 metres, and a
maximum of 2 Signs per Lot.
v.
Signs, Construction located on Site(s) where construction, renovation, or
maintenance is occurring, and is removed 7 days following completion of work.
vi.
Signs, Election with a maximum Sign area of 1.5 square metres, and
maximum height of 2.0 metres, which are placed no sooner than 30 days prior
to an election and removed 7 days following.
vii.
Existing Signs when only the message area of the Sign is being changed to
reflect a change in the business name or a replacement sign for an existing
business..
viii.
Signs, Real Estate with a maximum Sign area of 1 square metre and a
maximum of 1 Sign per Lot Frontage.
ix.
A Sign, Traffic or Signs, Directional with a maximum Sign area of 1.0 square
metre and a maximum height of 2.0 metres authorized by the Municipal,
Provincial, or Federal Government(s).
x.
A Sign for a garage sale or similar event, posted for a maximum of 48 hours.
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PART 3: LAND USE DISTRICTS
Town of High River Land Use Bylaw
208
Sign Element
Standard
(m) Prohibited Signs
i.
Signs, Inflatable;
ii.
Signs, Searchlight or Laser;
iii.
Signs, Third Party;
iv.
Signs, Vehicle or Trailer on non-motorized vehicles;
v.
Signs, Portable;
vi.
Signs, Roof;
vii.
Signs, Obsolete; and
viii.
Moving, flashing, sound-emitting Signs, or Signs, Revolving.
(n) Additional Sign
Standards
i.
Whenever a panel on a multi-tenant Sign is removed, the Sign owner shall replace it
with a blank panel until such time as a new tenant requires it.
ii.
An existing non-conforming Sign may continue to be displayed provided:
A. The Sign was lawfully erected on or before the day this Bylaw came into effect;
B. The Sign continues to comply with the bylaw in effect at the time of its erection;
C. Changes to the Sign are limited to normal maintenance; and
D. The Sign is not moved or materially altered.
iii. When a Sign cannot be clearly categorized as any of the Signs defined in this Bylaw,
the Development Authority shall determine the Sign type and applicable standards.
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(o) Associated Uses
In the table below:
means a Sign is Permitted
- means a Sign is Permitted and does not require an associated Use
- means a Sign is not Permitted
★ means a Sign is Discretionary
Sign, Banner
Sign, Canopy
Sign, Changeable
Message
Sign, Community
Identification
Sign, Electronic
Messaging
Sign, Fascia
Sign, Freestanding
Sign, Projecting or
Hanging Wall
Sign, Window
Residential
-
-
-
-
-
-
-
-
Lodging
-
-
-
Office
-
-
-
Retail &
Entertainment
-
-
★
Manufacturing
-
-
-
-
Institutional
-
-
-
Agriculture
-
-
-
-
-
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PART 3: LAND USE DISTRICTS
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3.7.14 Outdoor Lighting Standards
(a) All outdoor light fixtures shall be aimed downward and shielded in a manner that does not direct illumination on
to a street or adjacent Residential Use.
(b) All outdoor light fixtures shall not emit light above the bottom of the light fixture except where the light fixture is
used for accent lighting.
(c) The provisions for Section 3.7.14 do not apply to roadways or Traffic Signs.
3.7.15 Sustainable Energy
(a) Sustainable Renewable Energy systems are encouraged and supported within the Town.
(b) Solar Energy Systems shall only be located on a Façade or roof of a Building and should be integrated with
the Building design and character.
(c) Wind Turbines shall not be allowed within the Service & Employment District (SED).
3.7.16 Relocation, Demolition, or Removal of Buildings
(a) Demolition or removal of a Building is allowed in all Land Use Districts.
(b) A Demolition Permit shall be required, as per the Alberta Safety Codes Act, for the Demolition or removal of
any Building.
(c) In addition to a Demolition Permit, prior to the Demolition or removal of a Building, a Development Permit
must be approved by the Development Authority except when a Demolition or removal of a Building is a
result of a Development for which a Development Permit has already been approved and issued.
(d) Notwithstanding Subsection 3.7.16 (c), a Development Permit is not required for the Demolition or removal
of a Building that does not require a Development Permit as per Section 4.6.
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(e) Applications for a Development Permit for the Demolition or removal of a Building shall include:
i.
How the safety of the public and adjacent Buildings will be ensured;
ii.
How the Site will be cleaned and graded; and
iii. How any affected roads, sidewalks, boulevards, or utilities will be protected.
(f) A Development Permit is required when a Building is being relocated to a Site from elsewhere on the same
Site, or from another Site, and the relocated Building shall comply with the provisions of this Bylaw.
3.7.17 Historic Buildings
(a) A Development Permit application to demolish, remove, or alter a Building that is designated as a Provincial
Historic Resource shall be referred to Council and shall have the written approval of the Minister responsible
for the Historic Resources Act.
(b) A Development Permit application to demolish, remove, or alter a Building that is designated as a Municipal
Historic Resource shall be reviewed by the Development Authority r and shall comply with the provision of
the bylaw designating said Building.
3.7.18 Recreational Vehicles
(a) No person shall be allowed to keep or maintain a Recreational Vehicle in a Frontage between October 30
and April 1.
(b) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes other than in
designated campgrounds.
(c) No Recreational Vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready
removal.
(d) No Recreational Vehicle shall be connected to any public utility except for required servicing.
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PART 3: LAND USE DISTRICTS
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3.7.19 Additional Standards
(a) The Development Authority may allow a Variance of any or all of the requirements of this Bylaw, through an
application, where at the discretion of the Development Authority, the Development would not unduly
interfere with the amenities of the neighbourhood, detract from the public realm, or materially interfere with or
affect the use, enjoyment, or value of the neighbouring Lots, and the Use proposed is allowed by this Bylaw.
(b) Any standard from this Bylaw may be applied to Development within this Land Use District at the discretion of
the Development Authority in order to ensure a high-quality level of design and / or future urban development
opportunities.
(c) When a Development cannot be clearly categorized in this Bylaw, the Development Authority shall
determine all applicable standards.
(d) (All Development shall meet the requirements of the Alberta Safety Codes Act.
(e) All other Development proposals shall be at the Development Authority's discretion.
(f) All Development shall meet the Minimum Development Elevation requirements in Section 2.4. if required by
the Development Authority as per Section 2.4.3.
(g) Notwithstanding any other provisions contained in this Bylaw, no vegetation, finished Lot grade, Building or
Structure shall exceed the general elevation of the street by more than 0.76 m within the area defined as a
Corner Visibility Triangle.
(h) Sites with incomplete Development must be maintained at all times in accordance with the standards of the
Town, including but not necessarily limited to the Good Neighbour Bylaw and the General Engineering and
Construction Specifications. .
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3.7.20 The Design, Character & Appearance of Buildings
(a) The size, location, design, character and appearance of any Building or Structure requiring a Development
Permit shall be acceptable to the Development Authority having due regard to:
i.
The policies and objectives contained within the Town's Statutory Plans;
ii.
Any studies adopted as guidelines regarding Heritage Buildings and historic resources, vistas,
streetscapes, parking, mobility, public art, and open space;
iii. The character of existing Development in this Land Use District including, but not necessarily limited to,
facing materials, Building mass and architectural detailing;
iv. The character of existing Development in this Land Use District, as well as the effect on adjacent Land
Use District(s) and parcels, unless the Building or Structure, at the discretion of the Development
Authority, sets a higher standard of design, character and appearance for this Land Use District, or part
of it; and
v. Other factors such as daylight, sunlight, and privacy.
Corner
Internal
Lot
Lot
Corner
~
isibility
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angle
U1
3
7.5 m
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(b) The exterior finishing materials on the Façade of a proposed Development shall be those identified on the
approved plans for that Development.
(c) Once constructed, the Façade of the Building(s) shall be maintained to the standard shown on the Site Plan
and elevation drawings approved by the Development Authority.
(d) , Additions to any Primary Building(s) and any Accessory Building(s) shall be constructed and finished with
materials compatible with the Primary Building(s).
(e) Where a proposed Development is part of a larger area, the whole of which may eventually be designed and
developed, and for which no overall Development plan has been prepared, the Development Authority may
require the submission of a Master Site Plan before dealing with the application.
3.7.21 Drainage Standards
(a) All roof drainage from a Structure or Building must be discharged onto the Lot on which the Structure or
Building is located. No roof drainage may create any negative impact on adjacent Sites. Should any damage
occur, the owner shall be responsible all the cost of all applicable damages as determined by a qualified
professional (e.g. insurance underwriter) based on the General Engineering and Construction Specifications.
3.7.22 Pageantry Features
(a) Pageantry Features may only be located within or abutting the Development that they relate to.
(b) Pageantry Features are limited to:
i.
promoting natural and manmade attributes and amenities of the Development;
ii.
providing the names of area builders;
iii.
providing directions within the Development;
iv.
indicating the general price range of housing products.
(c) Pageantry Features must not:
i.
be installed so as to obstruct or impede free and clear vision for motorists and pedestrians and in so
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doing create a traffic hazard;
ii.
interfere with, or cause confusion with, any authorized sign, signal or traffic control device and in so
doing create a traffic hazard;
iii.
impede pedestrians from using the sidewalk system;
iv.
create any other safety issue under the regulations of the Town of High River Traffic Bylaw or the
Traffic Safety Act, RSA 2000; or
v.
cause any damage to any Town owned trees (through installation, placement or removal) or result in
any pruning to improve visibility of Pageantry Features.
(d) Pageantry Features may include the following types:
i.
freestanding signs, provided the signs do not exceed 2.0 metres in height and 3.0 square metres in
sign area and are securely inserted into the ground (skids, concrete blocks, and similar types of
footings will not be permitted);
ii.
flags and flag poles;
iii.
banners and banner poles; or
iv.
any other decorative feature where, in the opinion of the Development Authority, the feature is
consistent with the intent of these regulations.
(e) All Pageantry Features within a Development must be coordinated, cohesive and have a consistent theme.
(f) All Pageantry Features within a Development must be kept in good repair at all times.
(g) There is no limitation to the number of Pageantry Features that can be proposed and approved in a
Development under a single application. However, the Development Authority reserves the right to restrict
the number of Pageantry Features approved for a Development based on the suitability of the location and
design of the Pageantry Features.
(h) A Development Permit shall only be provided for up to a maximum of 5 years, at which time a new or renewed
Development Permit shall be required. Pageantry shall be removed within thirty days of the final Lot or unit of the
Development being sold by the developer.
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3.8
DIRECT CONTROL GENERAL PROVISIONS
3.8.1
Direct Control Districts are for the purpose of
providing for Developments that, due to their
unique characteristics, innovative ideas or
unusual Site constraints, require specific
regulation unavailable in other Land Use
Districts.
3.8.2
An Applicant for a Direct Control District must
provide a written statement indicating why, in
the Applicant's opinion, a Direct Control
District is necessary and why the same result
cannot be achieved through the use of a Land
Use District in this Bylaw.
3.8.3
In evaluating an application for a Direct Control
District, Council shall take into account the
objectives and policies contained in the Town
Plan and any Area Structure or Area
Redevelopment Plans that relate to the area.
3.8.4
Council shall establish appropriate
Development standards in the bylaw
approving a Direct Control District and shall
also identify whether Council or the Town
Manager will be the Development Authority
to decide on subsequent Development Permit
applications.
3.8.5
In Direct Control Districts where Council is the
Development Authority, decisions on minor
Development Permit applications are hereby
delegated to the Chief Administrative Official
or his / her delegate. For the purposes of this
Section, minor Development Permits shall be:
(a) Signs;
(b) Home Occupations, Major; and
(c) Changes of Use or Intensifications of Use
that comply with the Bylaw and require
minimal or no Variance.
3.8.6
Where a Site is designated a Direct Control
District:
(a) Pursuant to this Bylaw, a reference to a
Section of this Bylaw within the Direct
Control bylaw is deemed to be a reference
to the Section as amended from time to
time, unless a contrary intent is stated in
the Direct Control bylaw;
(b) Pursuant to a previous land use bylaw and
where such designation is continued
pursuant to this Bylaw, the Direct Control
bylaw, as approved by Council at the time
such designation was made, will continue
to apply, unless a contrary intent is set out
in the Bylaw designating the Site Direct
Control.
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4.1
DEVELOPMENT AUTHORITY
4.1.1
The Development Authority shall administer
this Bylaw and decide upon all Development
Permit applications except those in Direct
Control Districts where Council is authorized to
be the Development Authority.
4.1.2
The Development Authority:
(a) Shall keep and maintain for inspection by
the public during office hours, a copy of
this Bylaw and all amendments thereto
and ensure that copies of same are
available to the public at reasonable
charge;
(b) Shall maintain an up-to-date version of this
Bylaw on the Town's website;
(c) Shall make available for inspection by the
public during office hours and post on the
Town's website all applications and
decisions for Development Permits;
(d) May refuse to accept a Development
Permit application where insufficient
information is provided or the quality of the
information provided is inadequate to
properly evaluate the application or the
applicable application fee has not been
paid;
(e) May mail a notice to all landowners within
40.0 metres of the subject Site or post a
notice on the Site of an application for a
Development Permit to request
comments from persons who may be
affected, prior to rendering a decision;
(f) Shall consider and decide on applications
for Development Permits within forty
days of the receipt of the application in its
complete and final form or within such time
as may be agreed to, in writing, by the
Applicant;
(g) Shall approve all Development Permit
applications for a "Permitted Use" with or
without conditions, if the application
conforms in all respects to the provisions
of this Bylaw;
(h) Shall not approve any Development
Permit application for the Use of land or a
Building not listed as a "Permitted Use"
or "Discretionary Use" in the district in
which the Building or Site is situated;
(i) Shall not approve an application for a
Development Permit that is not in
conformity with the Town's Statutory
Plans.
4.1.3
In making a decision on a Development
Permit application for a "Discretionary Use,"
the Development Authority may:
(a) Approve the application; or
(b) Approve the application subject to
conditions and restrictions considered
appropriate or necessary; or
(c) Refuse the application.
4.1.4
Notwithstanding Subsections 4.1.2 (f) and
4.1.3, the Development Authority may allow
a Variance of any or all of the requirements of
this Bylaw, through an application, where at
the discretion of the Development Authority,
the Development would not unduly interfere
with the amenities of the neighbourhood,
detract from the public realm, or materially
interfere with or affect the use, enjoyment, or
value of the neighbouring parcels of land and
the Use proposed is allowed by this Bylaw.
4.1.5
Typical associated uses of a Residential Use
are Permitted and do not require a
Development Permit including, but not limited
to backyard agriculture, beekeeping, and / or
chicken husbandry. Any additional bylaws or
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219
standards are still applicable.
4.2
SUBDIVISION AUTHORITY
4.2.1
The Subdivision Authority shall administer
this Bylaw in matters relating to Subdivision
and must decide on all Subdivision
applications.
4.2.2
The Subdivision Authority:
(a) Shall make available for inspection by the
public during office hours and post on the
Town's website all applications and
decisions for Subdivision approval;
(b) Shall refer for comment, applications for
Subdivision to those authorities and
agencies prescribed within the Subdivision
and Development Regulation and this
Bylaw;
(c) Shall request comments from adjacent
property owners on applications for
Subdivision only when the Site is not
within an approved Area Structure Plan or
an approved Area Concept Plan;
(d) Shall refer for comment an application for
Subdivision to the Foothills County when
the Site is within 800.0 metres of the
Town boundaries;
(e) Shall prepare, sign, and transmit all
notices of decisions on applications for
Subdivision;
(f) Shall review instruments for Land Titles
registration for conformity with the
Subdivision Authority's decision;
(g) May endorse Land Titles instruments in
order to effect the registration of the
Subdivision of land.
4.2.3
After the specified time period from the date of
referral to authorities, agencies, or landowners,
the application may be dealt with by the
Subdivision Authority, whether or not
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comments have been received, unless an
extension is agreed upon.
4.2.4
The Subdivision Authority shall not approve
an application for Subdivision for a Use which
is not listed as a "Permitted Use" or
"Discretionary Use" in this Bylaw.
4.2.5
The Subdivision Authority may refuse to
accept an application for Subdivision if the
information specified in Section 4.11 has not
been provided.
4.2.6
In making a decision on a Subdivision
application the Subdivision Authority may:
(a) Approve the application; or
(b) Approve the application subject to
conditions and restrictions considered
appropriate or necessary; or
(c) Refuse the application.
4.2.7
The Subdivision Authority may approve the
application for Subdivision even though the
proposed Subdivision does not comply with
this Bylaw if, at its discretion, the proposed
Subdivision would not unduly interfere with
the amenities of the neighbourhood, or
materially interfere with or affect the use,
enjoyment or value of neighbouring parcels of
land, and the proposed Use is allowed in the
applicable Land Use District.
4.2.8
The Subdivision Authority shall appear at
Appeal hearings of the Municipal Government
Board and the Subdivision and Development
Appeal Board to explain decisions relating to
applications for Subdivision.
4.3
AMENDMENTS TO THIS BYLAW
4.3.1
Council may, by bylaw, amend or repeal this
Bylaw.
4.3.2
Prior to granting second reading to a proposed
bylaw that amends or repeals this Bylaw,
Council shall hold a public hearing in
accordance with the Municipal Government
Act.
4.3.3
Any amendments to this Bylaw shall comply
with the Town's statutory plans.
4.3.4
An application to amend this Bylaw may be
made by any person by submitting the
following to the Development Authority:
(a) The prescribed application form, properly
completed and signed;
(b) The fee, as established by Council
resolution;
(c) In the case of a redesignating
amendment:
i.
Plan(s) showing the lands which are
the subject of the amendment,
ii.
Written authorization from the
registered owner(s) of the said lands,
and
iii. A current copy of the Certificate of
Title for the said lands;
(d) A written statement of the Applicant's
reason for the application; and
(e) Any other supporting information which, at
the discretion of the Development
Authority, is necessary to assess the
application.
4.3.5
When the Town initiates a change in land use
designation for land which it does not own, the
Town must, in accordance with the
requirements of the Municipal Government Act,
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give notice to the owners of the land that is the
subject of the proposed amendment.
4.3.6
When an application for a change in land use
designation has been refused, the
Development Authority may refuse to accept
an application until six months has lapsed from
the date of the refusal.
4.4
FORMS, NOTICES, AND FEES
4.4.1
For the purposes of administering the
provisions of this Bylaw, various forms and
notices may be prepared by the Development
Authority and Subdivision Authority and the
use of such forms and notices are deemed to
have the full force and effect of this Bylaw in
execution of the purpose for which they were
designed, authorized, and issued.
4.4.2
Fees to be charged for the processing of
applications required by this Bylaw are
approved annually by Council resolution.
4.4.3
The forms, notices, and fee schedules
authorized pursuant to this Bylaw may be
posted, issued, mailed, emailed, served, or
delivered in the course of the Development
Authority's or Subdivision Authority's
duties.
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4.5
APPLICATION FOR A DEVELOPMENT
PERMIT
4.5.1
Except as provided in Section 4.6 of this Bylaw,
no person shall undertake any Development
unless:
(a) A Development Permit has first been
issued pursuant to this Bylaw; and
(b) The Development is proceeded with in
accordance with the terms and conditions
of the Development Permit issued in
respect of the Development.
4.5.2
An application for a Development Permit for
Development shall be made to the
Development Authority using the prescribed
form and required checklist signed by the
owner or the agent and accompanied by the
following items unless otherwise agreed with
the Development Authority:
(a) Copies of the Site, floor, elevation, and
landscaping plans in accordance with the
checklist, drawn to scale, in metric
dimensions which show the following:
i.
Legal description of the Site with
north arrow;
ii.
Area and dimensions of the land to be
developed including Lot Coverage,
Setbacks, Frontage Build-Out, and /
or parking;
iii. Exterior finishing materials,
architectural design features and all
locations and dimensions of Frontage
elements including Transparency,
entrances, and landscaping;
iv. The height, dimensions, and
relationship to property lines of all
existing and proposed Buildings and
Structures including retaining walls,
trees, landscaping, and other physical
features;
v. The removal of trees if applicable;
vi. Existing and proposed Access to and
from the Site;
vii. Site drainage, finished Lot Grades,
and the Grades of the roads, streets,
and sewers servicing the property;
viii. Locations and distances of on-site
existing or proposed water and sewer
connections, septic tanks, disposal
fields, water wells, culverts, and
crossings; and
ix. Information on the method to be used
for the supply of potable water and
disposal of waste along with
supporting documentation.
(b) A copy of the Certificate of Title;
(c) If the Applicant is not the owner of the
land, a letter from the owner authorizing
the Applicant to act on his / her behalf;
and
(d) The Development Permit fee as
prescribed by Council.
(e) Number of units proposed;
(f) Loading and parking provisions;
(g) Location of any fire hydrants;
(h) Garbage and storage areas and the
fencing and screening proposed for same;
(i) Location and approximate dimensions of
all existing and proposed trees, Shrubs,
parks, playgrounds, etc.;
(j) A statement clearly describing how the
positive and / or negative potential impacts
of the proposed Development on adjacent
lands will be dealt with and how the
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proposed facilities have been designed to
address those impacts;
4.5.3
In addition to the information required under
Section 4.5.2, the following information may be
required by the Development Authority
depending on the scale, type, and location of
the proposed Development:
(a) Information describing any noxious, toxic,
radioactive, flammable, or explosive
materials that may be included in the
proposed Development;
(b) In relation to a special event or temporary
Use, the duration and time periods for the
operation of the facility or event;
(c) Methods to control traffic, dust, and noise;
(d) Method(s) for providing on-site security;
(e) Hydrological study detailing water sources
for domestic consumption and irrigation
purposes, method(s) for managing on-
and off-site drainage and irrigation
systems and the effects the drainage and
irrigation systems will have on the Site,
adjacent lands and water courses;
(f) Information and documentation on
proposed methods of maintaining
landscaped areas or golf course
Development including the use of
herbicides, pesticides, fungicides and
other chemicals, their impacts on the
environment, and mitigating measures
that will be employed to minimize any
adverse effects;
(g) Environmental Impact Analysis on the
effects the Development would have on
the existing vegetation, water courses,
wildlife habitats, migration patterns; and /
or
(h) A Geotechnical Assessment, prepared by
a qualified professional, on the
subsurface characteristics of the Site's
suitability to:
i.
Sustain sewage disposal systems if
the intended Use is not to be served
by a piped municipal wastewater
system; and
ii.
Support Building foundations and
withstand slumping or subsidence on
lands suspected of having foundation
problems; and / or
(i) The estimated commencement and
completion dates.
4.5.4
The Development Authority may require
additional information or additional copies of
the plans and specifications as is deemed
necessary.
4.5.5
The application shall not be deemed to be in its
complete and final form until all required details
have been submitted to the satisfaction of the
Development Authority.
4.5.6
If, at the discretion of the Development
Authority, land upon which Development is
proposed has the potential for subsidence, the
Development Authority may require the
Applicant to submit one or more of the
following documents prepared and sealed by a
qualified professional engineer in order to
demonstrate that any potential hazards can be
mitigated to an acceptable level:
(a) A structural building plan;
(b) A slope stability analysis;
(c) A geotechnical report; and / or
(d) A flood mapping analysis
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4.6
ISSUANCE OF DEVELOPMENT PERMITS
AND NOTICES
4.6.1
A Development Permit issued pursuant to this
Bylaw is not a Building Permit and,
notwithstanding that plans and specifications
for Buildings may have been submitted as
part of an application for a Development
Permit, work or construction shall neither
commence nor proceed until a Building
Permit has been issued pursuant to applicable
bylaws and regulations.
4.6.2
When an application for a Development
Permit is approved for:
(a) A Permitted Use that complies in all
respects to the provisions of this Bylaw
and without conditions, the notice of
decision shall be sent by electronic mail or
ordinary mail to the Applicant; or
(b) A Permitted Use that requires a Variance
or has been approved with conditions or
the approval is for a Discretionary Use,
the notice of decision shall be posted on
the Town's website and shall be sent by
electronic mail or ordinary mail to the
Applicant and at the discretion of the
Development Authority, a notice stating
the civic address and the nature of the
Use or Development may be:
i.
Published in a local media circulating
within High River; or
ii.
Sent by electronic mail or ordinary
mail to adjacent land owners; or
iii. Posted conspicuously on the property.
4.6.3
When an application for a Development
Permit is refused, the notice of decision shall
be sent by electronic mail or ordinary mail to
the Applicant and shall be posted on the
Town's website.
4.6.4
For purposes of this Bylaw, the notice of
decision of the Development Authority on an
application for a Development Permit is
deemed to have been given and to have been
received:
(a) In the case of a decision of refusal on an
application for a Development Permit,
five days from the date that the notice of
decision is sent by electronic mail or
ordinary mail to the Applicant;
(b) In all other cases, on the date the notice of
decision is published or posted on the
property, or five days from the date that
notice of decision is sent by electronic mail
or ordinary mail to adjacent landowners.
4.6.5
When a Development Permit has been
issued but an Appeal to the Subdivision
Development and Appeal Board or Court of
Appeal has been commenced, any action
taken by the permit holder in proceeding with
the Development is at the sole risk of the
permit holder.
4.6.6
An application for a Development Permit
shall, at the option of the Applicant, be
deemed to be refused when a decision therein
is not made within forty days after the receipt
of the application in its complete and final form
by the Development Authority. The
Applicant may Appeal in writing as though he
had received a decision of refusal.
4.6.7
When an application for a Development
Permit has been refused pursuant to this
Bylaw or ultimately after Appeal pursuant to
the Municipal Government Act, the submission
of another application for a Development
Permit on the same parcel of land for the
same or for a similar Use of the land, by the
same or any other Applicant, may be refused
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by the Development Authority for at least six
months after the date of refusal.
4.6.8
If the Development authorized by a
Development Permit is not commenced within
12 months from the date of its issue and
completed within 24 months of the issue, the
permit is deemed to be cancelled, unless an
extension to this period shall first have been
granted by the Development Authority.
4.7
DEVELOPMENT AGREEMENT
4.7.1
The Development Authority may conditionally
approve any Development Permit, subject to
a Development Agreement.
4.7.2
If a Development Agreement is required, it
must be entered into between the Town and
the developer / Applicant as per Section 650
of the Municipal Government Act. The
Development Agreement shall be registered
on the Certificate of Title to the satisfaction of
the Town.
4.7.3
A Development Agreement may contain
provisions requiring a security in an amount to
be determined by the Town and in a form
acceptable to the Town to guarantee the
execution of the items listed in the
Development Agreement.
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4.8
CONDITIONS OF APPROVAL
4.8.1
In a decision to approve an application for
Development, the Development Authority
may apply any or all of the following conditions
to ensure the application conforms to this
Bylaw, Municipal Government Act, or other
legislation:
(a) A condition that the Applicant enter into a
Development Agreement with the Town
for any of the following:
i.
To construct or pay for the
construction of a pedestrian walkway
system to serve the Development;
ii.
To construct or pay for utilities,
roadways, and improvements with an
excess capacity;
iii. To construct or pay for the
construction of off-street or other
parking facilities, garbage, recycling,
loading, and unloading facilities; and
iv. To pay an off-site levy or
redevelopment levy, or both, imposed
by a bylaw adopted pursuant to the
Municipal Government Act.
(b) A condition requiring the Applicant to
repair or reinstate, or to pay for the repair
or reinstatement, to original condition any
roads, municipal signage, curbing,
sidewalk, or boulevard landscaping, street
furniture and tree planting which may be
damaged, destroyed, or otherwise harmed
during construction of the Development;
(c) Conditions respecting the time within
which a Development is to be completed;
(d) Conditions limiting the length of time that a
Development Permit may continue in
effect and the phasing of Development;
(e) The placement of Buildings or
Structures material or any other chattel,
mechanism, or device used in, or for the
operation of the Development;
(f) Conditions respecting design, character,
or appearance of a Development, as per
each Land Use District; and
(g) Conditions respecting landscaping, tree
preservation, and screening.
4.8.2
In addition to the conditions that the
Development Authority may impose under
Section 4.8.1, the Development Authority
may impose other conditions as are
considered necessary to ensure that this
Development complies with this Bylaw, any
Statutory Plan, or other applicable bylaw.
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4.9
DEVELOPMENT COMMENCEMENT
4.9.
Development shall not commence before the
date of validity on the Development Permit
unless the Applicant has signed the "Voluntary
Waiver of Claims" form.
4.10
DEVELOPMENT PERMIT REVISION,
SUSPENSION, OR CANCELLATION
4.10.1 Revisions to approved Development Permit
drawings prior to Development Permit
issuance are allowed, subject to the discretion
of the Development Authority.
4.10.2 Applications for a plan revision after
Development Permit issuance shall be made
in writing to the Development Authority in the
form of an Amending Agreement and shall
state the reasons for the revision.
4.10.3 Applications for a plan revision after
Development Permit issuance shall be
accompanied by the required fee. If revisions
to the related Development Agreement. are
required, the application shall be accompanied
by the required fee.
4.10.4 The decision on applications for plan revisions
after Development Permit issuance shall be
made by the Development Authority.
4.10.5 The approval of applications for plan revisions
after Development Permit issuance may be
subject to additional conditions, at the
discretion of the Development Authority.
4.10.6 If requests for plan revisions are, at the
discretion of the Development Authority,
significant enough to amount to a material
change in the nature of the Development, a
new Development Permit application must be
submitted.
4.10.7 Requests for suspension or cancellation of a
Development Permit shall be made in writing
to the Development Authority and shall state
the reasons for the suspension or cancellation.
4.10.8 Whenever it appears to the Development
Authority that a Development Permit has
been obtained by fraud or misrepresentation or
has been issued in error, the Development
Authority may suspend or cancel the
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Development Permit.
4.11
APPLICATION FOR SUBDIVISION
4.11.1 An application for Subdivision approval shall
be made to the Subdivision Authority using
the prescribed form, signed by the owner or
agent and accompanied by:
(a) Copies bearing an original signature and
photocopies of the application form and
copies of either a sketch or plan drawn to
scale in metric dimensions showing the
following:
i.
The location, dimensions and
boundaries of the parcel to be
subdivided;
ii.
The proposed Lot(s) to be registered
in a Land Titles Office;
iii. The location, dimensions, and
boundaries of each new Lot to be
created and any reserve land;
iv. Existing Rights-of-Way of each
public utility or other Rights-of-Way;
v. The location, Use, and dimensions of
Buildings on the parcel that is the
subject of the application and
specifying those Buildings that are
proposed to be demolished or moved;
vi. The location and boundaries of the
bed and shore of any river, stream,
watercourse, lake, or other body of
water that is contained within or
bounds the proposed parcel of land;
vii. The location of any existing or
proposed wells, any private sewage
disposal systems, and the distance
from these to existing or proposed
Buildings and existing or proposed
Lot Lines; and
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viii. Existing and proposed Access to the
proposed Lot(s) and the remainder of
the parcel.
(b) Current title searches or photocopies of
the existing registered Certificates of Title
in a Land Titles Office showing all
ownership interests and easements within
the parcel to be subdivided; and
(c) A Real Property Report if the Lot
contains existing Buildings that will
remain.
4.11.2 In addition to the information required under
Section 4.12.1, the following information may
be required by the Subdivision Authority
depending on the scale, type, and location of
the proposed Development:
(a) Ground water information and information
regarding the supply of potable water if the
intended Uses are not served by a piped
municipal system;
(b) A Geotechnical Assessment, stamped by
a qualified professional, on the subsurface
characteristics of the Site's suitability to:
i.
Sustain sewage disposal systems if
the intended Use is not to be served
by a piped municipal wastewater
system; and / or
ii. Support Building foundations and
withstand slumping or subsidence on
lands.
(c) Statistics in tabular form showing
calculations of the gross area of land in
the plan area and the allocation of that
land to streets, Lanes, Lots, Municipal
Reserve, Municipal and School Reserve,
School Reserve, and Environmental
Reserve;
(d) Where a Lot is proposed to be subdivided
from a larger Lot, the whole of which may
eventually be subdivided and no
Neighbourhood Outline Plan has been
provided, the general design of the larger
Lot shall be shown;
(e) A plan showing resources, such as trees,
ravines, views, and other similar natural
features which are influential to the
Subdivision of the area;
(f) An appraisal of the market value of the
land when money in place of land
dedication for Municipal Reserve is
proposed. The appraisal must be prepared
in accordance with the Municipal
Government Act and must be submitted
with the application; and
(g) An Historical Resources Impact
Assessment on lands that have been
identified or suspected as containing a
Registered Historical Resource or within
60 metres of public lands set aside for Use
as historical Sites.
4.11.3 If an application for Subdivision is refused,
the Subdivision Authority may refuse to
accept another application for Subdivision for
the same or part of the same land within a 6-
month period of the refusal.
4.11.4 A decision on an application for Subdivision
approval is not an approval to develop,
construct, or build on the land. Site grading,
earthwork, or any other construction shall not
commence nor proceed until a Development
Agreement has been signed or, where
applicable, a Development Permit has been
applied for and issued.
4.11.5 When an application for a Subdivision is
approved, with or without conditions, or
refused, the transmittal of decision shall be
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230
sent by electronic mail or ordinary mail to the
Applicant and those persons and authorities
that are required to be given a copy of the
application under the Subdivision and
Development Regulation.
4.11.6 For purposes of this Bylaw, the date of the
transmittal of decision of the Subdivision
Authority on an application for Subdivision is
the date the decision was transmitted to the
Applicant and those persons required to be
notified.
4.11.7 The Applicant or those Government Agencies
to which the application for Subdivision was
referred may Appeal the decision in
accordance with the Municipal Government
Act.
4.11.8 At the option of the Applicant an application
for a Subdivision approval shall be deemed to
be refused when a decision therein is not
made within 21 days for an application
described in Section 652 (4) of the Municipal
Government Act and 60 days in all other cases
after the receipt of the application in its
complete and final form by the Subdivision
Authority. The Applicant may Appeal to the
Subdivision and Development Appeal
Board as though the Applicant had received a
decision of refusal.
4.11.9 Notwithstanding Section 4.11.8, the Applicant
may agree in writing, to extend the time period
for making a decision on an application for
Subdivision.
4.12
SUBDIVISION AGREEMENT
4.12.1 The Subdivision Authority may conditionally
approve a Subdivision application subject to a
Subdivision Agreement.
4.12.2 If a Subdivision Agreement is required in
accordance with Section 4.12.1, it must be
entered into between the Town and the
landowner / Applicant, as per Section 650 of
the Municipal Government Act. The
Subdivision Agreement may be registered on
Title to the satisfaction of the Town.
4.12.3 A Subdivision Agreement may contain
provisions requiring a security in an amount to
be determined by the Town and in a form
acceptable to the Town to guarantee the
execution of the items listed in the
Subdivision Agreement.
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231
4.13
MUNICIPAL INSPECTION AND RIGHT OF
ENTRY
4.131
The Development Authority, Subdivision
Authority, Bylaw Enforcement Officer, or
such other designated person, is the "Officer"
for the purposes of Section 4.14 to Section
4.17 inclusive.
4.13.2 Pursuant to Section 542 of the Municipal
Government Act, an Officer may enter land or
a Building if:
(a) Reasonable notice has been given to the
owner or occupier; or
(b) The entry is authorized by an Order of the
Court of Queen's Bench;
and then only for the purpose of ensuring
compliance with the Municipal Government Act
and the Regulations thereunder, or this Bylaw.
4.14
STOP ORDER
4.14.1 If an Officer finds that a Development or Use
of land or Buildings is not in accordance with
the Municipal Government Act, a
Development Permit, a Subdivision
approval, or this Bylaw, the Officer may, by
notice in writing, order the registered owner,
the person in possession of the land or
Buildings, the person responsible for the
contravention, or any or all of them to:
(a) Stop the Development or Use of the land
or Building in whole or part as directed by
the notice;
(b) Demolish, remove, or replace the
Development; or
(c) Take other measures as specified in the
notice so that the Development or Use of
the land or Building is in accordance with
the Municipal Government Act, and the
Regulations thereunder, a Development
Permit, Subdivision approval, or this
Bylaw, within the time specified by the
notice.
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232
4.15
OFFENCES AND PENALTIES
4.15.1 Any person who contravenes any provisions of
this Bylaw by doing any act or thing which the
person is prohibited from doing or by failing to
do any act or thing the person is required to do
is guilty of an offence.
4.15.2 Any person who makes use of land or a
Development in a manner contrary to the
provisions of this Bylaw is guilty of an offence.
4.15.3 Any person who is convicted of an offence
pursuant to this Bylaw is liable on summary
conviction to a fine and in default of payment of
any fine imposed, to a period of imprisonment.
4.15.4 Where an Officer believes that a person has
contravened any provision of this Bylaw, the
Officer may commence proceedings against
the person by issuing a violation ticket
pursuant to the Provincial Offences
Procedures Act.
4.15.5 Specified penalties for offences in relation to
this Bylaw shall be as approved by Council in
the current Bylaw regulating the rates for
services, sale of goods, fines, and other
charges.
4.15.6 If a person is convicted twice of the same
provision of this Bylaw the specified penalty for
the second conviction is twice the amount of
the specified penalty for a first offence.
4.15.7 If a person is convicted three or more times of
the same provision of this the specified penalty
for the third and subsequent convictions is
three times the amount of the specified penalty
for a first offence.
4.15.8 This Section does not prevent any Officer from
issuing a violation ticket requiring a court
appearance of the defendant, pursuant to the
provisions of the Provincial Offences
Procedures Act, or from providing information
in lieu of issuing a violation ticket.
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233
4.16
OTHER REMEDIES
4.16.1 Nothing in this Bylaw diminishes or in any way
affects the powers of an Officer to issue Orders
for compliance or in any way affects any
person's rights to Appeal an Order.
4.16.2 Nothing in this Bylaw diminishes or in any way
affects the provisions of the Municipal
Government Act relating to offences and
penalties.
4.16.3 Nothing in this Bylaw diminishes or in any way
affects the rights of the Town pursuant to the
Municipal Government Act, or at common law
to seek an entry order, order for compliance,
injunction, or any other order to obtain
compliance with this Bylaw.
4.16.4 The levying and payment of any fine or the
imprisonment for any period provided in this
Bylaw does not relieve a person from the
necessity of paying any fees, charges, or costs
for which that person is liable under the
provisions of this Bylaw, any other bylaw or
other enactment.
4.17
SPECIAL ENFORCEMENT RELATING TO
SIGNS
4.17.1 Every Sign owner must ensure that their Signs
are in compliance with all applicable
regulations. More than one Sign owner may be
subject to enforcement respecting the same
Sign.
4.17.2 When a Sign subject to this Bylaw no longer
fulfils its function under the terms of the
Development Permit, an Officer may issue an
Order for the removal of the Sign to the Sign
owner or property owner, and the person to
whom the Order is issued must:
(a) Within thirty days from the receipt of the
Order, remove the Sign and all related
structural components including removing
or screening exposed base and
foundations to the satisfaction of the
Officer;
(b) Restore the immediate area around the
Sign to the satisfaction of the Officer
including the ground or any Building to
which the Sign was attached, as close as
possible to its original form prior to the
installation of the Sign; and
(c) Bear all the costs related to the removal
and restoration.
4.17.3 Where an Officer believes that any Sign is not
authorized or in compliance with this Bylaw
and the Officer has made every reasonable
attempt to obtain compliance, the Officer may
enter onto the property and remove the Sign
without prior notice to any person.
4.17.4 Immediately following the impoundment of a
Sign pursuant to Section 4.17.3, the
impounding Officer must provide written notice
of the impoundment to the Sign owner when
the identity of such person is ascertainable.
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4.17.5 The impounding Officer may cause the Sign to
be destroyed or disposed of without incurring
any obligation to compensate any party for the
destruction or disposal of the Sign:
(a) Within fourteen days of issuing the notice
referred to in Section 4.17.4, if the Sign
owner is ascertainable; or
(b) Within fourteen days of the Sign being
impounded, prior to its destruction, if the
Sign owner is not ascertainable.
4.17.6 Prior to the destruction of a Sign contemplated
by Section 4.17.5, a Sign owner may reclaim a
Sign that has been impounded, but the Sign
will not be returned to the Sign owner unless
and until payment for all impoundment and
storage fees is made.
4.17.7 The fees for impoundment referred to in
Section 4.17.6 shall be determined by Council
resolution.
4.18
NON-CONFORMING BUILDINGS & USES
4.18.1 If a Development Permit has been issued on or
before the date on which this Bylaw, or a Land
Use Amendment bylaw comes into force within
the Town, and the bylaw would make the
Development in respect of which the
Development Permit was issued a Non-
Conforming Building or Non-Conforming
Use, the Development Permit continues in
effect in spite of the coming into force of the
bylaw.
4.18.2 A Non-Conforming Building or Non-
Conforming Use may be continued, but if that
Use is discontinued for a period of 6
consecutive months or more, any future Use of
the land or Building must conform with this
Bylaw.
4.18.3 A Non-Conforming Use or part of a Building
may be extended through the Building, but the
Building, whether or not it is a Non-
Conforming Building, may not be enlarged or
added to, and no structural alterations may be
made to it or in it.
4.18.4 A Non-Conforming Use or part of a Lot may
not be extended or transferred in whole or in
part to any other part of the Lot, and no
additional Buildings may be constructed on
the Lot while the Non-Conforming Use
continues.
4.18.5 A Non-Conforming Building may continue to
be used but the Building may not be enlarged,
added to, rebuilt, or structurally altered except:
(a) As may be necessary to make it a
conforming building; or
(b) As may be deemed necessary by the
Development Authority for the routine
maintenance of the Building, or
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(c) In accordance with this Bylaw that
provides minor Variance powers to the
Development Authority for the purposes
of this Section.
4.18.6 If a Non-Conforming Building is damaged or
destroyed by fire or other causes to an extent
of more than 75.0 percent of the value of the
Building above its foundation, the Building
shall not be repaired or rebuilt except in
conformity with the provisions of this Bylaw. A
value estimate shall be provided by a qualified
professional, including but not necessarily
limited to a real estate appraiser or a
professional engineer, to the satisfaction of the
Development Authority.
4.18.7 When a Building is a Non-Conforming
Building, the Development Authority may
allow an extension of, or an Addition to, the
Building, if such extension or such Addition
will not in itself create or add to the non-
conformance, and if such extension or
Addition complies with the provisions of this
Bylaw.
4.18.8 The Use of land or of a Building is not affected
by reason of a change of ownership, tenancy,
or occupancy of the land or Building.
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236
5.1
DEFINITIONS
Accessory means a Structure or Use that provides
support to the Primary Structure or Use. Where
an Accessory Structure is attached to a Primary
Structure by a roof or an open or enclosed
Structure, it is considered to be part of the
Primary Structure, and shall comply with all
requirements applicable to the Primary Structure.
Active Recreation means leisure activities that require
the Development of a Site, including indoor and /
or outdoor facilities. Uses may include, but are not
limited to, parks, swimming pools, gyms, field
sports, arenas, batting cages, golf courses.
Addition means any construction that increases the
size of a Structure in terms of Site coverage, or
height.
Additional Dwelling Unit means a Dwelling Unit
attached to, created within, or detached from the
Primary Dwelling Unit, where both Dwelling
Units are located on the same Lot.
Adult Establishment means a business that sells or
disseminates explicit sexual material, and at which
access to the public display of explicit sexual
material is restricted by law to persons eighteen
years of age or older.
Afterlife Care means a facility where the deceased are
prepared for burial display and / or for rituals before
burial or cremation. Such facilities may include
chapels, crematoriums, and showrooms for the
display and sale of caskets, vaults, urns, and other
items related to burial services. Cemeteries
requiring land and / or Structures dedicated for the
internment of human and / or animal remains may
be included.
Agriculture means a category of Uses that include
premises available for growing of plants or raising
of livestock for the purpose of commercial food
production.
Alteration means any construction that changes the
size or appearance of a Structure.
Amusement Facility means an indoor or outdoor
facility for spectator and participatory Uses
including, but not limited to, movie theatres, bowling
alleys, pool halls, fairgrounds, etc.
Appeal means a method for obtaining review of a
decision, determination, order, or failure to act.
Applicant means a property owner, a person holding
an option or contract to purchase a property, or any
other person authorized in writing to act for such
persons, who submits and application under the
provisions of this Bylaw.
Architectural Feature means a design feature utilized
to create articulation and visual interest on a
Building Façade and can include, but is not
necessarily limited to colour and/or material
changes, recesses, overhangs, projections, offsets,
balconies, bays, porches, porticos, or similar
elements.
Arts & Culture means a facility or space operated by
one or more organizations and used for arts,
religion, and / or cultural activities.
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Balcony means a horizontal platform that is attached
to a Building above the first Storey level and is
intended for use as an outdoor amenity space.
Basement means that portion of a Building which Is
located below the main floor and Is either partially
or fully below Grade.
Bay means a self-contained unit of part of a building or
the whole building which can be sold or leased for
individual occupancy
Bed & Breakfast means a Dwelling Unit that provides
Lodging for a nightly fee in guest rooms with no in-
room cooking facilities where the Owner or
Manager is a resident of the Dwelling Unit and
Guest stays are limited to a maximum of 14
consecutive days.
Bicycle Stair Channel means a pedestrian stairway
which also has a channel alongside it to facilitate
walking a bicycle up or down the stairway and is
intended to be sufficient to guide a variety of bicycle
tires without binding or causing damage.
Block means all contiguous lots, Passages, and Lanes
bounded by Thoroughfares, Rights-of-Way, or
Public Parks.
Block Face means the aggregate of all the Primary
Frontages on one side of a Block.
Block Length means the length of one Block.
Block Perimeter means the aggregate of all Block
Side lengths.
Building means anything 10.0 square metres and
greater constructed or placed in, on, over, or under
land, but does not include a highway or a public
roadway, or bridge forming part of a highway or
public roadway.
Building Height means the height of a Building as
measured in Storeys up to the Eave and does not
include the roof, attic, raised basement, or other
Accessory Structure.
Building Permit means a permit issued by a
designated Safety Codes Officer within the building
discipline pursuant to the Municipal Building Permit
Bylaw authorizing the commencement of a Use,
occupancy, relocation, renovation, construction, or
Demolition of any Building.
Bylaw Enforcement Officer means a person appointed
by the Town to enforce the provisions of this Bylaw,
and includes a member of the Royal Canadian
Mounted Police and a Community Peace Officer.
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Café means a business where food and beverages are
prepared for and served to patrons for consumption
on-premises or off-premises, but does not include a
Drive Through Facility.
Caliper means the diameter of a tree trunk as
measured fifteen centimetres above the root collar,
which is at the base of the tree where the tree's
roots join the trunk.
Cannabis means Cannabis plant, fresh Cannabis,
dried Cannabis, Cannabis oil, Cannabis plant
seeds, and any other substance defined as
cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time and
includes edible products that contain Cannabis.
Cannabis Store means an establishment licensed by
the Province of Alberta where Cannabis is sold for
consumption off the premises that may include
ancillary retail sales of merchandise and where
counselling on Cannabis may be provided.
Cannabis Counselling Business means an
establishment where counselling on Cannabis is
provided, where consumption of Cannabis must
not occur, where the dispensing or sale of
Cannabis must not occur and may include the
ancillary retail sale or rental of merchandise.
Cannabis Facility means a use where Cannabis is
grown, processed, packaged, tested, stored, or
destroyed where a license for all activities
associated with Cannabis growing, processing,
packaging, testing, storage, or destruction has
been issued by Health Canada and must include
odour mitigation measures to the satisfaction of the
Development Authority. A Cannabis Facility may
include a Cannabis Store as an ancillary use.
This definition does not apply to a registered
person as defined in the Access to Cannabis for
Medical Purposes Regulations Act and its
regulations, as amended from time to time.
Change of Use means a change in the purpose or
function of a Structure or land from one Use to
another.
Common Amenity Space means an area comprised of
on-site communal indoor / outdoor space,
designated for active or passive recreational use by
the users of the Lot.
Community Group means a non-profit organization,
society, charity, sports league, place of worship,
School board, government body, or organized
group of citizens.
Community Event means an event hosted by a non-
profit organization, society, charity, sports league,
place of worship, School board, government body,
or organized group of citizens whose main intention
is not for the purposes of promoting a for-profit
business. A Community Event may occur on
private property or within the Public Realm.
Condominium and Bareland Condominium means a
Condominium plan registered in a Land Titles
Office that complies with the requirement of the
Condominium Property Act. A Bareland
Condominium is considered to be a unit within a
Bareland Condominium plan and in this Bylaw, is
considered to be a Site.
Corner Lot means a Lot situated at the junction of two
intersecting Thoroughfares.
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Corner Visibility Triangle means a triangular area
formed on a corner Lot by the two curb lines and a
straight line which intersect them 7.5 metres from
the corner where they meet.
Council means the Council of the Town of High River.
Curb or Curbline means a line formed by the face of an
existing Curb, or, in its absence, the outer edge of
the shoulder, along which curbing may be located.
The Curbline is the boundary between the
vehicular way and pedestrian way, if separated.
Day Home means a child care facility operated from a
private residence for up to and including 6 children
between the ages of 0 and 12 and complies with
the Alberta Family Day Home Standards.
Deck means an uncovered horizontal Structure with a
surface height greater than 0.6 metres above
Grade at any point that is intended for use as an
outdoor amenity space, but does not include a
Balcony.
Demolition means the tearing down, wrecking,
destroying, or removal of a Building and is
deemed to be a form of Development.
Designated Design Event refers to the event of the
2013 flood and the requirement to be flood-proofed
to withstand a flooding event with a minimum
flowrate of 1,820 m3/s.
Development means:
(a) An Excavation or stockpile and the creation of
either of them; or
(b) A Building or an addition to, or replacement or
repair of a Building, or the construction,
Demolition, removal, or placing in, on, over, or
under, land of any of them; or
(c) A Change of Use of land or a Building, on an
act done in relation to land or a Building, that
results in, or is likely to result in, a change in
the Use of the land or Building; or
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(d) A change in the intensity of Use of land or
Building, or an act done in relation to land or a
Building, that results in, or is likely to result in,
a change in the intensity of Use of the land or
Building.
Development Agreement means a legal agreement
between the Applicant for a Development Permit
and the Town committing to the provision of utility
and infrastructure services and any other matter
required by a condition of the Development
Permit.
Development Permit means the document, issued by a
Development Authority, pursuant to this Bylaw,
and the provision of the Municipal Government Act,
and includes the plans and conditions of approval.
Discretionary Use means a Use of land or of a
Building which is listed as discretionary in a Land
Use District and for which a Development Permit
may be issued, with or without conditions, by the
Development Authority.
Drive Though Facility means a Building with a drive
through window and queuing lanes.
Dwelling Unit means a single unit providing complete,
independent living facilities, including permanent
provisions for living, sleeping, eating, cooking and
sanitation. Dwelling Units shall be serviced by
connection to the Town's sewer and water lines.
Eave means the junction of a Building wall and an
overhanging roof.
Education means public and private places of learning
for any age including licensed child care facilities.
Essential Public Utility means systems and facilities
associated with water, sewage, power, heating and
cooling, energy, waste, transportation,
telecommunications, wildlife corridor and any
municipal flood prevention infrastructure such as
berms, dykes and retaining walls.
Excavation means the space created by the removal of
soil, rock, or fill for the purposed of construction.
E
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Façade means the exterior wall of a Building.
Fence shall mean a vertical barrier constructed for the
purpose of marking a boundary, providing visual
screening, sound attenuation, or preventing
unauthorized access.
Fence Height shall be measured from the top of the
fence to the Grade and shall include the height of
any retaining wall which represents a logical
vertical extension of the Fence.
.Flag means a typically rectangular piece of fabric of
distinctive design that is used as a symbol of a
jurisdiction such as a town, province, or country but
does not include a Sign.
Flood Mitigation Compliance Certificate means a
certificate issued by the Town prior to occupancy of
a Building which confirms that the Building meets
all applicable Flood Hazard Overlay requirements
of this Bylaw.
Flood Protection Commitment Letter means a letter
stamped by a professional engineer and submitted
with a Building Permit application that details which
design measures are to be taken to ensure the
proposed Building complies with Section 2.4 of
this Bylaw.
Floodway means a river of other channel and adjoining
lands that would likely provide a pathway for
floodwaters in the event so a flood of a magnitude
likely to occur once in 100 years.
Freeboard means the minimum height that is in
addition to the elevation required by the
Designated Design Event in order to provide
adequate flood protection in the event a flood of
similar magnitude to the one experienced in 2013
should re-occur.
Frontage means the area of a Lot between a Building
Façade and a Curb inclusive of its built and
landscape components. Frontage is divided into
Public Frontage and Private Frontage.
Front Lot Line means the Lot Line that abuts a
Primary Thoroughfare.
Frontage Build-Out means the minimum required
percentage of the Lot Width that shall have a
Building Façade at the front Setback.
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Gaming Establishment means the use of a Building
or room where the principal Use is gambling such
as a casino, bingo games, and the like.
Gas Station means a business engaged in the sale of
vehicle fuel and ancillary products.
Government means Offices owned, operated, or
occupied by a government agency, including, but
not limited to, government officials and
departments, social service facilities, public works
facilities, and / or courthouses.
Grade means ground level, or the elevation at any
given point.
Ground Floor means the Storey of a Building closest
to the Curb level.
Heavy Industrial means the processing,
manufacturing, or compounding of materials,
products, or any industrial activities which because
of their scale or method of operation regularly
produce noise, heat, glare, dust, smoke, fumes,
odours, vibration, or other external impacts
detectable beyond the Lot Lines of the property.
This use does not include Cannabis.
Hospital means a facility that provides health, medical
and / or surgical care to the sick or injured.
Hospitals may include related Accessory Uses
including, but not limited to, laboratories, outpatient
clinics, cafeterias, gift shops, training facilities,
classrooms, central service facilities, human
services, and Offices integral to the function of the
facility.
Hotel / Motel means a facility that offers Lodging, is
not within a Dwelling Unit.
Human Services means an establishment that provides
services to persons in need of assistance due to
age, physical or mental disability, addiction, illness,
or injury. Uses may include, but are not limited to,
assisted living facilities, Cannabis Counselling
Business, treatment centre, and community
support services.
G
H
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Infiltration means the process of percolating
stormwater into the subsoil.
Institutional means a category of Uses that include
premises used by organizations to support the
common good including organizations dedicated to
religion, arts and culture, education, government,
social service, recreation, health, and the like.
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Landscaped Area means:
(a) The Private Frontage(s) for Residential
Development with 2 Dwelling Units or less
(not including Additional Dwelling Units).
(b) For other Residential Uses, it shall be a
minimum of 40.0 percent of the total Site
Area. For all other Uses, it shall be 15.0
percent of the total Site Area for
Lane means a secondary vehicular Access located to
the side or rear of a Lot, and provides Access to
service areas, parking, Accessory Structures, and
/ or containing utility easements.
Light Industrial means the manufacturing, fabrication,
assembly, distribution, disposal, warehousing or
bulk storage, trucking and equipment facilities, or
any industrial activities primarily within a Building
and does not produce noise, heat, glare, dust,
smoke, fumes, odours, vibration, or other external
impacts. Retail & Service, General is allowed. This
use does not include Cannabis.
Liquor Store means an establishment which sells
alcoholic beverages for consumption off-site.
Lodging means a category of Uses that include
premises available for short-term human habitation.
Lot means an area of land described in a Certificate of
Title or described in a Certificate of Title by
reference to a Plan filed or registered in a Land
Titles Office and includes a Bareland
Condominium unit created under a Condominium
plan.
Lot Area means the area contained within the
boundaries of a Lot as shown on a Plan of
Subdivision or described in a Certificate of Title.
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Lot Coverage means that portion of the Lot Area
covered by all covered Structures.
Lot Line means the boundary that legally and
geometrically demarcates a Lot.
Major Home Occupation means the incidental use of a
Dwelling Unit and /or Accessory Structure by
residents for business activities that do not affect
the Residential character of the property and may
have a limited number of clients.
Master Site Plan means a document created to support
a Development Application on a Mixed-Use
Commercial or Industrial Site, intended to
address how the Development related and
interfaces with its surrounding area, and how it
meets any planning policies and standards
applicable to the site.
Manufacturing means a category of Uses that include
premises available for the creation, assembly, and
repair of artefacts including their Retail sale except
when such activity creates conditions that may be
objectionable to neighbouring property owners.
Minimum Development Elevation means the
requirement for Buildings to include design
measures for flood mitigation if they are
constructed at or below the elevations generally
shown on the Minimum Development Elevation
Map.
Minor Home Occupation means the incidental Use by
a resident of a Dwelling Unit for business activities
that do not affect the Residential character of the
property, does not require the use of an Accessory
Structure, and has no client visits to the property.
Mural means any piece of artwork painted or applied
directly to a wall, ceiling, or other large permanent
surface and does not include third party
advertising.
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Non-Conforming Building means a Building:
(a) That is lawfully constructed or lawfully under
construction at the date this Bylaw becomes
effective; and
(b) That on the date this Bylaw becomes effective
does not, or when constructed will not, comply
with this Bylaw.
Non-Conforming Use means a lawful specific Use:
(a) Being made of land or a Building or intended to
be made of land or a Building lawfully under
construction at the date this Bylaw becomes
effective; and
(b) That on the date this Bylaw becomes effective
does not, or in the case of a Building under
construction, will not, comply with this Bylaw.
Office means a category of Uses that include premises
available for the transaction of general business.
Outdoor Storage means the keeping of materials,
goods, or inoperable vehicles on-site for a
timeframe exceeding 24 hours.
Overlay means an area which is applied over one or
more underlying districts, establishing additional or
stricter standards and criteria for covered properties
in addition to those of the underlying district. An
Overlay is introduced to address a special situation
or achieve specific goals.
(a) Where a regulation in a district and an Overlay
do not agree, the regulation in the Overlay
shall apply.
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Pageantry Feature means a Sign, flag, or other
decorative element intended to attract potential
purchasers to a Development.
Passage means a pedestrian connector passing
between or through a Building, providing shortcuts
through long Blocks, and / or sometimes
connecting rear parking areas with Frontages.
Passive Recreation means leisure activities that
require little to no Alteration or formal
Development of a Site for public or private
enjoyment.
Patio means an uncovered horizontal Structure with a
surface height, at any point, no greater than 0.6
metres above Grade intended for use as an
outdoor amenity space.
Permitted Use means a Use of land or of a Building
which is listed as Permitted in a Land Use District
and for which a Development Permit must be
issued with or without conditions by the
Development Authority if the proposed
Development meets all requirements of this Bylaw.
Porch means an unenclosed covered Structure
forming an entry to a Building.
Primary means the main Use or Building on a Lot.
Primary Uses may be located within a Building, or
portion of a Building that is separated structurally
from other Uses within the same Building. One or
more Primary Uses may occur on a single Lot.
Primary Thoroughfare means the Thoroughfare
clearly associated with the front Façade of Primary
Buildings along a Block Face. Where a Corner
Lot abuts more than two Thoroughfares, the
Development Authority may determine that all
Thoroughfares, except for one, are a Primary
Thoroughfare, if such a determination is in the
interest of protecting the quality of the Public .
Public Park means a Site owned by the Town
designed or reserved for Active Recreation or
Passive Recreation Use, including all natural and
man-made open space and landscaping, facilities,
playing fields, and Buildings that are consistent
with the general purposes of Recreation, whether
or not such recreational facilities are publicly
operated or operated by other organizations
pursuant to arrangements with the public authority
owning the Public Park. Public Parks include, but
are not necessarily limited to, tot lots, band shells,
picnic grounds, pedestrian trails and paths,
landscaped buffers, playgrounds, water features,
baseball diamonds, football fields, soccer pitches,
and similar outdoor sports fields.
Realm. If the position of the Primary Thoroughfare in
relation to the Corner Lot is unclear, the
Development Authority will make a determination
on this matter, taking into account the following
factors:
(a) The orientation of Primary Buildings at the
intersection, Where Primary Buildings at the
intersection are oriented toward one of the
Thoroughfares, this Thoroughfare will
generally be considered the Primary
Thoroughfare.
(b) The width of the Lot Line. Among the Lot
Lines that abut the Thoroughfares, the Lot
Line with the narrowest width will generally be
associated with the Primary Thoroughfare.
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(c) The width of the Thoroughfares. The widest
Thoroughfare, or the Thoroughfare with the
widest pedestrian way, will generally be
considered the Primary Thoroughfare.
(d) Pedestrian Counts. The Thoroughfare with
the highest weekday, peak-hour pedestrian
counts will generally be considered the
Primary Thoroughfare.
Private Frontage means the area between the
Building Façades and the Lot Lines, and applies
to the Primary Frontage and secondary Frontage.
Professional Office means a facility for the processing,
manipulation, or application of business information
or professional expertise, and which may or may
not offer services to the public. A Professional
Office is not materially involved in fabricating,
assembling, or warehousing of physical products
for the retail or wholesale market.
Projection means any structural or architectural
element, Building feature or other object that juts
out, overhangs, or protrudes into the prescribed
Setback.
Public Frontage means the area within a
Thoroughfare between the Curb and the Front
Lot Line, and applies to the Primary Frontage and
secondary Frontage.
Public Realm means all exterior places, linkages, and
built form elements that are physically accessible
regardless of ownership. The Public Realm
includes, but is not limited to, Rights-of-Way,
greens, squares, plazas, courtyards, paths, and
sidewalks.
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Real Property Report means a codified standard
adopted by the Alberta Land Surveyor's Association
that indicates the location of Buildings and / or
Structures on a Lot.
Rear Lot Line means a Lot Line that is opposite the
Front Lot Line, and does not abut a
Thoroughfare.
Recreational Vehicle means a vehicle that provides
temporary accommodation for recreational or travel
purposes and includes, but is not limited to, motor
homes, travel trailers, fifth wheel travel trailers,
campers located on a vehicle or not, tent trailers
and boats.
Repair means the repair and service of goods,
equipment and / or vehicles.
Residential means a category of Uses that include
premises available for long-term human habitation
by means of ownership and rental, but exclude
short-term renting of less than a month's duration.
Restaurant / Drinking Establishment means a
business where food and beverages are prepared
for and served to patrons for consumption either
on-premises or off-premises and may include
ancillary live entertainment. If the business serves
alcoholic beverages, it must be licensed pursuant
to provincial legislation Restricted Development
Area refers to lands that were impacted by the
2013 flood and require mitigation measures to be
constructed to withstand a flooding event of similar
magnitude.
Retail & Entertainment means a category of Uses that
include premises available for the commercial sale
of merchandise and prepared foods.
Retail & Service, General means a business that
provides goods or services directly to the
consumer, and where such goods or services are
available for immediate purchase on the premises
by the purchaser. This use does not include
Cannabis Store.
Retail & Service, Heavy means a Retail or service
business with permanent outdoor display, service
and / or storage areas, including, but not limited to
vendors of lumber and building supplies,
landscaping supplies and equipment, industrial
equipment, vehicles, watercraft, and / or outdoor
Structures such as prefabricated sheds, Decks,
and Patios, swimming pools and play equipment.
This use does not include Cannabis Store.
Right-of-Way means the total width of any land
reserved or dedicated as a Thoroughfare, Lane,
pedestrian way, or utility line.
Rural Intensive Agriculture means Agriculture
conducted at the rural scale that requires intensive
use of resources such as land or water. This use
does not include Cannabis.
Rural Non-Intensive Agriculture means Agriculture
conducted at the rural scale that does not require
intensive use of resources such as land or water.
his use does not include Cannabis.
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School means a Use where any of the following
teaches students the education curriculum from
kindergarten to grade 12 pursuant to the School
Act: a school district, a school division, or a
society or company named within a charter
approved by the Minister of Education operating a
charter school.
Secondary Thoroughfare means a Thoroughfare that
is not a Primary Thoroughfare, and is clearly
associated with the corner side Façades of
Buildings.
Setback means the distance between the point of a
Building Façade closest to the adjacent Lot Line.
Shade Tree means a large deciduous tree that is
utilized for its broad leaf canopy and ability to cast a
shadow upon a large area.
Short Term Rental means a business providing
temporary accommodation for compensation, in a
Dwelling Unit or portion of a Dwelling Unit for
periods of up to 14 consecutive days. Businesses
that have been issued a permit for a Bed &
Breakfast are not classified as Short Term
Rentals.
Shipping Container means an Accessory sealed unit
used for the land and sea transport of goods and
materials which may also be used for storage. Also
called a Sea Can.
Shrub means a woody deciduous or evergreen plant,
smaller than a tree, consisting of several stems
from the ground or small branches near the ground.
Side Lot Line means the Lot Line other than the Front
Lot Line or Rear Lot Line.
Sign means a visual medium used to convey
information by way of words, pictures, images,
graphics, emblems or symbols, or any device used
for the purpose of providing direction, identification,
advertisement, business promotion, or the
promotion of a person, product, activity, service,
event or idea.
Sign, A-Board means a self-supporting Sign with no
more than two faces joined at the top of the Sign,
that is intended for temporary Use during the hours
of the business to which it applies, and that is
constructed in a manner and of materials such that
it can be placed and moved manually by a person
without mechanical aid. A-Board Signs shall not
be placed more than 300,0 metres from the
business that they are advertising. A-Board signs
that display messages that do not relate to a local
business shall not be permitted.
Sign, Banner means a Sign constructed of flexible
material that can be affixed to a Fence, Building,
or Structure .
Sign, Bench means a sign which is painted on or
affixed flat to a bench.
Sign, Canopy means a Sign attached to or constructed
on the face of a canopy which is the Primary
identification for a Building or premises.
Sign, Changeable Message means a Sign which
contains lettered messaging and changes through
mechanical or manual means.
Sign, Community Identification means a Sign which
states the name of a community or neighbourhood,
usually found at entrances to subdivisions or
Condominiums.
Sign, Construction means a temporary sign erected
on a Site where construction is taking place.
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Sign, Directional means a Sign erected on a property
to identify an entrance, exit, or area for the purpose
of directing pedestrians and / or vehicles.
Sign, Election means a non-illuminated Sign
announcing or supporting political candidates or
issues in connection with any vote or referendum
pursuant to municipal, provincial, or federal
legislation.
Sign, Electronic Messaging means a Sign which
contains electronic messaging and may be
electronically changeable. This includes, but is not
necessarily limited to digital signs, electronic
message boards, Gas Station price boards, Drive-
Thru menus, and time/temperature displays.
Sign, Fascia means a Sign that is mounted on and
parallel to the face of a Building and is the
Primary identification for a Building or premise.
Sign, Flag means a Sign that is made of fabric or
flexible material attached to or designed to be flown
from a permanently constructed flagpole or light
standard.
Sign, Sign, Flashing means a Sign which contains an
intermittent or flashing light source.
Sign, Flutter means a Sign that is made of lightweight,
flexible material attached to a pole or Structure
placed on the ground.
Sign, Freestanding means a Sign supported
independently of the face of a Building or
Structure and attached permanently to the ground.
Sign Height means the vertical distance measured at
right angles from the highest point of the Sign or
Sign Structure to the finished Grade directly
below.
Sign, Inflatable means an inflated three-dimensional
device which incorporates a Sign, and is anchored,
or affixed to a Building or Site.
Sign, Lawn is a temporary double-or single-faced sign
inserted into the Town's boulevard following
issuance of a permission letter from Town
administration for a specified period of time to
temporarily mark a walk/run route. The maximum
sign area is 1.0 square metre.
Sign, Obsolete means a Sign located on premises
which becomes vacant and unoccupied for a period
of 90 days or more, or any Sign that pertains to a
business or occupancy that no longer exists, or that
pertains to a time, event, or purpose that no longer
applies.
Sign, Portable means a Sign mounted on a Structure
which is not permanently or structurally affixed to
the ground, excluding Sign, A-board, and is
typically designed for the rearrangement of the
Sign's display surface, and which is capable of
being readily moved from place to place. For clarity,
this category may include, but is not necessarily
limited to Sign, Lawn, Sign, Portable Changeable
Message Board, Sign, Portable Billboard, and
Sign, Flutter.
Sign, Portable Billboard means a Sign mounted on a
Structure which is not permanently or structurally
affixed to the ground.
Sign, Portable Changeable Message Board means a
Sign mounted on a Structure which is not
permanently or structurally affixed to the ground,
and is designed for the rearrangement of the
Sign's display surface.
Sign, Projecting or Hanging means a Sign that
projects from a Structure or Building face that is
usually secondary to other permanent Signs such
as Canopy Signs or Fascia Signs.
Sign, Real Estate means a non-illuminated Sign
advertising real estate that is for sale, lease, or
rent.
Sign, Revolving means a Sign or portion thereof which
moves in a revolving manner.
Sign, Roof means a Sign or portion thereof which is
erected upon or above a roof of a Building.
Sign, Searchlight or Laser means a Sign used for
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advertising and / or entertainment purposes
containing a light source projecting high intensity
beams of light.
Sign, Sponsorship means a Sign located on fencing,
an Accessory Building, or Structure such as
dugouts, or bleachers, or as a Sign, Freestanding
that displays the sponsor's name and may include
one or more of the following: an expression of
thanks, the sponsor's brand, logo, tagline, or
contact information.
Sign, Temporary means a Sign that is not
permanently affixed to a Building, other
immovable Structure, or the ground, and is
typically used to announce or promote specific
special events or celebrations of a public nature,
such as festivals, concerts, the opening of new
commercial premises, sporting events, and public
activities of a similar nature
Sign, Third Party means a Sign that contains
advertising by a third party. This does include Sign,
Bench. This does not include Sign, Sponsorship.
Sign, Traffic means a Sign that is used to direct or
manage the movement of traffic.Sign, Vehicle or
Trailer means a Sign which is painted on or affixed
to a motor vehicle or trailer which is parked and
visible from a public Right-of-Way and its intended
use as a Sign, unless said vehicle or trailer is used
in the normal day-to-day operation of the business.
Sign, Window means a Sign which is painted on,
attached to, or installed behind a window for the
purpose of being viewed from outside the premises.
Site means an area of land on which a Building or Use
exists or for which an application for a
Development Permit is made and can comprise
more than one Lot.
Solar Energy System means a panel or solar energy
device which is utilized for the collection, storage
and distribution of solar energy resources.
Stepback means a recess in the upper Storeys of a
Building from the lower Storeys, designed to
reduce the Building's mass and allow more light
and air to reach the ground.
Storey means the space between the top of any floor
and the top of the next floor above it, and if there is
no floor above it, to the ceiling above it or to the
base of the Eave, but does not include a
Basement.
Stormwater means rainwater, surface runoff, snowmelt,
and drainage.
Stormwater Management means the use of structural
or non-structural practices that are designed to
reduce stormwater runoff and mitigate its adverse
impacts on property, natural resources, and the
environment.
Structure means anything constructed or erected, the
use of which requires more or less permanent
location on the ground, or attached to something
having permanent location on the ground. Can
include a Building.
Subdivision means any change in the shape or size of
a parcel of land registered in a Land Titles Office so
as to require a new Certificate of Title issued
pursuant to the Land Titles Act.
Subdivision Agreement means a legal agreement
between the Applicant for a Subdivision and the
Town committing to the provision of utility and
infrastructure services, and any other matter
required by a condition of the Subdivision
approval.
Subdivision Authority means the Town Manager or
their designate(s) appointed as the Subdivision
Authority in accordance with the Municipal
Government Act.
Subdivision and Development Appeal Board means
the body established by Council pursuant to the
Municipal Government Act to act as the Appeal
body for Appeals against Development Permit
decisions, Subdivision decisions and Stop Orders.
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Sustainable Renewable Energy means a Use the
produces energy fuelled in ways that not use up
natural resources. Energy may be derived from
natural and / or non-traditional sources including,
but not limited to, geothermal, solar, water, or
waste.
Temporary Development means a Development for
which a Development Permit has been issued for
a limited time only.
Temporary Dwelling Unit means a Dwelling Unit built
on a frame that allows it to be moved from time to
time and not intended for permanent habitation. A
Temporary Dwelling Unit does not include
Recreational Vehicles.
Thoroughfare means a Right-of-Way, typically publicly
owned, serving primarily pedestrian and vehicular
travel, providing Access to abutting properties, and
which may also be used to provide space for
bicycle facilities, Stormwater Management, Shade
Trees and / or utilities. Lanes are not considered
Thoroughfares. A Thoroughfare does not have to
accommodate vehicular travel.
Town means that Town of High River, a municipal
corporation in the Province of Alberta, or the area
within the corporate limits of the Town of High
River, as the context requires.
Town Plan means the Municipal Development Plan
adopted by Council in accordance with the
Municipal Government Act.
Transparency means the area of a Façade composed
of windows (either within the wall or within door(s)),
typically measured as a percentage.
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Use means the utilization of a parcel of land for a
particular development activity.
Urban Agriculture means community-oriented
Agriculture including, but not limited to, community
gardens or orchards. This use does not include
Cannabis.
Variance means the amount by which the
Development Authority may adjust a standard of
this Bylaw.
Vehicle Access means the place, means or way by
which vehicles shall have adequate ingress and
egress to a property.
Vehicle Wash means an establishment for the washing
of motor vehicles, which may employ production-
line methods, mechanical devices, staffed hand
wash facilities, or unstaffed self-wash facilities, and
may include washing stations for pets.
Vehicular Way means the public Right-of-Way
between Curbs, including parking lanes and travel
lanes for personal vehicles, commercial vehicles,
transit vehicles and bicycles. Medians, turn lanes,
Curb and gutter, and loading zones are including in
the Vehicular Way.
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Wind Turbine means a Structure that relies on wind
as an energy source and is capable of collecting it,
converting it to electrical energy and distributing it
for beneficial use.
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